Newbie here. Seeking advice from members

[kentv1982 1]

Hello, members!

This is my first posting because I am considering AOS for IR status

Please kindly advice me what to do.

I am a Chinese citizen and married my wife, an American citizen by birth, two years ago in the United States while I was on my B1/B2 visa. After our marriage, we left to live in China, and we had a baby while we were in China, who has an American passport because the embassy staff considered her an American citizen and refused issue a visa to her Chinese passport.

As you know, China's air quality is getting bad so I want to move to the US. I entered the United States by myself for potential job interviews on B1/B2 visa. My wife is still in China getting things finalized (selling stuff, etc) and she will join me here soon. I am planning to file my AOS from B1/B2 to IR so I can get my new life started.

So here are my questions:

1. Can we file our I-130 and I-485 before my wife joins me? She will do it as soon as everything is taken care of in China (renting out our condo mostly). This way we can save some time.

2. Should I observe the 30/60 day rule to be safe? I don't want to waste too much time.

3. My wife has been a stay at home mom in the past year so can I sponsor myself with my own assets (I have bank balances and properties in China which significantly exceed the requirement).

One more thing that might be irrelevant to Visa

4. The Obamacare deadline is the end of this month. As my wife and I were not living in the US, we obviously didn't purchase insurance. Now that we are coming, would we be hit by a penalty because we would buy insurance after the deadline?

Thanks in advance!!!

Edited March 23, 2014 by kentv1982

[Boiler 45,492]

Visitors can not buy Obamacare.

Your wife has to be your sponsor.

Let the fun begin.

[Ryan H 3,812]

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

**Moderator hat off**

Hello, members!

This is my first posting because I am considering AOS for IR status

Please kindly advice me what to do.

I am a Chinese citizen and married my wife, an American citizen by birth, two years ago in the United States while I was on my B1/B2 visa. After our marriage, we left to live in China, and we had a baby while we were in China, who has an American passport because the embassy staff considered her an American citizen and refused issue a visa to her Chinese passport.

As you know, China's air quality is getting bad so I want to move to the US. I entered the United States by myself for potential job interviews on B1/B2 visa. My wife is still in China getting things finalized (selling stuff, etc) and she will join me here soon. I am planning to file my AOS from B1/B2 to IR so I can get my new life started.

So here are my questions:

1. Can we file our I-130 and I-485 before my wife joins me? She will do it as soon as everything is taken care of in China (renting out our condo mostly). This way we can save some time.

2. Should I observe the 30/60 day rule to be safe? I don't want to waste too much time.

3. My wife has been a stay at home mom in the past year so can I sponsor myself with my own assets (I have bank balances and properties in China which significantly exceed the requirement).

One more thing that might be irrelevant to Visa

4. The Obamacare deadline is the end of this month. As my wife and I were not living in the US, we obviously didn't purchase insurance. Now that we are coming, would we be hit by a penalty because we would buy insurance after the deadline?

Thanks in advance!!!

Answers:

1. Your wife would need to sign the I-130 and an original signature is required. Fill out the forms as required now so they will be ready submission as soon as your wife can sign the form(s).
2. There is no such rule, file when ready.
3. Are your assets convertible and easily accessible here?
4. Unlikely, search the term "qualifying life event"

[NigeriaorBust 4,087]

Arriving in the US on a visitors visa is considered visa fraud and could lead to a ban especially if they questioned your intent when you entered. Hopefully you are not working at the moment. You can't start work until after you have AP or a green card in hand

[aussie_jason 195]

You don't adjust to IR1

[belinda63 3,038]

Ignoring the fact that you entered on a tourist visa with the intent to remain which is fraud and could get you a life-time ban from the US.

You wife has to file the I-130 for you. She is the primary sponsor even if she has never worked and does not have a penny to her name. Your joint assets can be used to help sponsor you if they are US based. In other words if you receive means-tested benefits the US needs to be able to easily access those assets to repay the benefits you received. Money or property in China is not accessible to the US government.

[kentv1982 1]

Thank you all for the replies:

To clarify: I am not currently working in the US. I have had a few job interviews.

As for asset:

My money is USD in Hong Kong and can be freely transferred to any US bank account, though I don't know if that is necessary since I can use my bank cards in any US ATM to withdraw money. Would I need an official bank letter to prove it or can I just print out a statement from the internet?