Confused on filing i130/i485 (Merged)

[chioparis 15]

I am helping my cousin and her husband file for her the i130 and i485, they are married,  she entered the US with a tourist visa and wants to adjust status while in the US.  This is how I successfully immigrated my husband

 

But then I saw the guide in visa journey: https://www.visajourney.com/guides/i130-spouse-inside-usa/

 

And it clearly states not to file while she is living in the US... is it just extra precaution?? Doesn't everyone file this way?

 

Edited August 25, 2023 by Crazy Cat

[Daphne . 1,852]

This message means that one shouldn’t use a tourist visa to enter the US with the intent to adjust status, because that is a no-no
 

No, not everybody moves to the US by using a tourist visa to enter and then file for an adjustment of status. The ‘proper’ way to do it is to file for a K1 or CR1.

[nastra30 2,284]

5 hours ago, chioparis said:

Doesn't everyone file this way - No, that's not proper way if that was the intent before she entered the US. Those who file this way are gaming the system. 

Anyhow, she's in the US now so they can go ahead and adjust.

Edited August 17, 2023 by nastra30

[Crazy Cat 41,812]

***Topic moved from IR-1/CR-1 Procedures to Adjustment of Status from Work, Student, or Tourist Visas***

Edited August 17, 2023 by Crazy Cat

[chioparis 15]

I am helping my cousin with her i485 and i130.  She lives in border towns (El Paso/Ciudad Juarez).  She has a rental in ciudad juarez, and her USC husband lives in El Paso TX, she goes back and forth with a B1/B2 visa.   I wanted to pick your brains on some things:

>Does she need to settle down in El Paso without crossing into Juarez for a reccomended # of days /months before sending i484 and i130?

>When she does decide to settle down in El Paso - does she need to request an i94 permit?  She currently doesnt have one because she doesnt travel outside of the border town of El Paso.

Thank you in Advance for answering my question.

[Crazy Cat 41,812]

She needs to actually live only in the US to file an I-485 package. She can't legally file an I-485 if she lives outside the US.  Once she files the I-485, she can't leave the US at all without an approved advance parole document or a Green card.

Edited August 25, 2023 by Crazy Cat

[Crazy Cat 41,812]

****Similar Topics merged****  Please keep relative questions in this thread**

-VJ Moderation-

[SalishSea 17,801]

On 8/25/2023 at 11:24 AM, chioparis said:

I am helping my cousin with her i485 and i130.  She lives in border towns (El Paso/Ciudad Juarez).  She has a rental in ciudad juarez, and her USC husband lives in El Paso TX, she goes back and forth with a B1/B2 visa.   I wanted to pick your brains on some things:

>Does she need to settle down in El Paso without crossing into Juarez for a reccomended # of days /months before sending i484 and i130?

>When she does decide to settle down in El Paso - does she need to request an i94 permit?  She currently doesnt have one because she doesnt travel outside of the border town of El Paso.

Thank you in Advance for answering my question.

This is FRAUD.   She needs to be properly petitioned for an immigrant visa.   No one on VJ will dispense advice on how to commit immigration fraud.