B2 visa adjustment of status to green card application

[mattox1231]

Hi,

I'm a US citizen, my wife is a Chinese citizen, and we were married in Oct. 2012 in the US in a small court. She was in the US on an H1B, and after we married, instead of applying for her green card, we decided to move to Shanghai so I could get a free Master's degree. we were planning on staying in China for 3 years, and start applying for her green card 1 year before returning....

We came to the US 2 weeks ago for a wedding ceremony to include all the family, but during our stay we found out we are pregnant. I really don't think I can support a family while I'm attending school so I'm curious if I am allowed to sponsor my wife for a green card directly from her b2 visa? Is there risks involved with this, as I've read numerous times that I have to do this through a US consulate.... but I feel that since we didn't have intent to immigrate (at least not this early) that we aren't breaking any rules.

Thanks in advance for your expertise
-Chris

 

[Triple Citizen]

You answered your own question. If you can prove that the pregnancy was learnt after entry into the US and the decision to stay in the US was made after entry, you should be good. However, still wait for 90 days from the B-2 entry date, before your wife applies for AOS.

so I'm curious if I am allowed to sponsor my wife for a green card directly from her b2 visa? Is there risks involved with this, as I've read numerous times that I have to do this through a US consulate.... but I feel that since we didn't have intent to immigrate (at least not this early) that we aren't breaking any rules.

 

[mattox1231]

Hi Triple Citizen,

Thanks for the response,

If you can prove that the pregnancy was learnt after entry into the US and the decision to stay in the US was made after entry, you should be good. However, still wait for 90 days from the B-2 entry date, before your wife applies for AOS.

I'm curious how I can prove this, only thing I can think of is it's so early in the pregnancy my wife isn't showing? Also, I don't understand the 90 days rule, there is a time limit I need to wait for an adjustment of status?

Thanks for sharing your experience!
-Chris

 

[newacct]

There is no "90 day rule".

 

[Triple Citizen]

It is not a rule. It is a general consensus that if AOS is applied after 90 days of last entry, more likely than not, USCIS will not assume that the AOS applicant had immigrant intent at his/her entry into the US.

Also, I don't understand the 90 days rule, there is a time limit I need to wait for an adjustment of status?

 

[mattox1231]

Thanks for all the replies!

It's clear to me I should wait, but we only planned on being in the US for 1 month. This is what we told the consulate officer when we applied for the b2 visa. I can wait, I'll just work in the interim and let my wife relax/have good medical insurance.

Thanks for the advice!
-Chris

 

[Triple Citizen]

You are welcome and best of luck.

It's clear to me I should wait, but we only planned on being in the US for 1 month. This is what we told the consulate officer when we applied for the b2 visa. I can wait, I'll just work in the interim and let my wife relax/have good medical insurance.