Immigration Site

My Canadian citizen wife is on B2 visa, that will expire Jan 2011.

In order to apply for I-130, I want to keep her to join some school, and turn her status to F-1. After that, I want to apply for I-130.

I heard you cant do this when she is on F-1, because F-1 and B2 are nonimmigrant visas. Is this true?

Whats the best route to apply for I-130, and keep her here, until I-130 and I485 are approved?

Thanks

In order to apply for I-130, I want to keep her to join some school, and turn her status to F-1. She cannot switch from B to F within the US unless she declared her intention to do so at the POE and an I-94 is annotated with this.

I heard you cant do this when she is on F-1, because F-1 and B2 are nonimmigrant visas. Is this true? Not true, but its likely she will be denied re-entry to the US in F status once the I-130 is filed. Are you a US citizen?

Thanks for your prompt reply.

I am LPR.

My intention is to get I-20 for her and then take her to border, and from there, she will enter based on I-20. After that, I intend to file I-130, and keep her on F-1 as long as it takes.

Can she first try to enter on B2? And if denied, then on I-20? She dos not want to go to School here

Can u apply for I-130 while on B2?

Thanks

Can u apply for I-130 while on B2? I-130 can be applied for and approved while the prospective immigrant is inside the US in any status, or outside the US. Its the next step (I-485) and international travel where the status becomes highly important.

If youre going to file the I-130 while she is in the US on a B2 visa, you should select consular processing on the I-130 so the immigrant intent aspect wont be an issue. Being the spouse of an LPR, if she files for AOS after shortly after entering with a B2, she wont be granted the leniency on the immigrant intent issue that is granted to spouses of US citizens.

For similar reasons, consular processing is also advised if youre going to file the I-130 shortly after she enters in F1 status.