B2 AoS - Married to USC

[HateDistance 3]

Hello,

I have been married to a U.S. citizen since January 31st of this year. Prior to this we had been dating for 18 months, engaged for 15 of those. I was approved for a B2 Visa last year and I used that to live in California with my now spouse (we were engaged at the time) and family for six months, after she had lived in Australia with me on a WHV for 12 months.

My visa is valid until August of this year, and I have a convention to attend in June (E3). I have flights booked to the U.S. for May 26th. We have our legal certificate of marriage, etc.

Is it possible for me upon entering the U.S. (assuming I am not asked out our relationship) to Adjustment of Status? She is employed full-time, has good financials (as do I), and I can't see there being any negative factors. I've looked into it vigorously and I'm still unsure. I have no overstays and I don't come from a high risk country.

[Penguin_ie 5,997]

No. It is visa fraud to use your tourist visa with the intention of immigrating and staying. Instead, have her file for a CR-1 spousal visa now. You can still visit with your tourist visa during the process, just not stay/ live there.

[HateDistance 3]

No. It is visa fraud to use your tourist visa with the intention of immigrating and staying. Instead, have her file for a CR-1 spousal visa now. You can still visit with your tourist visa during the process, just not stay/ live there.

Sorry, I should have clarified. I am not expressing that as an intent, I am trying to clarify whether or not it is possible to do that at all if extenuating circumstances arise.

We're both interested in starting a family together and my main concern is that if she were to get pregnant while we were together again I would not want to be apart throughout the pre-birth process.

[N-o-l-a 7,168]

Why doesn't your wife just apply for your I-130 now? You do know if you adjust status that you can't work or travel for 90 days or more?

You can still visit while the I-130 is in process and then you don't have to go through the bother of adjusting status.

[HateDistance 3]

Why doesn't your wife just apply for your I-130 now? You do know if you adjust status that you can't work or travel for 90 days or more?

You can still visit while the I-130 is in process and then you don't have to go through the bother of adjusting status.

That is what we're looking at doing (the I-130), but thank you for the advice. Re: not working or travelling for 90 days or more, yes, I do know that. I have two jobs in Australia I am very much a part of and once again, I don't intend to abandon them.

[newacct 688]

Sorry, I should have clarified. I am not expressing that as an intent, I am trying to clarify whether or not it is possible to do that at all if extenuating circumstances arise.

We're both interested in starting a family together and my main concern is that if she were to get pregnant while we were together again I would not want to be apart throughout the pre-birth process.

If you go into the U.S. with every intention of leaving, and then while you're there something unexpected happens, e.g. she gets pregnant, and you change your mind and stay and adjust status, then it's okay.

However, the fact that you're already asking this now is kind of bordering on intent.