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Already submitted I-130, want to enter on B1 and change status

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  • Already submitted I-130, want to enter on B1 and change status

    Hi Everyone!
    Im a US Citizen (34 Years Old) and my wife is Ecuadorian. We have been married for almost 9 years and have lived together in Ecuador during this time. She has had a B1/B2 Visa and has visited (without any issues) the US several times.
    In June 2017 we submitted an I-130 with plans to obtain residency and relocate to the States. I just got a nice job offer and according to processing times, they wont have processed her I-130 for several months from now. I will most definitely lose the job if we wait that long.
    My question: Since we have already submitted an I-130, would that prevent us from being able to change her status if we all traveled together, her using her B1/B2 Visa? Maybe having already submitted an I-130, maybe that would speed up the process for changing her status from B1/B2 to a Green Card?
    Since this I-130 is taking alot longer than expected, we are thinking that maybe just going to the US together and changing her status would be easier. Im just not sure how having already submitted an I-130 could change the process.
    Thanks!

  • #2
    Originally posted by themudd2001 View Post
    Hi Everyone!
    Im a US Citizen (34 Years Old) and my wife is Ecuadorian. We have been married for almost 9 years and have lived together in Ecuador during this time. She has had a B1/B2 Visa and has visited (without any issues) the US several times.
    In June 2017 we submitted an I-130 with plans to obtain residency and relocate to the States. I just got a nice job offer and according to processing times, they wont have processed her I-130 for several months from now. I will most definitely lose the job if we wait that long.
    My question: Since we have already submitted an I-130, would that prevent us from being able to change her status if we all traveled together, her using her B1/B2 Visa? Maybe having already submitted an I-130, maybe that would speed up the process for changing her status from B1/B2 to a Green Card?
    Since this I-130 is taking alot longer than expected, we are thinking that maybe just going to the US together and changing her status would be easier. Im just not sure how having already submitted an I-130 could change the process.
    Thanks!
    She is likely to be denied entry on B visa if they suspect she might want to do Adjustment of Status in the US during her stay. This is true regardless of whether she is the beneficiary of an I-130 or not, but having an I-130 filed for her, in addition to having a US citizen spouse who intends to stay in the US, makes it all that more likely they will suspect it.

    This is my personal opinion and is not to be construed as legal advice.

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