Is it possible or impossible?

[Silverma 0]

My husband (us citizen) and I (Chinese citizen)have been married for 5 years. We currently live in shanghai, china. Last month he found a job in boston and we need to move there this month. Obviously, it will not be enough time for me to apply for an IR visa in china if I want to go to the us with him this month. But at the same time I have to do so because we have a three year old son who needs me to take care. I have a ten yea B2 visa. So we are thinking if it's possible for me to get into the us with my B2 visa and apply for an IR visa afterwards in the us instead of doing it in china? If it's possible, should I be regarded as spouse outside us or spouse in us? Is there anyone here who can help me? Thank you a million times!

[Operator 1,927]

A couple of things to consider here. On your visitor visa the longest permitted entry into the US is 6 months (If the immigration officer will grant it). If your husband petitions your IR-1 from the US you will have to go back to have your interview in Guangzhou and that will be longer than 6 months from when he files. Direct consular filing is normally a little faster so you will want to look into that also, either way you will have to interview in Guangzhou.

Do some research here on how long each route is taking.

Good luck!

[Anh map 2,098]

So what will you do at the immigration area if you are denied entry? Or are asked the reason for your trip? Relocating to the US isn't what a visitor visa allows. Being untruthful isn't wise either.

You don't have to go with him. No doubt it is musch easier for your family if you do so. But it's not an insurmountable obstacle. You and the child could remain in China while the visa is processing. It doesn't matter that your child is a US citizen (assuming that is the case). Dads can take care of children.

So do some reading here. Get a sense of the potential downsides and inconveniences. Evaluate your options and move forward. Understanding all the possible outcomes will helpyou and your spouse prepare.

Best of luck.

[aaron2020 11,651]

My husband (us citizen) and I (Chinese citizen)have been married for 5 years. We currently live in shanghai, china. Last month he found a job in boston and we need to move there this month. Obviously, it will not be enough time for me to apply for an IR visa in china if I want to go to the us with him this month. But at the same time I have to do so because we have a three year old son who needs me to take care. I have a ten yea B2 visa. So we are thinking if it's possible for me to get into the us with my B2 visa and apply for an IR visa afterwards in the us instead of doing it in china? If it's possible, should I be regarded as spouse outside us or spouse in us? Is there anyone here who can help me? Thank you a million times!

It's immigration fraud to use a visitor visa to enter the US with the intent to stay.

Your husband can file the I-130 in China.

You can use the visitor visa to visit the US.

You will need to return to China to get your visa.

That's the legal way.