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Does my stay here in US while the NVC is processing my husband petition for me and for our children affect the approval?

Las Vegas, NV |

my husband filed I130 for me and for our children.my husband is green card holder.it was already approved last july and currently processing in NVC..now that my husband paid the AOS and the immigrant visa processing fee,the NVC instruct me to fill up the DS260.. In the DS260, there is a question if i have been in the US and fill up the last 5 visit in the US. I am currently here in the US and will go back home in my country in january.what will i i put? Anyway i arrived here in end of the month of july.the immigration officer allowed me to stay until january 25,will go back to my country in january 22. Im visa is B2 visitors visa.

Attorney Answers 3


  1. If you have been 100% legal when in the US, you should be OK.

    Obey the law and don't come back to the US until after you have gotten your visa at the US Consul.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Assuming that there were no misrepresentations to the Consulate when you initially applied for a visitor visa (a question on the nonimmigrant visa application form asks about family members in the U.S., for example), the Consulate should issue the immigrant visa if you are truthful on the forms to be completed as instructed by the NVC.

    I agree with Attorney Capriotti that you should not return to the U.S. again on your visitor visa.


  3. Not so fast... Did you say that your husband already filed adjustment of status applications? Is that what you meant when you said he paid the AOS and the immigrant visa processing fee? Why not just stay here and wait for them to get approved? The numbers are current in family 2B preference. As long as the decision to stay and adjust was made AFTER you arrived in July you don't have preconceived immigrant intent. You should talk to an expert about this, but I'm thinking you should just stay here and finish processing adjustment with USCIS and forget about consular processing with the dept. of State.

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