Apply for Adjustment of Status while in U.S. on B-2 Visa?

[mam521 2,062]

3 minutes ago, fusion58 said:

 

Yeah, that much is already clear.

 

The purpose of my queries, in case it's not obvious, is to seek clarification re: the rules.

Yes, and one of the TOS here is frowning upon immigration fraud.  No one is going to suggest ways to commit immigration fraud.  They are going to advise just the opposite. 

 

Many members here have seen full journeys play out where things aren't caught initially, but then someone tries to naturalize and can't due to missteps.  Everyone here is trying to help you and your partner LEGALLY reunite without future issue.  We see the bigger picture while you're just looking at how you can quickly be together.  Marriage is supposed to be a lifetime deal - this is essentially 2 years out of the rest of your life, or you can misstep and make it many, many years of the rest of your life.  Your choice. 

[pushbrk 12,876]

32 minutes ago, Boiler said:

The approval date of the I 130 is irrelevant to your question, so taking that out we are left with

 

Again, my question is "if she's in the U.S. as a visitor, then can she apply for an adjustment of status at that point, or no?"

 

She can not use a non immigrant visa to immigrate. Hope this is clear.

 

 

Your statement is clear but not correct under the circumstances. She's already here.  If circumstances change, she can adjust status.  The applicable differentiating fact has to do with her intent when she entered.

 

No, you cannot enter as a visitor with the intent to immigrate. She is HERE already.

[pushbrk 12,876]

Just now, mam521 said:

Yes, and one of the TOS here is frowning upon immigration fraud.  No one is going to suggest ways to commit immigration fraud.  They are going to advise just the opposite. 

 

Many members here have seen full journeys play out where things aren't caught initially, but then someone tries to naturalize and can't due to missteps.  Everyone here is trying to help you and your partner LEGALLY reunite without future issue.  We see the bigger picture while you're just looking at how you can quickly be together.  Marriage is supposed to be a lifetime deal - this is essentially 2 years out of the rest of your life, or you can misstep and make it many, many years of the rest of your life.  Your choice. 

I clarified the rules applicable to the stated circumstances.  The rules vary with the circumstances.

[fusion58 0]

1 minute ago, mam521 said:

Yes, and one of the TOS here is frowning upon immigration fraud.  No one is going to suggest ways to commit immigration fraud.  They are going to advise just the opposite. 

 

Many members here have seen full journeys play out where things aren't caught initially, but then someone tries to naturalize and can't due to missteps.  Everyone here is trying to help you and your partner LEGALLY reunite without future issue.  We see the bigger picture while you're just looking at how you can quickly be together.  Marriage is supposed to be a lifetime deal - this is essentially 2 years out of the rest of your life, or you can misstep and make it many, many years of the rest of your life.  Your choice. 

 

Re: Bold:

 

Again, why do you assume that's what I'm asking for?

 

Why is seeking clarification re: the rules read as some sort of statement of intent to commit fraud?

[belinda63 3,038]

If she is already in the US and she had no intent to remain when she arrived she can file to adjust status.

Remember she will not be able to leave and return to the US until advance parole is received and she cannot work until she received her employment authorization. Expect around 8-9 months wait for these. 

[fusion58 0]

6 minutes ago, pushbrk said:

Your statement is clear but not correct under the circumstances. She's already here.  If circumstances change, she can adjust status.  The applicable differentiating fact has to do with her intent when she entered.

 

No, you cannot enter as a visitor with the intent to immigrate. She is HERE already.

 

What kinds of changes in circumstances are considered valid under such conditions?

 

And thanks for the attempt at a helpful response.

[beloved_dingo 1,976]

55 minutes ago, fusion58 said:

 

What kinds of changes in circumstances are considered valid under such conditions?

 

And thanks for the attempt at a helpful response.

The "change in circumstances" is simply that she arrived as a visitor and intended to return home, but then decided to adjust status and stay in the U.S. instead.

 

You are getting touchy answers because it was not clear at first whether she was already in the U.S. or not. Since she was already admitted to the U.S. and is still in the U.S., yes she can adjust status. 

 

If she was not already in the U.S., then using a tourist visa and intending to adjust status is fraud and anyone contemplating doing this is basically just trying to jump the line instead of doing things correctly.

 

As already mentioned, make sure she is very aware of the restrictions (no work and no travel outside of the U.S. for quite awhile) and that she is okay with that. If she has anything she needs to wrap up in her home country (sell property, retrieve belongings, get her pets, etc.) then it is not really a good idea to adjust because she will not be able to go back home to do those things for an extended period. If these things don't apply and she is on board, then file ASAP to get the process going. 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum -- topic is about AOS for spouse (of USC) currently in the US ***

 

[manyfudge 291]

1 hour ago, fusion58 said:

What kinds of changes in circumstances are considered valid under such conditions?

 

I have a vivid imagination.

 

Say she has a B1/2 visa and has a planned 3 week trip.

 

I have vivid imagination.

 

On the day before she leaves:

1) she gets into a bad car accident.  She is in a coma for 6 months.  She wakes up after her i94 expiry date.

She needs extensive rehab.  Totally fine to file i-485 regardless of whether i-130 approved.

2) she has a sharp stomach pain - goes to ER.  Finds out she is already 20 weeks pregnant with triplets.

No way to deliver without overstaying visa.  Totally fine to file i-485.

 

OR reverse the situation

1) YOU get in a bad car accident and are in a coma.

 

There are a million and one things that can happen.

 

Edited September 19, 2023 by manyfudge

[Boiler 45,467]

4 hours ago, fusion58 said:

My foreign spouse currently has an I-130 application, which was submitted (online) while in her home country, in process.

 

If my wife is visiting the U.S. on a B-2 visa when the I-130 is approved, then can she apply for an adjustment of status (I-485) so as to avoid having to return to her home country to complete the green card application process?

Outside the US.

[JohnnyForeigner 35]

Whether or not it is legal to adjust status depends on the intent at point of entry.

 

Filing a form I-130 is a clear indication that you want to live in the US. 

 

Link that to coming to the US and suddenly deciding to AOS ?

 

USCIS could argue that you made your plans to live in the US known as soon as you filed the I-130. 

[Chancy 6,241]

*** Thread locked to further comment.  OP has received sufficient advice about the legal options for a spouse of USC with pending I-130.  Thread has run its course and moved towards a discussion that could imply ways to commit fraud.  Reminder that this site's Terms of Service, that all members agreed to upon signing up, prohibits posts that "Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

 

Do not restart this thread, or import this topic into other threads. -- VJ Moderation ***