AOS on a B2-Visa

[mat7200]

I am a US citizen and I married a person from Central America in January 2004. We married in Central America. She recently applied for a B2 tourist visa and was, amazingly, approved. I am listed as the person she will be visiting on her B2 Visa application. Assuming she comes to visit and is allowed to enter the US, at the port of entry, can we file the I-130/I-485 petitions when she arrives. Also, we have not filed any paperwork for the I-130 spousal visa.

[Cloudsims]

To answer your question she cannot stay here on a b2 visa and adjust as this shows intent to immigrate which is not what the B2 visa is for. You should be applying for a K3 (spousal Visa) for her to legally enter the states. If shes allowed to enter the states she should leave before her visa expires and you should then apply for that K3 Visa.

Joanne

[JoeF]

Well, not quite right.
What is important is the intent when she enters.
If she enters with the intent to stay, that's a violation of the immigration laws.
She can of course change her intent later, but it may be quite hard to show that to the immigration officers during the I-485 interview.
The proper way, if she intends to stay in the US, is in fact the K3.