Just visiting my wife...but...

[bsd058 296]

Hi.

I am not intending to enter the US to adjust status. I will actually have a job waiting for me back home (here in Canada) and have a rental and return ticket. But I was wondering, if my wife and I wanted to adjust my status after I enter could we do so without an approved I-130 petition? Or must we still wait for the petition to be approved? Again, I really don't have the intention of doing this, but we discussed it the last time I visited her. I really don't know how to answer the question, since on the instruction form it shows that the petition must first be approved before I can submit the paperwork for the I-485. Or else I have to submit the I-130 with the I-485, but I already have an I-130 pending with USCIS.

Thing is, she filed the I-130 petition beginning of June, 2012 and we haven't heard anything yet. I'm planning on visiting her and returning, but she said that she wants to talk about it when I'm there. I don't think we'll go that route, but just in case, what's the rule on that? Could we even submit an application to adjust status even though our I-130 isn't approved yet?

Thanks.

[Alaska2012 462]

No, you have to wait it out...

[bsd058 296]

No, you have to wait it out...

What about right here under Two Step Process: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD ?

Would that just not apply to me?

Edited February 21, 2013 by bsd058

[GandD 5,966]

I feel like this thread is about to get a lot of attention. People tend to get a bit up in arms about this type of question. You probably shouldn't do it..... Check below and read the warning. Note that the third paragraph applies to you, since you're considering it before you cross.

http://www.visajourney.com/content/i130guide2

[bsd058 296]

I feel like this thread is about to get a lot of attention. People tend to get a bit up in arms about this type of question. You probably shouldn't do it..... Check below and read the warning. Note that the third paragraph applies to you, since you're considering it before you cross.

http://www.visajourney.com/content/i130guide2

I thought I was clear that I'm not going to cross the border with the intention of staying. I'm talking purely hypothetical.

I'm just wondering if she brings it up while I'm there. Like I said, I have a job that's expecting me back, I have a rental, I have a return ticket. I'm expecting to come back. I just want to know just in case she wants to discuss it while I'm there.

Edited February 21, 2013 by bsd058

[Alaska2012 462]

What about right here under Two Step Process: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD ?

Would that just not apply to me?

Because you started the process while outside the US

[didopage 337]

What about right here under Two Step Process: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD ?

Would that just not apply to me?

It's in the case you START the process in the US. You are outside of the US, your wife petitioned an I-130, so it obviously shows that you have an immigrant intent.

If you enter the US right now without an immigrant visa and try to adjust your status, it's really not a good idea as there is an obvious USCIS proof that your intent is to immigrate.

In order to adjust status in the US, you NEED an approved petition.

Also, an approved I-130 is not a visa.

Visit her and return to finish your visa process.

Edited February 21, 2013 by didopage

[bsd058 296]

Because you started the process while outside the US

Ok, so it wouldn't even be an option at that point, then, unless we submitted a new I-130 or something. Thank you.

It's in the case you START the process in the US. You are outside of the US, your wife petitioned an I-130, so it obviously shows that you have an immigrant intent.

If you enter the US right now without an immigrant visa and try to adjust your status, it's really not a good idea as there is an obvious USCIS proof that your intent is to immigrate.

In order to adjust status in the US, you NEED an approved petition.

Also, an approved I-130 is not a visa.

Visit her and return to finish your visa process.

So they never take into account people who visit their spouses (with a pending I-130) and then change their mind about returning to their country, then?

Who said the I-130 was a visa?

Edited February 21, 2013 by bsd058

[didopage 337]

So they never take into account people who visit their spouses and then change their mind about returning to their country, then?

They do, when the intent at the time of entry in the US was NOT to immigrate. I think people who enter with a work/student visa, and try to adjust like a year after are the most "legit" because their inital intent was more possibly not to immigrate. Visitors who try to adjust shortly after their entry are the most scrutinized, and even more when they have a relative in the US, which is understandable.

No matter what you can say, your intent is to immigrate, in the future for sure, but they can easily say that you lied because there was a pending I-130 petition at the time of your entry. I would not try that path.

I didn't say anyone said the I-130 was a visa, it was just a precision.

Edited February 21, 2013 by didopage

[GandD 5,966]

I thought I was clear that I'm not going to cross the border with the intention of staying. I'm talking purely hypothetical.

I'm just wondering if she brings it up while I'm there. Like I said, I have a job that's expecting me back, I have a rental, I have a return ticket. I'm expecting to come back. I just want to know just in case she wants to discuss it while I'm there.

[/quote

Look, I don't doubt your intentions and i think we all know where you're coming from. No intention of staying but kinda thinking about it? Where is the line here? What does intention of staying really mean, its kinda grey i guess but i would think hypothetical questions that receive positive feedback before crossing that leads to a decision to stay after entering on a tourist visa might be intention to stay before crossing. Anyway, not accusing you of anything, I know you're a contributing member to the site and I just wouldn't want you to end up in a bad situation.

[bsd058 296]

They do, when the intent at the time of entry in the US was NOT to immigrate. I think people who enter with a work/student visa, and try to adjust like a year after are the most "legit" because their inital intent was more obviously not to immigrate. Visitors who try to adjust shortly after their entry are the most scrutinized, which is understandable.

No matter what you can say, your intent is to immigrate, in the future for sure, but they can easily say that you lied because there was a pending I-130 petition at the time of your entry. I would not try that path.

I didn't say anyone said the I-130 was a visa, it was just a precision. Relax.

Ok fair enough. I'll let her know if she brings it up. Thanks for all your help folks.

Look, I don't doubt your intentions and i think we all know where you're coming from. No intention of staying but kinda thinking about it? Where is the line here? What does intention of staying really mean, its kinda grey i guess but i would think hypothetical questions that receive positive feedback before crossing that leads to a decision to stay after entering on a tourist visa might be intention to stay before crossing. Anyway, not accusing you of anything, I know you're a contributing member to the site and I just wouldn't want you to end up in a bad situation.

Ok it's cool. Thanks for all of your help. It'll be nice once this whole process is over with and I won't have to deal with this waiting #######. Have a good one!

Edited February 21, 2013 by bsd058

[Alaska2012 462]

Ok, so it wouldn't even be an option at that point, then, unless we submitted a new I-130 or something. Thank you.

So they never take into account people who visit their spouses (with a pending I-130) and then change their mind about returning to their country, then?

Who said the I-130 was a visa?

If you we're to file a new I-130 from within the US you have to make sure you are in the country on a visa that you are allowed to adjust status on. If you are not they will find out you are already in the system and probably suspect fraud and kick you out!

No they never take that into account. In fact if they, at the border, suspect that you won't go back after visiting your spouse during the process they will not let you in.

This process sucks but at the end of the journey it was worth every day

[GandD 5,966]

Ok fair enough. I'll let her know if she brings it up. Thanks for all your help folks.

Ok it's cool. Thanks for all of your help. It'll be nice once this whole process is over with and I won't have to deal with this waiting #######. Have a good one!

You too, maybe you'll get approved when here and you can celebrate together. Good luck!

[bsd058 296]

You too, maybe you'll get approved when here and you can celebrate together. Good luck!

That'd be awesome! Even better if it happened beforehand. Thanks!

It makes sense now that whenever I go to visit, when they view my I-797C, they don't care to see my proof of ties! Because I couldn't adjust even if I wanted to! Duh! lol. Thanks everyone!

Edited February 21, 2013 by bsd058

[Harpa Timsah 13,258]

A person can AOS in the US with a I-130 pending. The I-130 does not need to be approved. You should have asked this question after you were in the US.