AOS being in US by F2A person

[den&nina 0]

Hello everybody, i'm sorry for my english, but I'll try to ask)

So, my wife is a green card holder, i have B1\B2 visa. In deсemder we'll enter US, and I think I can ligalli stay in US for 6 months. In first days my wife will feel and send I-130 on me. F-2A Visa Timelines on this sites tells that Notice of Approval for my country is about 3-5 months.

1. After we receive approval of I-130 can i feel and send I-485 to adjust my status (+ I765) and be ligal to stay and wait green card in US? OR when I can feel and send 485?

2. If time, 6 months of ligal stay (visa b1\b2), is to short to begin feeling and sending I485 how can I stay in ligal in US? prolong B1\B2 or change to F1 (language classes not full time)?

Thank you very much if anyone answer

[Kastrs 723]

It is fraud to enter the US on a visit visa with the intent to adjust status

[Ben&Zian 4,398]

As above, the purpose of the B1/B2 visa is for visiting/tourism and even business; but it is not for entering the country and staying.

With what you have outlined, you will commit visa fraud.

I am unsure of if a green card holder(your wife) can file for you; but she would need to file for a CR-1 visa(spousal visa).

Other members here can help with that answer.

[den&nina 0]

It is fraud to enter the US on a visit visa with the intent to adjust status

For example when I go to the US, I don't think about adjust status? And in the US we chang mind

[JenniferNangel 137]

For example when I go to the US, I don't think about adjust status? And in the US we chang mind

Only spouses of USC can adjust status what your planning to do is fraud and illegal

[Ben&Zian 4,398]

OP, did you just apply and receive the B1/B2 visa? Or have you had it?

Either way, did you, on the application state your wife lives in the US?

[Kastrs 723]

For example when I go to the US, I don't think about adjust status? And in the US we chang mind

You are clearly not changing your mind when you get to the US, because you are asking about it now

Once again what you are planning is not possible (your wife is a GC holder) and it is fraud to pre-plan

Please read the guides and learn how to do this the proper way

[kzielu 1,149]

Beside it being fraud, you will not be eligible for adjustment of status until priority date is current. If if you overstay your visa, you will be ineligible even when your priority date is current. This plan is not going to work.

[den&nina 0]

Only spouses of USC can adjust status what your planning to do is fraud and illegal

from uscis.gov

Who May File form 485

1. Based on an immigrant petition

you may apply to adjust your status if:

A. An immigrant visa number is immediatly available to you .... (its for USC spouses)

B. You are filing this filing this application with a comleted relative petition, ...... if approved (its for GC holder's spouses)

or am I mistaken?

[den&nina 0]

OP, did you just apply and receive the B1/B2 visa? Or have you had it?

Either way, did you, on the application state your wife lives in the US?

I allredy had it

Yes, she lives in US

[JenniferNangel 137]

from uscis.gov

Who May File form 485

1. Based on an immigrant petition

you may apply to adjust your status if:

A. An immigrant visa number is immediatly available to you .... (its for USC spouses)

B. You are filing this filing this application with a comleted relative petition, ...... if approved (its for GC holder's spouses)

or am I mistaken?

You have a approved application?? Your still doing fraud and just remember we have a new president stepping into office in Jan who plans to change America for the better you are going to do what you want but just remember there are consequences for breaking the law.

Also just because you have a visa doesn't guarantee entry. Only a USC is guaranteed entry ? %

[Ben&Zian 4,398]

Did you state that she lived there on the application for the tourist visa??

[den&nina 0]

Did you state that she lived there on the application for the tourist visa??

No she's GC holder, and lives in US part time

[SunflowerSweet 1,321]

Only spouses of USC can adjust status what your planning to do is fraud and illegal

You're wrong about only citizens being able to adjust status. It takes a while longer since spouses are in the 2nd preference category for visa numbers in this situation but it's not impossible.

https://www.uscis.gov/family/family-green-card-holders-permanent-residents

It is fraud however as many before you have said. Still, not good to spread misinformation.

[Ben&Zian 4,398]

Regardless, to the OP, as has been stated, what you're asking about doing is the literal definition of visa fraud.

No one here would recommend doing what you are apparently intending to do.