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Adisa2012 · Aug 19, 2013, 01:14 PM

Me and my husband (USC) got married in Bosnia, where I am currently living, and he is working oversees. We plan to go to the States in December and start our lives there. My question is: Should he already submit the I-130 petition and when I get there (with B1 visa) ask for adjustment of status (I-485), or wait until I get there and submit both at the same time?

newacct · Aug 19, 2013, 01:41 PM

You cannot file I-485 when you are outside the U.S. I-485 is only for people in the U.S. There is no point to filing them separately.

But more importantly, your plan is against the rules, because when you enter the U.S. on a B visa, you cannot have intent to stay and adjust status on that trip. That is considered visa fraud, and you will likely not be let in.

The correct route for a spouse living abroad is to go through consular processing. He files an I-130 and you handle everything at the U.S. consulate. The whole process will take around a year.

Adisa2012 · Aug 19, 2013, 02:26 PM

Thank you for your reply. I wasn't sure, because in my US embassy they told me the adjustment of status shouldn't be a problem, because I am alien relative now, and not entering illegally. What do u think about that?

newacct · Aug 19, 2013, 02:42 PM

Originally Posted by Adisa2012

Thank you for your reply. I wasn't sure, because in my US embassy they told me the adjustment of status shouldn't be a problem, because I am alien relative now, and not entering illegally. What do u think about that?

The adjustment of status is not the problem; it's the entering on a tourist visa that is a problem. You are entering the U.S. for an immigrating purpose. If they ask you how long you intend to stay, how will you answer? If you lie, then that is misrepresentation (a big no-no). If they ask you if you are married, and you say you're married to a U.S. citizen, then they're going to especially scrutinize whether you intend to adjust status while here.

Adisa2012 · Aug 19, 2013, 02:45 PM

Originally Posted by newacct

The adjustment of status is not the problem; it's the entering on a tourist visa that is a problem. You are entering the U.S. for an immigrating purpose. If they ask you how long you intend to stay, how will you answer? If you lie, then that is misrepresentation (a big no-no). If they ask you if you are married, and you say you're married to a U.S. citizen, then they're going to especially scrutinize whether you intend to adjust status while here.

Thank you for your time. You are right, better safe then sorry. I just hate all those forms and procedures :(