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  • Adjustment of Status on Visitor Visa

    I already have a visitor visa for 10 years (United States). My wife has already filed my petition (I-130) for Green Card. She is a permanent resident of United States. I am planning to visit United States next year based on my visitor visa. Can I file adjustment of Status, once I reach United States on visitor visa?

  • #2
    You can adjust status from visitor visa, but that doesn't mean you can enter the US on visitor visa with preconceived intent to adjust status during that stay. The officer is required to deny your entry if they suspect that is what you will do and having a pending I-130 will help your case. I think is better to complete your process outside the USA.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      Originally posted by as108337 View Post
      I already have a visitor visa for 10 years (United States). My wife has already filed my petition (I-130) for Green Card. She is a permanent resident of United States. I am planning to visit United States next year based on my visitor visa. Can I file adjustment of Status, once I reach United States on visitor visa?
      Consult an immigration lawyer on your plans. I suspect that if you declare to immigration officer on arrival that your wife is a permanent resident and that she has a petition for Green Card pending for you, your entry may be denied. Your plan to file for AOS sounds confusing because you cannot file on the basis of your existing I-130 from your wife, you have to wait out the result of the I-130 and an AOS is not required. In my personal opinion, just come and say you are visiting.

      Cheers

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