Confused: AOS for spouse on visitor visa.

[cfaexpat 0]

Hi,

Here is a brief intro about us...

I was currently living out of the US(Canada and Kuwait) for 24 years. I was in graduate school and did not work for the past 4 years and have not filed taxes in the US or Canada.(Well I worked for 1 year but did not make enough so I did not file) I have now received a job offer in the US (salary=$54,000) I also have savings of $50,000. My husband has PR(green card) status in Canada and is a citizen from Kuwait. He has been to the US on a tourist visa(10 year visa issued in 2012) and also was a student there for 4 years. We have been married for 5 years.

Now the question is can I go to the US and start working and bring my husband with my on a tourist visa then apply for AOS? I do not want to be separated for so long. Also would he be allowed to work while waiting for the process.

Your help is appreciated.

Thanks

[belinda63 3,047]

Entering the US on a tourist visa with the intent to immigrate is visa fraud.

You cannot work while on a tourist visa.

He will need proof that he will leave the US at the end of his visit. This could be employment, residence, wife and children in another country, etc. Having a USC spouse will make it hard for him since he may be questioned on entry to the US and could be denied entry if he cannot show he will leave at the end of his visit. Then again he may not have any problem at all with his entry.

[lil2be 11]

Your husband is Canada PR? The Canadian immigration can not process your Visa to enter the US. Unless you go to US embassy in Canada.

If you have a job offer in the US, your prospective employer can sponsor you for H1B visa to work in US. Otherwise, holding a a tourist visa, you can't legally work here.

[cfaexpat 0]

Thanks for your reply. So what is the best way to apply without being separated. I read something online about adjustment of status after entering the US legally. My husband lives in Kuwait now but has a Canadian PR. I am not working right now and only have $50,000 in cash.

[cfaexpat 0]

Another question: How long will it take for my husbands approval to go to the US take if I apply from Kuwait. What is the best method to apply without being separated. Also if I apply form Kuwait can my husband visit me he has a 10 year visa to the US and will still have ties back home such as a job, car etc.

[cfaexpat 0]

This is what I was referring to:

Get a Green Card While Inside the United States

One Step Process
Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

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

This is what I was referring to:

Get a Green Card While Inside the United States

One Step Process

Certain people are eligible to apply for a green card (permanent residence) while inside the United States. An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative. For more information on filing for permanent residence in one step, see our Concurrent Filing page.

It is illegal to do that with preconceived notions.

[cfaexpat 0]

It is illegal to do that with preconceived notions.

Oh I never knew it was illegal. So based on my case above what is the best way to proceed?

[NikLR 13,232]

File the petition and start on the CR1/IR1 path. You will have to be separated unless you choose to live in another country together. This is kinda how it goes.

[cfaexpat 0]

File the petition and start on the CR1/IR1 path. You will have to be separated unless you choose to live in another country together. This is kinda how it goes.

Thank you. Is it better to apply from Canada or Kuwait. How can I find out what the average processing time is?

[NikLR 13,232]

Where you apply from doesn't matter. General processing time for the I-130 is 4-12 months with an average of 6-8. Then you have a few months of NVC work, and then 1-6 months until interview (some countries take longer). Then he may have administrative processing (extra name checks and waiting) because he's from a Middle eastern country.

[belinda63 3,047]

The problem with this advise, to intentionally enter the US with the intent to immigrate is that you might be caught in a misrepresentation which could lead to a lifetime ban from the US. CPB sees this frequently and they know what questions to ask and what to look for.

If the above were legal there would be no need for the I-130 or the CR-1 visa.

[Ryan H 3,834]

***One post violating the TOS removed along with posts quoting. Posts minus the quote returned below. This thread is also being closed to any additional discussion as the proper answers to the OP's query have been given. Do not restart this thread.***

Entering the usa with intent to imigrate is illegal.

It is against TOS to advise someone to commit fraud.

~ Moved from K-3 Process to AOS from Work, Student & Tourist Visas ~