Filing I-485 on a B1/B2 Visa

[Yoni]

Hi,

My wife is visiting me in the USA and entered on a B1/B2 visa. We have already submitted an I-130 earlier this year. We have had some personal things come up, and now it seems like she will need to avoid traveling for at least a year. Due to this, we are looking at submitting an I-485 now. I have heard this is "more risky" but I am unclear what this means. I have the following questions:

1) We are expecting the I-130 decision to be made any day now. If it happens to be approved, can we still file an I-485?
2) If we submit the I-485 and it is rejected, can we go back to use the existing processing for CR-1 visa?
3) If option 2 is possible, or we decide that filing an I-485 is too risky and just go CR-1 visa route:
a) how long can I delay submitting documents to the NVC?
b) how long can I delay having an interview after case is transferred from NVC to the local consulate?

Thank you in advance for the help and dealing with the long winded question!

[scientist2016]

Hi,

My wife is visiting me in the USA and entered on a B1/B2 visa. We have already submitted an I-130 earlier this year. We have had some personal things come up, and now it seems like she will need to avoid traveling for at least a year. Due to this, we are looking at submitting an I-485 now. I have heard this is "more risky" but I am unclear what this means. I have the following questions:

1) We are expecting the I-130 decision to be made any day now. If it happens to be approved, can we still file an I-485?
2) If we submit the I-485 and it is rejected, can we go back to use the existing processing for CR-1 visa?
3) If option 2 is possible, or we decide that filing an I-485 is too risky and just go CR-1 visa route:
a) how long can I delay submitting documents to the NVC?
b) how long can I delay having an interview after case is transferred from NVC to the local consulate?

Thank you in advance for the help and dealing with the long winded question!

Are you a US citizen? If yes, there is no risk involved. You can choose to file I485 anytime. Your wife need not be in status at the time of application.

[Yoni]

Are you a US citizen? If yes, there is no risk involved. You can choose to file I485 anytime. Your wife need not be in status at the time of application.

Thank you,i am a us citizen, just worried that she is in the tourist visa now. We were told it is maybe risky of changing the purpose of her entry (from non immigrant to immigrant)

[scientist2016]

Thank you,i am a us citizen, just worried that she is in the tourist visa now. We were told it is maybe risky of changing the purpose of her entry (from non immigrant to immigrant)

People do it all the time. And you are not changing the purpose of the visit. It just so happens that you changed your mind. As long as you did not lie to the CBP officer at the time of entry, you should be fine.

[themudd2001]

My wife and I are in a similar situation:
Im a US Citizen (34 Years Old) and my wife is Ecuadorian. We have been married for almost 9 years and have lived together in Ecuador during this time. She has had a B1/B2 Visa and has visited (without any issues) the US several times.
In June 2017 we submitted an I-130 with plans to obtain residency and relocate to the States. I just got a nice job offer and according to processing times, they wont have processed her I-130 for several months from now. I will most definitely lose the job if we wait that long.
My question: Since we have already submitted an I-130, would that prevent us from being able to change her status if we all traveled together, her using her B1/B2 Visa? Maybe having already submitted an I-130, maybe that would speed up the process for changing her status from B1/B2 to a Green Card?
Since this I-130 is taking alot longer than expected, we are thinking that maybe just going to the US together and changing her status would be easier. Im just not sure how having already submitted an I-130 could change the process.

[inadmissible]

She can not travel on her B visa with the intention of applying for adjustment of status

[NettieL]

My wife and I are in a similar situation:
Im a US Citizen (34 Years Old) and my wife is Ecuadorian. We have been married for almost 9 years and have lived together in Ecuador during this time. She has had a B1/B2 Visa and has visited (without any issues) the US several times.
In June 2017 we submitted an I-130 with plans to obtain residency and relocate to the States. I just got a nice job offer and according to processing times, they wont have processed her I-130 for several months from now. I will most definitely lose the job if we wait that long.
My question: Since we have already submitted an I-130, would that prevent us from being able to change her status if we all traveled together, her using her B1/B2 Visa? Maybe having already submitted an I-130, maybe that would speed up the process for changing her status from B1/B2 to a Green Card?
Since this I-130 is taking alot longer than expected, we are thinking that maybe just going to the US together and changing her status would be easier. Im just not sure how having already submitted an I-130 could change the process.

Having already filed I-130 shows immigrant intent and you cannot enter the US with immigrant intent, on a non-immigrant visa such as the B.

[newacct]

Having already filed I-130 shows immigrant intent

Not necessarily. Immigrant intent refers to intent to immigrate during a particular stay; intent to immigrate in the future after the current stay doesn't count.