Can B1 visa holder file I-130 and I-485 concurrently?

[dm_neo]

Hi All

 

I would like to know if a person on visitor visa can file I-130 and I-485 applications concurrently provided a visa number is available in their category. I understand that this can be safely done for a H1B visa holder but unable to determine this for a B1/B2 visa holder.

 

Appreciate your response!

 

Regards

[JoeF]

If a person enters on B1 and soon after files for immigration, there would be the suspicion of misrepresentation when entering on B1, because the B1 does not allow immigration intent.

[t75]

It is improper to enter on B1/B2 with the intent to AOS. File for consular processing.

[dm_neo]

If a person enters on B1 and soon after files for immigration, there would be the suspicion of misrepresentation when entering on B1, because the B1 does not allow immigration intent.

Thanks! I did figure that and also leaning towards CP, but just wanted to clear this. As per some posts, student visa holders can do this, and student visa is also not a dual-intent visa. Then why is there a suspicion here, if the person happens to be a spouse and is married abroad.

[JoeF]

Thanks! I did figure that and also leaning towards CP, but just wanted to clear this. As per some posts, student visa holders can do this, and student visa is also not a dual-intent visa. Then why is there a suspicion here, if the person happens to be a spouse and is married abroad.

There is what is known informally as the 30-60-90 rule of preconceived intent.

Essentially, a person could change his or her mind after a while in the US. After 90 days (the 90 in the rule) USCIS generally assumes that the person changed his or her mind while in the US, and didn't have the intent to immigrate when entering.

This is based on a court decision, if I remember right.

That's why I said "soon after" in my post...