AOS & Tourist Visa

[AT111 0]

Once you file for AOS does that invalidate the Tourist Visa for travel?    My wife is here on a Tourist visa, and we have a business in her home country.   We did not plan on staying here, but now because of problems with my children looks like we need to stay.   Unfortunately she needs to travel back and check up on the business probably every 3 to 6 months.   So I was wondering if the Tourist visa can still be used for entry.   It is a 10 year, and we have traveled back and forth several times.   Currently we were spending about 5 months in the states with 4 to 6 week stays each time.

 

I know we can file for AP, and then can travel, but she may need to go back prior to receiving. 

[geowrian 22,338]

Invalidate? No. Is it likely she will be able to use it? No...filing for AOS means she wants to become an immigrant. Using a tourist visa requires non-immigrant intent.

Also, leaving the US without AP abandons the AOS application.

[AT111 0]

That is what I thought.  Just wanted to verify.  Thank you.

[geowrian 22,338]

Just to add to the above, it is fraud to enter on a tourist visa with intent to stay/AOS (per the "non-immigrant intent" requirement noted above). Once is allowed to file for AOS if already in the US on a tourist visa, but not enter with intent to do so.

[Roel 7,193]

1 hour ago, AT111 said:

Once you file for AOS does that invalidate the Tourist Visa for travel?    My wife is here on a Tourist visa, and we have a business in her home country.   We did not plan on staying here, but now because of problems with my children looks like we need to stay.   Unfortunately she needs to travel back and check up on the business probably every 3 to 6 months.   So I was wondering if the Tourist visa can still be used for entry.   It is a 10 year, and we have traveled back and forth several times.   Currently we were spending about 5 months in the states with 4 to 6 week stays each time.

 

I know we can file for AP, and then can travel, but she may need to go back prior to receiving. 

 

Once she files for AOS she cannot leave the US until she receive AP or green card. If she does her AOS will be automatically denied. 

 

She can't use her tourist visa once she files the AOS. 

 

Sorry but cant have a cake and eat a cake. She either wants to become US resident or just remain a tourist. 

 

Also she cannot come to the US on tourist visa with intent to AOS.  That's a visa fraud. 

 

So she either file AOS and stay for good now or leave and then you have to file for spouse visa.