Spouse Visa from B2 Tourist Visa

[jayni 0]

Hi 👋🏻 

I’m back after almost two years! 

 

I had posted before when I working on the K1 Visa for my husband. 

 

But because of the length of the time we were expected to wait besides what we had already waited, we decided to reconsider living in his home country and send a letter to USCIS to withdraw our pending application. 

 

But currently my dad is undergoing cancer treatment and would like to move back to the states as soon as possible (if possible December 2024).

 

Does anyone have experience with applying for their spouse’s visa from a tourist visa (B2) by doing an adjustment of status? 

Would having previously applied for different visa (K1) affect any future applications? 

 

Would really appreciate any insightful information and feedback! Thank you! 

 

-Jayni, couple in Japan

[appleblossom 2,476]

2 minutes ago, jayni said:

Hi 👋🏻 

I’m back after almost two years! 

 

I had posted before when I working on the K1 Visa for my husband. 

 

But because of the length of the time we were expected to wait besides what we had already waited, we decided to reconsider living in his home country and send a letter to USCIS to withdraw our pending application. 

 

But currently my dad is undergoing cancer treatment and would like to move back to the states as soon as possible (if possible December 2024).

 

Does anyone have experience with applying for their spouse’s visa from a tourist visa (B2) by doing an adjustment of status? 

Would having previously applied for different visa (K1) affect any future applications? 

 

Would really appreciate any insightful information and feedback! Thank you! 

 

-Jayni, couple in Japan

 

Your husband can't move on a B2 visa. Entering as a visitor if you intend to adjust status and stay is immigration fraud. 

 

Your only option would be to petition him for a spouse visa. 

 

Good luck. 

[Crazy Cat 41,833]

**Moved to AOS from Work, Student, and Tourist Visas***

[SalishSea 17,819]

3 hours ago, jayni said:

Hi 👋🏻 

I’m back after almost two years! 

 

I had posted before when I working on the K1 Visa for my husband. 

 

But because of the length of the time we were expected to wait besides what we had already waited, we decided to reconsider living in his home country and send a letter to USCIS to withdraw our pending application. 

 

But currently my dad is undergoing cancer treatment and would like to move back to the states as soon as possible (if possible December 2024).

 

Does anyone have experience with applying for their spouse’s visa from a tourist visa (B2) by doing an adjustment of status? 

Would having previously applied for different visa (K1) affect any future applications? 

 

Would really appreciate any insightful information and feedback! Thank you! 

 

-Jayni, couple in Japan

You cannot do that, it’s fraud.  

Get started on filing a petition for consular processing.  

 

 Your  husband will not have an immigrant visa by December.   These things take some planning.

[beloved_dingo 1,976]

As others have said, using a tourist visa with intent to immigrate and adjust status is fraud. 

 

At this point I would go ahead and file an I-130 for your spouse ASAP. Then, if your spouse already has a valid B2, he can visit you in the U.S. after your return to the U.S. in December 2024. Admittance would still be subject to CBP's discretion. He would have to return to Japan before his authorized time in the U.S. ends (could be up to 6 months I believe but CBP may give him less time than that). 

 

Either you wait in Japan for a year+ for the I-130 process, or you go to the U.S. knowing that your spouse can only visit you until he gets his immigrant visa.