Adjustment of status on tourist visa, with I-130 pending?

[waiting_husband]

Hi everyone,

I'm a US citizen and my wife is not. We currently live abroad, and we filed an I-130 petition 11 months ago thinking that we might want to move to the US. Since our lease will expire soon, we're getting tired of waiting for any news on the I-130.

A friend just recommended that my wife enter the US as a tourist, since she has ESTA and can stay for up to 90 days no problem. Then, if she does in fact decide to stay, he said we could apply for adjustment of status, but that this would take ~6 months, during which she wouldn't be able to work or leave. So I have a few questions:

1) Is he right? Do you have any success/failure stories or advice to add?

2) If she's allowed to be in the US as a tourist for 90 days but then applies for adjustment of status and can't leave for ~6 months, wouldn't that put her in legal jeopardy, i.e. as overstaying her tourist visa? Would she be vulnerable to deportation or travel bans during that time??

3) Would she be able to enroll in a health insurance plan during that time, as a tourist/adjustment of status applicant?

Thank you!!

[Enub4]

From what I read:
1) she shouldn't travel with a tourist visa (or ESTA) with the intent to adjust status. The PoE officer could deny entry. I think there are people that enter the USA without the intent and then change their mind.
2) if she apply before the 90 days and the application is accepted, then no matter if they take 6 months or more to finish, she will not get any unlawful days in the USA (no overstaying because she will be legally adjusting status)
3) I think there is no problem to add her to your health insurance, don't know if there is any problem for her to enroll in own health insurance.

I hope other can chime in with more/better information. Good luck.

[waiting_husband]

Thank you!

[Chase2019]

I don’t know where you guys are and for which Visa you have file, but since you go the legal way, there is a good chance that the officer will let your wife in to the US. I mean if she is in Germany (as a example) and you are in the US, she will have the possibility visiting you. It’s important having a ticket for the flight back. If you’re in Germany, try getting a flight over London. So IF they would deny her, the way back wouldn’t be that long. But I know from lots of couples where wife or hubby was able to visit the better half in the US during visa process. She has to be honest at the customers because they see what’s going on at the pc. But it should work. Good luck!

[Chase2019]

... btw no chance for applying the AOS. That’s only for K1 visa, or getting married in the US spontaneous and staying spontaneous.