Adjustment of Status from B1/B2 Visa - Married for over 3 years

[recadoaninha]

I have been married for over 3 years in Brazil with an US citizen and am planning on going to the USA. I am thinking of staying there and applying for my permanent visa after a while and if I decide to stay. I will enter the USA under my B1 visitor's visa. Will that be a problem if I apply for adjustment of status under my B1 visa?

I would like to have a step by step and know all the documents I will need. Should I take with me a criminal record from Brazil in case they need? Would I be under the 30/60 days rule?

I appreciate if any of you could help me.

Tx, Ana.

 

[newacct]

When you enter the U.S. on a B1 visa, you have to have no intent of staying and immigrating during that visit. It seems like you are saying you haven't decided to stay, but that sounds very close to intent to stay. You will probably get a hard time at the border, since you are the spouse of a U.S. citizen entering on a tourist visa, as they will ask you to make sure you do not intend to stay, and you cannot lie to them.

If you intend to stay in the U.S. the correct method is for your spouse to file a I-130 and you get an immigrant visa abroad through a consulate. The whole process does take several months to a year, so that means you will stay in Brazil for a while, but it is the best way to do it.