Can Wife Travel to USA on Tourist Visa to File Adjustment of Status?

[cjh234]

Quick inquiry to confirm I am understanding everything I have read here.

My Indian wife (married 2013) can travel to the USA on her valid 10 year tourist visa (expiring 2022) after graduating her PhD in Ireland. Upon arrival, we can file our I-130 and an I-140 (along with I-765 if she wishes to obtain temporary work permission) together which will allow her to stay in the United State while all the paperwork is reviewed for approval. She can do her interview and medical exam here in the US Is this correct?

What does she tell the immigration officers as for her purpose of visit when entering?

Would she have to travel to a larger city than Nashville for the interview, her medical exam done or to finalize the green card and Social Security card?

Thank you for helping me sort all this out in my head.

[azblk]

Entering the US to adjust status is not allowed and if the CBP thinks she is here to adjust status she will not be allowed in. How long does she have until she finishes her PHD? If there is a year or so you file for her now and choose consular processing, that is the safest and most straight forward way to go.

[kaylip]

If she tells the CBP Officer she's visiting the US to see her husband they will become very suspicious. The B2(tourist) visa is a multiple entry visa. It's considered visa fraud if she comes to the US to adjust status. The best thing to do is to apply for a spousal visa, which almost never gets denied...at lest I've never heard of such cases. The cost will be less money and less headache to prove bona-fide marriage, unlike the Adjustment of status procedures. But if I were in your position I would opt to do it the right way. Less headache, less money, less anxiety for deportation.

[cjh234]

Consular processing?

Entering the US to adjust status is not allowed and if the CBP thinks she is here to adjust status she will not be allowed in. How long does she have until she finishes her PHD? If there is a year or so you file for her now and choose consular processing, that is the safest and most straight forward way to go.

Thank you for the reply. She has about a year left. Could she still come to visit me if we start the Spouse Visa process? She's been 3 times to visit me in TN and has never been rejected for saying she is coming to visit her husband. Have we just been lucky that no one stopped her?

We certainly want to do this the right way. I added her to my bank account and credit card several years ago and got her an ITIN so we can file taxes together, all to help with proving the legitimacy portion, so I want to take the next right steps.

What is consular processing?

[cjh234]

If she tells the CBP Officer she's visiting the US to see her husband they will become very suspicious. The B2(tourist) visa is a multiple entry visa. It's considered visa fraud if she comes to the US to adjust status. The best thing to do is to apply for a spousal visa, which almost never gets denied...at lest I've never heard of such cases. The cost will be less money and less headache to prove bona-fide marriage, unlike the Adjustment of status procedures. But if I were in your position I would opt to do it the right way. Less headache, less money, less anxiety for deportation.

Thank you for the detailed reply. I just posted again with some additional questions, but it sounds like we need to be going down the spousal visa route to save time, money and be on the right side of the laws.

[azblk]

Thank you for the reply. She has about a year left. Could she still come to visit me if we start the Spouse Visa process? She's been 3 times to visit me in TN and has never been rejected for saying she is coming to visit her husband. Have we just been lucky that no one stopped her?

she can come and visit. She just cant come with the intent of staying and adjusting status. She is however allowed to change her mind while she is here visiting her husband. If i was you i would file her i-130 right now. By the time she completes her program you will be well into the process.

What is consular processing?

When you file the i-130 you choose where visa process will take place basically if beneficiary is out of the country you choose consular and if in the US you choose what city you live in or nearest uscis field office.

[kaylip]

Because she has been returning and not overstaying her 6 months the CBP officer will see that she's been returning so she wouldn't have any problems if she continues to visit u.

[cjh234]

Because she has been returning and not overstaying her 6 months the CBP officer will see that she's been returning so she wouldn't have any problems if she continues to visit u.

This is great news to hear. We will begin the I-130 process and if it happens she wants to come visit and changes her mind to stay, we will then go ahead and file for adjustment with the I-140. Thanks for all the help here.