Travel of B2 visa holder with I131 approval

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fish4all

Registered Users (C)
Dear Friends,

Need your advice. I live in Dubai and I am holding B2 visa (10 year) and I got married in US to GC holder in 2012 when I had travelled to US on same tourist visa. My Spouse has received I 131 approval 2 months back. Now I want to go for good to US and apply for I485 AOS accordingly. My queries are:

1) Can I buy 1 year ticket or I should get 3/6 months air ticket. What is a safe bet?
2) Should I inform my intent of AOs at Immig at entry point in US.
3) Is it ok to show GC applicant approvals at entry point. I dont want to go through consular processing as it will take time.

Pls advise me what to do. Thank you so much for your time!
 
You cannot enter the U.S. on a B2 visa with the preconceived intent of doing AOS while there. That would be visa fraud. You have an approved I-130 petition, and they will certainly ask about it when you enter; you cannot lie to them (that would be very bad). They will not let you in with intent to do AOS while there.
 
Do you mean I-130 approval? I-131 is very different. If it's I-130 approval, you can get a green card through the consulate in your country in the next 2-6 months if priority dates don't retrogress so there would be no need for I-485/AOS.

fish4all said:
Now I want to go for good to US and apply for I485 AOS accordingly.
Click to expand...

Not a good idea with a tourist visa, and a green card holder spouse. If the officer at the port of entry sees your I-130 in the system, you'll probably be refused entry. And even if you get into the US with the tourist visa, you risk having your green card denied for preconceived intent. Spouses of US citizens are usually given leniency on this issue, but your spouse is a permanent resident so you can't count on that.
 
Thank you for replies. Yes it is I130...How many months stay is allowed on B2 visa ? Also, I do not want to go through Consulate here as it will take months for processing. Suppose I am given 6 months stay, can I not apply for AOS I485...if not me then who applies for AOS. Ive earlier, few years back gone on another B2 visa and stayed 6 mths as per I-94 and during that time changed to H1 staying within the country. It was a smooth transition. So it cannot happen now? From B2 to resident? Sp when the approval is in place.
 
Changing from B2 to H1B is a very different situation from changing B2 to green card. The first is changing from one nonimmigrant status to another; the other is changing from nonimmigrant to permanent resident, which is viewed in a different light and can result in being denied for having preconceived immigrant intent. The I-130 approval will probably cause you to be refused entry, unless you're lucky that they don't look far enough in the system to see it.

If your wife were a US citizen, applying for AOS after entering with a tourist visa would be much less risky, because spouses of US citizens are treated leniently on that. But your wife is not a US citizen.

If you're not refused entry, you could stay together in the US for few months while waiting for the consulate to be ready for you, then go back to complete the consular formalities. That way you reduce the amount of time you're living separately, and you avoid the risks involved with preconceived immigrant intent.
 
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