Living in U.S. on B2 Visa While Starting CR1?

[Chris & Cristina 0]

Hi Everyone!  My wife is currently here on a B1 Tourist Visa.  She has been with me for a week now and we are about to start the CR1 Process (yes, I know it's overdue).

 

Question is, when filling out the I-130 form, under Part 4, #46 (Beneficiary's Entry Info), will entering her class of admission (B2) and Departure #on I-94 form be an issue?  Should I use my physical address as her current address?  Should I just omit this info altogether just to be safe or sure?  Also, should this be the same for I-130a (current address)?

 

Thanks for you help!

 

Chris & Cristina

 

 

 

[acidrain 325]

I presume you are filing abroad for your wife. Why would you not use her address back home? How long is she planning on staying in the US?

Edited January 30, 2018 by acidrain

[JFH 12,191]

She is not allowed to "live" with you whilst on a B-2. She is visiting. To be admitted as a tourist she must have satisfied CBP that she has not abandoned her residence back home. Use her address in Mexico. Unless you are filing for adjustment of status. 

[Chris & Cristina 0]

That's what I was thinking. 

 

What are the chances that CBP or USCIS find out that she is here? 

[acidrain 325]

27 minutes ago, Chris & Cristina said:

That's what I was thinking. 

 

What are the chances that CBP or USCIS find out that she is here? 

If she entered legally CBP would know when she entered and the fact she hasn't left. What did customs stamp in her passport?

 

You must declare previous visits on the DS 260 during the CR1 process. They look at how much time was spent in the US. How long were you planning on having your wife with you?

Edited January 30, 2018 by acidrain

[Chris & Cristina 0]

Quote

She has her permit for 6 months and her travel visa.  Her MX passport wasn't stamped.