Can I add my husband to greencard application while he is holding B1 visa?

[CK2010]

My husband is visiting US in a B1 visa. May I add him into my I-485 (EB2)submission if my priority date gets current? I highly appreciate your answer.

[SKanaga]

I have posted same question in different forums and the answer I am getting is No.

[CK2010]

I have posted same question in different forums and the answer I am getting is No.

Do you get any further suggesion about how to solve this problem? I heard that you can only apply for a new visa after your current visa expires. My husband's current B1 visa won't expire until end of 2011. Can I submitt his I485 while he is outside US? Thanks,

[barbarajlw]

Do you get any further suggesion about how to solve this problem? I heard that you can only apply for a new visa after your current visa expires. My husband's current B1 visa won't expire until end of 2011. Can I submitt his I485 while he is outside US? Thanks,

No you can't submit a I-485 while out of the USA. Not sure what the story is here but you are obviously applying for permanent residency from? Can you fill us in on your story more please.

[lionofafrica]

Ineligibility/ denied application for asylum/ order of deportation

The answer is NO. you cannot visit USA on a B1 VISA if you have a qualifying family in the US, if your husband had declared the fact at the point of interview( the homeland USA embassy or High Commission) where he applied for the visa, he would have been denied and asked to go and apply for an immigrant visa. However if he should visit you in the US and decides to apply for adjustment he will be ineligible under section 212 (a)(b)(c) for misrepresentation and would be barred from the US for 10+x years. You cannot have an intent to immigrate if you are applying for B1/B2 VISA and in this case it will be very difficult to overcome the assumption of intent to Immigrate. If your husband must visit the US, I hope that he has not told the consular officer that issued his visa that he does not have a relative in US, if he had the best bet for him is to stay away from the US and reapply for an immigrant visa however if he has not answered in the negative or the question was never asked then he may visit USA and return to his country without over staying his visit visa and then apply for a CR1 visa, a fiancee visa and then return to the US permanently.
You may also visit the US on your B1 and then re-adjust at your own peril, however everything is luck in this world, what Mr. A did and got scot free Mr. B may do same or even less and get punished. AO( adjudication officers) are not equally knowledgeable some know more than others and some are Dove while others may be Hawk. Another way out is to pretend that your foreign marriage never took place, stay in the US for sometime reacquint yourself with your wife and then remarry her in the US( this is still fraud if caught but it is your best bet/chance if you are adamant about coming to America oh there America( America for the Americans).

Goodluck.
Lionofafrica

[barbarajlw]

The answer is NO. you cannot visit USA on a B1 VISA if you have a qualifying family in the US, if your husband had declared the fact at the point of interview( the homeland USA embassy or High Commission) where he applied for the visa, he would have been denied and asked to go and apply for an immigrant visa. However if he should visit you in the US and decides to apply for adjustment he will be ineligible under section 212 (a)(b)(c) for misrepresentation and would be barred from the US for 10+x years. You cannot have an intent to immigrate if you are applying for B1/B2 VISA and in this case it will be very difficult to overcome the assumption of intent to Immigrate. If your husband must visit the US, I hope that he has not told the consular officer that issued his visa that he does not have a relative in US, if he had the best bet for him is to stay away from the US and reapply for an immigrant visa however if he has not answered in the negative or the question was never asked then he may visit USA and return to his country without over staying his visit visa and then apply for a CR1 visa, a fiancee visa and then return to the US permanently.
You may also visit the US on your B1 and then re-adjust at your own peril, however everything is luck in this world, what Mr. A did and got scot free Mr. B may do same or even less and get punished. AO( adjudication officers) are not equally knowledgeable some know more than others and some are Dove while others may be Hawk. Another way out is to pretend that your foreign marriage never took place, stay in the US for sometime reacquint yourself with your wife and then remarry her in the US( this is still fraud if caught but it is your best bet/chance if you are adamant about coming to America oh there America( America for the Americans).

Goodluck.
Lionofafrica

So now you are telling them to commit even more fraud at the end of your comment. The simple answer is NO