B1 to Immigrant status, Green Card

J

Jo_Simon

Registered Users (C)
Hi,

My wife is a Permanent US resident (US Citizen). We got married in early 2006.
My wife had submitted the marriage petition in the INS Vermont soon after the wedding, but the process is getting delayed.

I will be coming to the US very soon from the company I work. I have been in the United States few times before my wedding (I have a 10 year Multiple entry B1 VISA).

I would like to know if

1) I can apply for an adjustment of status once in the US (B1 to Immigrant status, Green Card). Is this a quick process or lengthy?

2) I can use the marriage certificates as proof of the wedding we had in India.

3) I will have to remarry my wife in the US for the sake of proof?

Can you please help me on the same?

Thank you very much
 
Jo_Simon said:
Hi,

My wife is a Permanent US resident (US Citizen). We got married in early 2006.
My wife had submitted the marriage petition in the INS Vermont soon after the wedding, but the process is getting delayed.

I will be coming to the US very soon from the company I work. I have been in the United States few times before my wedding (I have a 10 year Multiple entry B1 VISA).

I would like to know if

1) I can apply for an adjustment of status once in the US (B1 to Immigrant status, Green Card). Is this a quick process or lengthy?

2) I can use the marriage certificates as proof of the wedding we had in India.

3) I will have to remarry my wife in the US for the sake of proof?

Can you please help me on the same?

Thank you very much
Click to expand...

First, your wife cannot be a US permanent resident and a USC (at least not when we are talking immigration semantics) --- I assume from your post that she is a USC, and proceed from there.

1. You cannot do this ---- if you enter the US with a B1 visa it is for nonimmigrant intent only, and you should not enter with the intent of adjusting status. You should wait in India for the process to complete and wait for the immigrant visa.

2. As long as it was an official ceremony with official certificate why not?
3. Not necessary at all.

Note, if you do come to the US for work purposes on an H1B visa, you can do that, since it is a dual intent visa, and you are allowed to apply for that, come to the US and then adjust status. But doing that with B1 is clearly illegal.
 
Just a quick added comment:

By my above post, I did not imply that your B1 visa is automatically invalidated by your wife filing I130. Provided that you can convince the officer at the POE that you are not planning to immigrate on that trip (which can be hard to do in your situation, but not impossible), you can still travel to the US, PROVIDED THAT YOU RETURN AFTER VISITING YOUR WIFE. You should not attempt to adjust status. Just wanted to clarify.
 
Hi,
Thank you for the response. It was a misunderstanding. My wife is a US Citizen, not a US Permanent resident (Green Card Holder). I got the terminology wrong. My bad

Yes, I am planning to come to the US from the Company I work for, strictly for a business program as part of my job. So my entry to theUS is strictly for office purpse. But the only thing is once in the US I am having a temporary VISA to keep me here. All I am asking is if it is possible to change the status of the Business purpose visit to a Green card with work permit?

If this is the case I will not have to go back to India and be away from my wife again. Is this still not possible?

Please refer "IF THE MARRIAGE OCCURS IN THE U.S." in http://www.usvisa.com/marriage_petitions.shtml
Please let me know. Thank you very much in advance
 
Jo_Simon said:
Hi,
Thank you for the response. It was a misunderstanding. My wife is a US Citizen, not a US Permanent resident (Green Card Holder). I got the terminology wrong. My bad

Yes, I am planning to come to the US from the Company I work for, strictly for a business program as part of my job. So my entry to theUS is strictly for office purpse. But the only thing is once in the US I am having a temporary VISA to keep me here. All I am asking is if it is possible to change the status of the Business purpose visit to a Green card with work permit?

If this is the case I will not have to go back to India and be away from my wife again. Is this still not possible?

Please refer "IF THE MARRIAGE OCCURS IN THE U.S." in http://www.usvisa.com/marriage_petitions.shtml
Please let me know. Thank you very much in advance
Click to expand...

Hi:

I understand your situation. However, your problem is with intent. It is illegal to travel to the US with the intent of immigrating on a nonimmigrant visa. Even though you are travelling for business purposes, your ultimate intent is to stay and adjust status. This is understandable, because you do not want to be separated from your wife. However, this is technically ILLEGAL.

Now, some have attempted it and were successful. There have been others who were not. The applicant has the burden of proof to show that when he entered on the nonimmigrant visa, that he had NO intent of remaining in the US at that time.

I would suggest the legal, although slightly longer, route of consular processing. That way your immigration is perfectly legal and you would not encounter any problems. But ultimately, the choice is yours.

Best wishes.
 
Risk Being Mauled...

Jo_Simon said:
Hi,
Thank you for the response. It was a misunderstanding. My wife is a US Citizen, not a US Permanent resident (Green Card Holder). I got the terminology wrong. My bad

Yes, I am planning to come to the US from the Company I work for, strictly for a business program as part of my job. So my entry to theUS is strictly for office purpse. But the only thing is once in the US I am having a temporary VISA to keep me here. All I am asking is if it is possible to change the status of the Business purpose visit to a Green card with work permit?

If this is the case I will not have to go back to India and be away from my wife again. Is this still not possible?

Please refer "IF THE MARRIAGE OCCURS IN THE U.S." in http://www.usvisa.com/marriage_petitions.shtml
Please let me know. Thank you very much in advance
Click to expand...


J,

Pianoabuser is right :D You will have to bear a burden of proof to USCIS that you were in the US for business purposes. When did your intent to become an immigrant take hold of you??? :confused: As soon as you remember that you have a wife in the US? USCIS is going to smell a dead roach in your petition. As much as it is understandable that you don't want to spend about 9 months sleeping by yourself :eek: , while yout wife is in the US, it is illegal. The key to your immigration quandry is the INTENT... :o USCIS will feel duped by you, and will certainly ensure they get EVEN with you, drag you through a lenghty process and probably deny your petition. :rolleyes:

If you don't want to be mauled by USCIS dogs, come and do work for your company, spend time with your wife doing marital things... :D Ensure you enjoy yourself before heading back to India. As soon as you set your foot on the plane, ensure that your wife has completed the necessary documents for your K visa. So, the day you leave, she mails them to USCIS. It will take you anywhere from 3-9 months to be issued a K visa. Soon as you enter the US, you will just have to do I-485 and be done. USCIS will not maul you in the end.... :D

If you ignore our advise, we are going to see you here asking for solution after USCIS denies your petition. Coming to the US on nonimmigration visa with hidden immigration intent is loathed by USCIS... :rolleyes: People have ignored wealth of information coming from this discussion board, and got themselve in a sewerage... :( Remember: you are the decider :D
 
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