adjustment of status or (just) I-130 which is better??

[working_hubby]

hi, this is my situation:
i have a multi b1/b2 still valid. my wife and i had a simple court marriage in us (my wife has LPR but can apply for N400). because of work and a bigger wedding already planned (outside u.s.) i have to leave. we checked with an attrny, suggested that my wife should apply for i-130(cr1) before applying for n400 so as it will be processed in parallel and just update her status as usc i.s.o lpr after taking oath. (but i heard cases where n400 are taking so long so im hesitant to this approach. at least i can still visit her if her n400 take a long time)

if she did not apply the i-130 for me yet can i enter the us to visit her assuming she take oath before the big wedding, am i eligible for an adjustment of status(just in case)?

[PraetorianXI]

You can not enter the USA with a visitor visa with the pre-conceived intent to file an I-485.

The best bet for you is have your wife file an I-130 for you. She must file for her N-400 too. The I-130 approval will come before the N-400. Once the N-400 is approved, then she can upgrade the petition and you need to get an immigrant visa at your local embassy.

It will be very hard for you to enter the USA once an I-130 has been filed for you with a visitor visa.

[working_hubby]

Hi PraetorianXI,

Thanks & I understand.

But if my intent is only to visit her, can I use my B1/B2 then?

Regards

[PraetorianXI]

Once an I-130 has been filed for you, you have demonstrated immigrant intent. It will be very hard for you to enter the USA with any non-immigrant visa (other than H and L visas).