Question about visas

[Ximilis]

Hi guys, my wife and I we have a question.

I applied for the i-130 on august of 2017 while I am still here in Brazil.

We were going to wait for the whole process here but things has change, she got a job offer and we might move soon that we planned.

My question is, I already have the Tourist visa, can I go to the US and once I get there apply for the i-485 or I should I apply for the K visa here in Brazil and wait?

Thank you,

Max

[newacct]

My question is, I already have the Tourist visa, can I go to the US and once I get there apply for the i-485

You will be denied entry if they suspect you will do that

or I should I apply for the K visa here in Brazil and wait?

You will not apply for any K visa. You will go through consular processing for an immigrant visa if you apply from Brazil.

[Ximilis]

You will be denied entry if they suspect you will do that


You will not apply for any K visa. You will go through consular processing for an immigrant visa if you apply from Brazil.

So, I cannot enter the US until my process is done? What if I pass the immigration border, can I them adjust the status or not?

What should I do?

Thanks you for your reply.

[newacct]

So, I cannot enter the US until my process is done? What if I pass the immigration border, can I them adjust the status or not?

There's no rule you can't enter the US. But if they suspect you will AOS during that stay, they will deny you entry. And you cannot lie.

[Ximilis]

There's no rule you can't enter the US. But if they suspect you will AOS during that stay, they will deny you entry. And you cannot lie.

Thank you!

We decided to stay in Brazil and wait until my process is done.

Thank you all for the help.

Max

[bullcitylawyer]

New 90 day rule as well

Hi guys, my wife and I we have a question.

I applied for the i-130 on august of 2017 while I am still here in Brazil.

We were going to wait for the whole process here but things has change, she got a job offer and we might move soon that we planned.

My question is, I already have the Tourist visa, can I go to the US and once I get there apply for the i-485 or I should I apply for the K visa here in Brazil and wait?

Thank you,

Max

And this is just piling on at this point, but there is now a new 90 day rule that the DOS has issued in their handbook. There will likely be stricter crackdowns on AOS after B-2 entry in the future going forward.

Link for new rule as of September 2017:

[newacct]

[QUOTE=bullcitylawyer;534066]And this is just piling on at this point, but there is now a new 90 day rule that the DOS has issued in their handbook. There will likely be stricter crackdowns on AOS after B-2 entry in the future going forward.

Link for new rule as of September 2017:

AOS is not handled by DOS.

Also, AOS for immediate relatives cannot be denied for immigrant intent alone.