B1/B2 Adjustment of Status to Green Card

A

awadnet

New Member
Hi,

I entered USA on B1/B2 visa due to my wife will get birth.
I applied for this visa type due to I'm working overseas and I do not have enough time to wait and get other visa type.
my wife have USA citizen, and I want to apply for permanent Visa/Green Card.

which is better to apply now due to I'm in USA or I have to check out for USA.
is it possible to apply now ?

thanks
 
On your application for the B1B2 did you state the truth that your wife is in the USA or did you lie? How did you get the visa if you answered correctly that you have a wife in the USA?

You might have committed immigration fraud if you did not truthfully state you had a wife in the USA. In that case it might be better if you leave and process the green card from outside so the do not scrutinize this visa/entry which they will do if you try to adjust status inside.

awadnet said:
Hi,

I entered USA on B1/B2 visa due to my wife will get birth.
I applied for this visa type due to I'm working overseas and I do not have enough time to wait and get other visa type.
my wife have USA citizen, and I want to apply for permanent Visa/Green Card.

which is better to apply now due to I'm in USA or I have to check out for USA.
is it possible to apply now ?

thanks
Click to expand...
 
awadnet said:
I entered USA on B1/B2 visa due to my wife will get birth.
I applied for this visa type due to I'm working overseas and I do not have enough time to wait and get other visa type.
my wife have USA citizen, and I want to apply for permanent Visa/Green Card.
Click to expand...
Do you plan to return to your job outside the US in the near future? If yes, you should pursue the green card outside the US through a US consulate, because pursuing the green card in the US via adjustment of status will require you to spend much of the time inside the US (in particular the first 2-3 months while waiting for Advance Parole).

Did you state on the B1/B2 visa application that your spouse is a US citizen living in the US?
 
B1/B2 visa application that your spouse is a US citizen living in the US

Jackolantern said:
Do you plan to return to your job outside the US in the near future? If yes, you should pursue the green card outside the US through a US consulate, because pursuing the green card in the US via adjustment of status will require you to spend much of the time inside the US (in particular the first 2-3 months while waiting for Advance Parole).

Did you state on the B1/B2 visa application that your spouse is a US citizen living in the US?
Click to expand...


Thanks for you kind reply.

yes during the the interview I show all documents that my wife USA citizen ship, I say everything truth.

yes I'm planning to complete my overseas job, but I have problem I'm staying in the job with same company for short period and they transfer me to other area work so might I apply for Green Card and i will not be able to collect my visa.

So I said all truth and this is my case.
I have right to apply for Green Card and may I they will approve it within 3 months.
so I can continue in my job
 
You're probably not going to get the green card in 3 months.

If you expect to leave the US in the next 3 months, apply for the green card with the consular processing option by selecting a US consulate in your home country for question 22 of form I-130. 6-12 months later you will interview for the green card at the consulate.

But if you're going to pursue the green card inside the US by filing I-485, you'll need to be in the US for the medical, fingerprinting, and interview, and you can't leave the US until your Advance Parole is approved. That may not work if you need to be back in your home country soon to continue working at your job.
 
Jackolantern said:
You're probably not going to get the green card in 3 months.

If you expect to leave the US in the next 3 months, apply for the green card with the consular processing option by selecting a US consulate in your home country for question 22 of form I-130. 6-12 months later you will interview for the green card at the consulate.

But if you're going to pursue the green card inside the US by filing I-485, you'll need to be in the US for the medical, fingerprinting, and interview, and you can't leave the US until your Advance Parole is approved. That may not work if you need to be back in your home country soon to continue working at your job.
Click to expand...


Thanks for your reply.
so, I have to plan correctly and consider time in each case.
 
Adjustment of status from B1/B2 - Married for 3 years

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.
 
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