AOS for B1/B2 visa holder married to LPR

[fatima1985 0]

Hi all,

I am an LPR for more than 5 years, but I have living abroad for past years, on Feb,2013 I submit the required forms for my naturalization but the UCIS rejected because they found out that I did not live in USA for 30 month continuously, know still I maintained my LPR status. I married my boyfriend 3 years ago and now I am going to the US in order to live their with my parents ... I have a baby with 6 months years old, he was born here in USA and he is a US citizen. My husband holds a valid b1/b2 visa that was used once this year to attend a conference and return back shortly. As there is no visa available for him to accompany me duringmy stay here we want him to come to the US for vacation and then - file for AOS once he's there (I do not know what is the F2A category status ). I badly need my husband to live here with me and he also want that. The issue is the risk of being accused of having immigration intent at the time of entering the country on a b1/b2 and later having problems with AOS, also his B1/B2 visa allowed him to stay 6 months and we do not know if this time is enough for AOS, can we file for AOS after he interned the US immediately or we have to wait some time. Please comment on the risks and provide any advice that could help. Thanks!

[milimelo 4,569]

Using non-immigrant visa to immigrate to the US is immigration fraud.

Thread moved to Bringing Family Members of LPRs.

[Cathi 5,794]

traveling to the US with a non immigrant visa with the INTENT to adjust status is fraud

Edited September 2, 2013 by mimolicious

[Darnell 8,479]

if you filed the I-130 now, you'd get approval nowish, as a LPR,

as

F2A CATEGORY IS CURRENT.

Edited September 2, 2013 by Darnell

[newacct 688]

if you filed the I-130 now, you'd get approval nowish, as a LPR,

as

F2A CATEGORY IS CURRENT.

OP's husband is not in the U.S., so if they file I-130 now (abroad), they will have to wait for it to get approved before going to the next step, by which time F2A will no longer be current.

[Darnell 8,479]

unsure - we've been seeing 2 week approvals here coming out of USCIS.