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Posted (edited)

My current status - dilema. AOS or Visa

I am Indonesian and my wife is USA citizen and we are living in Brazil since 2012.

I apply and submitted I-130 ( petition for alien relative ) from Brazil and got approved on April 5, 2013.

Actually I have USA tourist Visa / B1 Visa since 2010, I travel to US few times from it.

BUT on July 2013 we will be moving to USA, because my wife job and we bought the tickets already ( 2 more months )

Right now i have the letter from National Visa Center (NVC) about the Invoice for Immigrant Visa.

I really need wisdom advice from you,

1. Should I pay the Invoice and keep going with the Visa and hope it will be done in 2 months ?

or

2. Go to US and apply the I-485 ( adjustment of status ) ? will be that problem with NVC/USCIS

Any advice

Thanks

Edited by disful
Filed: Citizen (apr) Country: Iran
Timeline
Posted

It is illegal to enter the US on a tourist visa with the intent to immigrate (remain in the US). It is likely with an approved I-130 you won't be permitted to enter the US, especially if you look like you are moving here (which you would be), or you will be taken to secondary inspection where you will be quizzed about your intent to leave at the end of your authorized TOURIST stay. If you make any false statements while being questioned, such as, "yeah I don't plan on living here" or "no I am going to return home", or anything else such as this, they can later, if you file to adjust status, hit you with lying to an immigration officer and deport you with a life-time ban.

So my advice...stick with the I-130.

Never, ever, buy your tickets until the visa is in your hands!

(Wish I could post the two bold sentences on the home page and pin to the top of every topic.)

 
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