Foreign wife married abroad, visiting on B2 visa, adjustment of status?

[Timbits 2]

My wife is Chinese citizen and a Canadian permanent resident living and working in Canada, and she submitted application for Canadian citizenship and is waiting for the result. I am a US citizen currently studying in the US. We started dating when I was in Canada studying and then we ended up doing long distance when I moved back to the US. We recently got married in Canada but continued this long distance type marriage. 

 

She currently has a B2 visitor visa. Is it possible for her to enter the US on a visitor visa, and then later we submit I-130 and I-485 to adjust her status to a permanent resident of US so that we could be together soon (rather than going through the consular process which takes longer). I understand that the intent is important to immigration officer. My understanding is that as long as she entered the US with an intent to visit me or going on a vacation with me, and then later the "circumstances" changed, and we would like to settle and remain in the US permanently, it would be okay to go for this route. Am I understanding this correctly? 

[mushroomspore 3,044]

17 minutes ago, Timbits said:

My wife is Chinese citizen and a Canadian permanent resident living and working in Canada, and she submitted application for Canadian citizenship and is waiting for the result. I am a US citizen currently studying in the US. We started dating when I was in Canada studying and then we ended up doing long distance when I moved back to the US. We recently got married in Canada but continued this long distance type marriage. 

 

She currently has a B2 visitor visa. Is it possible for her to enter the US on a visitor visa, and then later we submit I-130 and I-485 to adjust her status to a permanent resident of US so that we could be together soon (rather than going through the consular process which takes longer). I understand that the intent is important to immigration officer. My understanding is that as long as she entered the US with an intent to visit me or going on a vacation with me, and then later the "circumstances" changed, and we would like to settle and remain in the US permanently, it would be okay to go for this route. Am I understanding this correctly? 

It would be illegal to do this in your case because you are planning ahead to go against the purpose of the tourist visa, which is only for temporary visits and not for immigration. If she was already in the USA and circumstances genuinely changed (ex: her Canadian job suddenly laid her off while she was visiting you or something like that), then adjustment of status is allowed. 

 

Also when CBP asks her for the purpose of her visit with her B2 visa, she would have to be honest and say, "Well we're planning on me staying and then adjusting status." Immediate denial of entry and other possible consequences. Don't do it. If you want her to move here permanently, then file for the spousal visa. (Typed too fast. You guys are already married so you can file for spousal visa right away)

Edited January 28, 2022 by mushroomspore

[Crazy Cat 41,855]

21 minutes ago, Timbits said:

My wife is Chinese citizen and a Canadian permanent resident living and working in Canada, and she submitted application for Canadian citizenship and is waiting for the result. I am a US citizen currently studying in the US. We started dating when I was in Canada studying and then we ended up doing long distance when I moved back to the US. We recently got married in Canada but continued this long distance type marriage. 

 

She currently has a B2 visitor visa. Is it possible for her to enter the US on a visitor visa, and then later we submit I-130 and I-485 to adjust her status to a permanent resident of US so that we could be together soon (rather than going through the consular process which takes longer). I understand that the intent is important to immigration officer. My understanding is that as long as she entered the US with an intent to visit me or going on a vacation with me, and then later the "circumstances" changed, and we would like to settle and remain in the US permanently, it would be okay to go for this route. Am I understanding this correctly? 

No.  Adjustment of status is not available to her.   This thread violates the terms of service here.

Edited January 28, 2022 by Crazy Cat

[Timbits 2]

Fair enough. We will stick to consular process

[SalishSea 17,829]

26 minutes ago, Timbits said:

My wife is Chinese citizen and a Canadian permanent resident living and working in Canada, and she submitted application for Canadian citizenship and is waiting for the result. I am a US citizen currently studying in the US. We started dating when I was in Canada studying and then we ended up doing long distance when I moved back to the US. We recently got married in Canada but continued this long distance type marriage. 

 

She currently has a B2 visitor visa. Is it possible for her to enter the US on a visitor visa, and then later we submit I-130 and I-485 to adjust her status to a permanent resident of US so that we could be together soon (rather than going through the consular process which takes longer). I understand that the intent is important to immigration officer. My understanding is that as long as she entered the US with an intent to visit me or going on a vacation with me, and then later the "circumstances" changed, and we would like to settle and remain in the US permanently, it would be okay to go for this route. Am I understanding this correctly? 

A word of advice:  do not ever(ever) lie to CBP.   Consequences can have far reaching effects, years later.

[TBoneTX 45,288]

1 hour ago, Timbits said:

Fair enough. We will stick to consular process

Thank you for acknowledging the right way to proceed.  Good luck to you both.

 

Because the question has been answered, and it (innocently) involved asking about illegal processes, this thread is closed to further comment.