Pls Help, AOS after entering US on B2

[jango]

Hi

Let me start my query by stating that i do hold a valid 10 year Multiple entry B1/B2 Visa and have visited the US 4 times before and have always returned home before the expiry of my I-94.

Couple of months back i got married to a US Citizen and after our wedding, which happened in India my wife left for the US and have filed for my immigration ( Read I-130 ). I have also received the acknowledgment number from USICS and when i track it in the USCIS website it tells me that my status is under Initial review.

As i do hold a valid visa to the US i would want to check with Senior members here if i could legally move to the US on B2 and later after reaching US, could i go for Adjustment of my Visa. Would the adjustment be legal ?? and can it done be quickly ?? Is there any drawback of doing so or should i wait for consular processing ??

I would really appreciate if you could guide me accordingly.

Thanks

Jango

[bkwld]

B-2 is a tourist visa. Your intent is different.

[jango]

B-2 is a tourist visa. Your intent is different.

Thanks bkwid, that's precisely why i want to know if its possible/LEGAL to adjust the visa to a PR after reaching US on visit.

[hotelier73]

More to go!

I-130 isn't the only form your spouse has to file, there are other forms as well. please read this link and you will get more info about the process.

https://www.immihelp.com/family-based-greencard/persons-in-us.html

[VGJ]

if your intent is to immigrate, it is illegal

If your intent upon entering the US on a B2 is to adjust your status after arrival, then what you are doing is illegal and could result in a ban. You would have to prove that you did not intend to immigrate when you entered, but since you have stated that is your intent, you would be lying and that is never good to do to USCIS.

If your wife is a USC, then you should probably just go ahead and wait for the process to be complete in your country. It's hard, I know, but it is probably the safest thing to do.

Having said all this, my husband and I made an infopass because we were afraid he would be suspected of intent to remain if we filed AOS. This was not his intent, but how do you prove a negative? The official at USCIS didn't seem to think this was a problem.

It is not stated on USCIS documents, but if you do a search of this question, you will find that spouses of USCs can "overcome" this "negative" in the process.

[jango]

I-130 isn't the only form your spouse has to file, there are other forms as well. please read this link and you will get more info about the process.
https://www.immihelp.com/family-base...ons-in-us.html

Thanks Hotelier, i will go through that in details.

If your intent upon entering the US on a B2 is to adjust your status after arrival, then what you are doing is illegal and could result in a ban. You would have to prove that you did not intend to immigrate when you entered, but since you have stated that is your intent, you would be lying and that is never good to do to USCIS.

If your wife is a USC, then you should probably just go ahead and wait for the process to be complete in your country. It's hard, I know, but it is probably the safest thing to do.

Having said all this, my husband and I made an infopass because we were afraid he would be suspected of intent to remain if we filed AOS. This was not his intent, but how do you prove a negative? The official at USCIS didn't seem to think this was a problem.

It is not stated on USCIS documents, but if you do a search of this question, you will find that spouses of USCs can "overcome" this "negative" in the process.

Thanks VGJ, i get your point. I guess like you said i will wait for the consular processing rather than going for the AOS. Also there is an update on my case. My file has now moved from Initial Review to Post decision activity so i guess things shoud't take much long now .

Thanks a ton folks...