Can my wife travel to US while I am applying for Citizenship? please help

[Phil1214]

I just filed my citizenship application last month, my wife and I has registered our marriage back in february 2006 (in CA). She still travel thru and forth by her multiple entry visa (a 5 year visa approved in 2005). Can she still doing that? if my citizenship approved, can I petition for her (change of status) without her leaving the country?

 

[pianoplayer]

I just filed my citizenship application last month, my wife and I has registered our marriage back in february 2006 (in CA). She still travel thru and forth by her multiple entry visa (a 5 year visa approved in 2005). Can she still doing that? if my citizenship approved, can I petition for her (change of status) without her leaving the country?

I assume this visa is a nonimmigrant visa. Correct me if I am wrong.

If I am not wrong, I will not answer your question. This question has been posed here many times and I believe it has been made quite clear that this is not a legal approach.

 

[Phil1214]

I'm new to this forum, please help explain this further..my wife currently is in US on business trip with her valid B1 visa..does this action illegal?

 

[GotPR?]

Most of non-immigrant visa is not allowed immigration intent, meaning one can not obtain such visa with having an idea to keep staying in the US and eventually immigrate into the US. If she tried to do AOS under B1 status, she might be suspected that she has had immigration intent upon obtaining B1 visa, which makes her B1 visa process questionable. If USCIS came to this conclusion, her AOS can be denied.

 

[Heretic]

Your wife is bound to be denied entry if she keeps entering on her B1. It's just a matter of time.

To answer your question, yes people here have successfully adjusted from non-immigrant visas. Having pre-conceived intent to use said visa to enter, marry, and adjust status is unlawful. Your wife will have the burden of proof to demonstrate she did not have immigrant intent when entering as a B1, if the issue arises.

 

[Phil1214]

She got her B1 visa thru her company letter as business relate trip to US prior before we were marriage, does this make her illegal and be denial of entry next trip.? she still need to conduct her business here next year.

 

[GotPR?]

Well, you are trying to let her enter the US and stay there permanently, aren't you ? I don't call it bona fide non-immigrant.
Having B1 is not illegal, however, entering under B1 with immigration intent is not allowed. Entry getting denied or not is unpredictable. It just depends on what POE officer knows and how they think about her intent.

 

[pianoplayer]

She got her B1 visa thru her company letter as business relate trip to US prior before we were marriage, does this make her illegal and be denial of entry next trip.? she still need to conduct her business here next year.

There is nothing wrong with her using it for business. But from your first post, this was clearly not your question. Suffice to say, what you are planning is not legal.

If you are looking for the legal avenue, she can keep using her B1 visa for its purpose --- her business trips. Then when you finally decide to sponsor her after citizenship, file the I130 and do consular processing (and perhaps K3) through the consulate in her country.

 

[Phil1214]

There is nothing wrong with her using it for business. But from your first post, this was clearly not your question. Suffice to say, what you are planning is not legal.

If you are looking for the legal avenue, she can keep using her B1 visa for its purpose --- her business trips. Then when you finally decide to sponsor her after citizenship, file the I130 and do consular processing (and perhaps K3) through the consulate in her country.

So, in legal term she still can do her business travel as usual and after I decided to sponsor her, she just need to apply thru her own country consulate..do you know how long that would take? does it mean she cannot travel to US prior before approval?

 

[micmic]

So, in legal term she still can do her business travel as usual and after I decided to sponsor her, she just need to apply thru her own country consulate..do you know how long that would take? does it mean she cannot travel to US prior before approval?

the CP process usually take 8-10 months (we applied in Dec 06 and got approval in Nov 06), in this period of time, your wife can travel to the states with her B1 visa, she may be asked a lot of questions in the port of entry (such as show him the return ticket, propose of travel)

BTW, she cannot apply by herself, you have to file most of the document (I remember her only need to file package 4, do the medical check and interview in her own country)