B2 Visa conversion

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samjgarcia

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Hi. I have a question i hope someone can answer. I am a born US citizen and my wife is South African. She has worked in the US on an H2B visa. She currently holds a B2 Visa. My question is, can she come to the US on her B2 visa and while there can i submit her I-130 and I-485 concurrently? Would she be able to live with me and stay? Thank you in advance
 
Since there is already intention to immigrate, sponsor her for a GC and go down the consular processing route.

samjgarcia said:
I am a born US citizen and my wife is South African. She has worked in the US on an H2B visa. She currently holds a B2 Visa. My question is, can she come to the US on her B2 visa and while there can i submit her I-130 and I-485 concurrently?
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The problem with the consular route is that we will be apart for awhile and she has had major surgery. Is My previous question possible?
 
Yes it is doable but it carries an amount of risk. What country does she live in, RSA? Have you already considered the cost of that surgery taking place in the US compared to RSA? Most likely it will be more expensive in the US. I am assuming it is not some surgery that is not available in RSA.

samjgarcia said:
The problem with the consular route is that we will be apart for awhile and she has had major surgery. Is My previous question possible?
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She has had the surgery in South Africa and it resulted in the loss of our child and a hysterectomy. So at present it is very difficult for her to be on her own with our three year old son. So basically can she come to the US In the next Few months on her B2 visa and while she is here can i submit the I-130 and I-485 adjustment of status while she is here on the B2. Can a B2 be adjusted to Immigrant status? Thanks
 
What kind of risk? So basically she can come to the US and i can file the I-130 and I-485 adjustment of status together when she arrives in the US on her B2 visa? Is there anyone who can answer me who has done this or is in the process of doing it? Thanks for the info
 
It is legal to apply for AOS from B-2 status but USCIS does not like it. They prefer one goes through consular processing route. B-2 to AOS should be for those who have a genuine change of intent after entering the US on visitor status. Your wife clearly has an intention to immigrate even before entering the US as a visitor. Thus I am advocating she follows the correct route.

samjgarcia said:
Can you explain further? Is it legal to convert from B2 visa to immigrant status? Can one do that?
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ok thank you for the info. Makes a bit more sense now. How long does consular processing take from the filing of the petition till she can enter the US? Is there a way to bring her over sooner while it is being processed? Im assuming i can file everything for her in the US, correct?
 
The processing time will depend on the load at the local US consulate. Most immediate relatives should get their GCs within 12 months. You will file everything from within the US. She can attempt to visit you while the GC process is going on, but she may be denied entry. Just keep that in mind.


samjgarcia said:
How long does consular processing take from the filing of the petition till she can enter the US? Is there a way to bring her over sooner while it is being processed? Im assuming i can file everything for her in the US, correct?
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USCIS is not playing around

samjgarcia said:
Hi. I have a question i hope someone can answer. I am a born US citizen and my wife is South African. She has worked in the US on an H2B visa. She currently holds a B2 Visa. My question is, can she come to the US on her B2 visa and while there can i submit her I-130 and I-485 concurrently? Would she be able to live with me and stay? Thank you in advance
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Get a lawyer I don't understand why you want to continue playing around with USCIS
 
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