Can we apply for Adjustment of Status? Spouse of LPR. Help please.

[Pssol 3]

Hello everyone,

 

Its been a while since I posted here, It has been a long journey for me and my wife. To give a background, I filed my petition (f2a spouse of LPR) for her last Feb 2020, our I30 got approved May 2022, we got DQ'd July 2022, we are just waiting for the interview schedule in Manila, but looking at the timelines I am worried that this might take another year or so due to the huge backlog in the Philippines.

 

I will be visiting Manila this January and planning to take my wife with me so she could stay for 2-3 months in the US (She has a US tourist visa valid until 2029). The thing here is we don't want to be separated for a long time anymore it has been a long 2+years and we're not getting any younger.

 

Question is, since our i-130 is already approved and we are just waiting for an interview, assuming we don't get an interview schedule by this year, if she visits here this coming January can we file for an adjustment of status? Is this possible or even a wise decision? I've been reading different things, I am hoping to get facts from people with the same experience.

 

Hope to hear from you guys!

 

Thanks

[Vickys_Mom 225]

She can't enter the United States on a tourist visa with the intent to stay and adjust status.  A tourist visa is for visiting the United States and leaving.

 

Regards,

Vicky's Mom

 

 

[Pssol 3]

2 minutes ago, Vickys_Mom said:

She can't enter the United States on a tourist visa with the intent to stay and adjust status.  A tourist visa is for visiting the United States and leaving.

 

Regards,

Vicky's Mom

 

 

I know this is true, and the original purpose of travel is just to visit for a couple of months, just like she has visited me 2 times in the past 2years, and of course you wouldn't tell a cbp officer of that intent. but what if we decide to file for AoS during her stay? Is this possible?

[Daphne . 1,869]

No you can’t do this because this is immigration fraud. Everybody here will tell you that, period.

 

The original purpose to me reads: to visit and adjust status. 
 

 

 

Edited July 24, 2022 by Daphne .

[Pssol 3]

1 minute ago, Daphne . said:

No you can’t do this because this is immigration fraud. Everybody here will tell you that, period.
 

 

 

I understand that's why I was asking for enlightenment, since I can see options for Tourist Visa to apply for AoS, even the Discussion Forum is titled as it is "Adjustment of Status from Work, Student, & Tourist Visas". Also looking at the I-485 form it has a field asking what type of visa you have and who is your relative (us citizen, LPR etc). That's why I'm confused with the AoS process.

[Daphne . 1,869]

6 minutes ago, Pssol said:

I understand that's why I was asking for enlightenment, since I can see options for Tourist Visa to apply for AoS, even the Discussion Forum is titled as it is "Adjustment of Status from Work, Student, & Tourist Visas". Also looking at the I-485 form it has a field asking what type of visa you have and who is your relative (us citizen, LPR etc). That's why I'm confused with the AoS process.

Adjustment of status is possible for people whose plans (truly) changed and decided to stay in the US after getting married. Again, they truly only wanted to visit and the marriage was a ‘spur of the moment’ kind of thing. They also would’t have to omit any kind of info (I am referring to the part where you say that you “will of course not tell CBP about that intent”) if asked about the purpose of their trip

Edited July 24, 2022 by Daphne .

[arken 4,197]

19 minutes ago, Pssol said:

2years, and of course you wouldn't tell a cbp officer of that intent. but what if we decide to file for AoS during her stay? Is this possible?

What you do is up to you but no sane person here will advise you to do so.

 

If you hit a car with you car by accident you may get a citation but don't go to jail but if you plan to hit that car way beforehand, you go to jail. Nobody will advise you to hit the car with that intent even if you wouldn't tell the responding cop the intent.

 

Edited July 24, 2022 by arken

[Pssol 3]

1 minute ago, arken said:

What you do is up to you but no sane person here will advise do to do so.

 

If you hit a car with you car by accident you may get a citation but don't go to jail but if you plan to hit that car way beforehand, you go to jail. Nobody will advise you to hit the car with that intent even if you wouldn't tell the responding cop the intent.

 

Ok, so this is illegal then, this clears it up, I wouldn't do anything to jeopardize our 2+ years of wait considering we are just waiting for an interview. That's why I was asking here if this is even possible since the group is titled "Adjustment of Status from Work, Student, & Tourist Visas"  why would this group be titled this way if tourists applying for AoS is illegal, just curious.

[Daphne . 1,869]

1 minute ago, Pssol said:

Ok, so this is illegal then, this clears it up, I wouldn't do anything to jeopardize our 2+ years of wait considering we are just waiting for an interview. That's why I was asking here if this is even possible since the group is titled "Adjustment of Status from Work, Student, & Tourist Visas"  why would this group be titled this way if tourists applying for AoS is illegal, just curious.

See my previous post for the answer to that question. Only possible if plans suddenly changed while the person is already in the US.

[Pssol 3]

1 minute ago, Daphne . said:

See my previous post for the answer to that question. Only possible if plans suddenly changed while the person is already in the US.

got it, sorry didn't see your post before the other post.

[Daphne . 1,869]

Just now, Pssol said:

got it, sorry didn't see your post before the other post.

No worries! 

[Pssol 3]

Just now, Daphne . said:

No worries! 

oh, I stated "you wouldn't tell the cbp" since it's always been a visit purpose for her, she would always intend to comeback since my wife has a stable job and good career back home. We we're just looking for possible options, but if this route will jeopardize all our sacrifices, then this won't be part of it. Thank you for your thoughts!

[arken 4,197]

 

 

41 minutes ago, Pssol said:

She has a US tourist visa valid until 2029)

The only thing i can say she she can travel to visit US without any immigrant intent on her existing tourist visa contingent upon CBP's discretion. 

[Ontarkie 14,231]

~~Thread locked to further replies. As members has pointed out planning to AOS prior to entry is Immigration Fraud and the OP now knows that it is.~~