Advice on AOS, I130, F2A/F2B

[bmd123 0]

Hi all,

 

After doing so much research but getting nowhere I have come across to visajourney for some help! I have a few questions hoping you guys can point me in the right direction.

 

Here is our background.

 

I'm a permanent citizen in the US and I filed for form I130 for my wife back in Early May this year, so far no updates. And my N400 application is due to complete in January 2020. I was wondering if my N400 goes through in January, and then I'll upgrade the petition, can my wife come and stay her 90 days then file for AOS ? She'll be arriving on ESTA. 

 

Many Thanks. 

[Dashinka 24,767]

18 minutes ago, bmd123 said:

Hi all,

 

After doing so much research but getting nowhere I have come across to visajourney for some help! I have a few questions hoping you guys can point me in the right direction.

 

Here is our background.

 

I'm a permanent citizen in the US and I filed for form I130 for my wife back in Early May this year, so far no updates. And my N400 application is due to complete in January 2020. I was wondering if my N400 goes through in January, and then I'll upgrade the petition, can my wife come and stay her 90 days then file for AOS ? She'll be arriving on ESTA. 

 

Many Thanks. 

The simple answer is no, you cannot plan ahead of time to commit immigration fraud by entering the US on a B2/ESTA and plan to stay and adjust. 

[bmd123 0]

6 minutes ago, Dashinka said:

The simple answer is no, you cannot plan ahead of time to commit immigration fraud by entering the US on a B2/ESTA and plan to stay and adjust. 

Sorry I did not realised that is not allowed, from what i found online, people do go through via AOS, I thought it was common practise. Thank you for letting me know.

Edited October 20, 2020 by bmd123

[Dashinka 24,767]

6 minutes ago, bmd123 said:

Sorry I did not realised that is not allowed, from what i found online, people do go through via AOS, I thought it was common practise. Thank you for letting me know.

It is legal to enter the US on a B2/ESTA with no intent to AOS, but life circumstances change such as meeting someone, getting married, etc., and in that case AOS is a legal option.  It is also legal to enter the US on a B2/ESTA with the intent to get married and leave the US to file the I130 later although a lot of people think this is illegal.  I know it sounds kind of grey, but the main point is intent upon entry.  Do people abuse this, I am sure they do, but in your case, you are on a social media site, so your mention of doing this ahead of entry into the US would constitute immigration fraud.

 

Good Luck!

[SteveInBostonI130 3,483]

Hi @bmd123

 

What others have said, plus:

 

Because the I-130 has already been filed, if your wife enters the US she would need tell CBP that she is just visiting.  If she tells them she wants to stay and AOS, they will deny entry and possibly place a bar.   If she does enter as a tourist and goea ahead and try to AOS, USCIS will review the entry notes and can determined she lied, deny the AOS and place a bar.

 

So, all sorts of wrong with what you are contemplating.