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I am a US citizen and I married a person from Central America in January 2004. We married in Central America. She recently applied for a B2 tourist visa and was, amazingly, approved. I am listed as the person she will be visiting on her B2 Visa application. Assuming she comes to visit and is allowed to enter the US, at the port of entry, can we file the I-130/I-485 petitions when she arrives. Also, we have not filed any paperwork for the I-130 spousal visa.
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No, no, no. It is a violation of the conditions under which the B-2 was granted to enter the US intending to file for AOS (adjustment of status). That's because the B-2 is a *non*-immigrant visa. And there's no way the CIS is going to believe you ever intended anything otherwise, so you will get slapped hard for "visa fraud".
Yes, it's amazing that she got the B-2. Did she tell the consulate that she was married to a USC?
And regardless of the B-2, the Department of Homeland Security (DHS) border inspector is likely to refuse her entry anyway if he knows she's married to a USC, and put her on the next plan back to Columbia. And if she lies to him in response to any direct questions, that could possibly come back to haunt you.
Good luck,
JoeLast edited by Guest; 09-28-2005, 02:05 PM. -
Thanks
Yes she told them I am her husband and that the purpose of the visit is to see me. In fact, the visa states just that i.e. purpose of trip; to see spouse.
Thanks for your reply. I have to agree with your comments.Comment
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