B1 AOS married

[Derek/Danelia 0]

Hi and thanks for helping.

My Wife and I married in Nicaragua, I planned on living there. After a year in Nicaragua we got a b1 visa for her to take a look at the states to visit family and friends. Well when we came to visit family I ended up landing a really good job and we decided to stay. We rented a apt together and she started to volunteer at the Mex consulate. We talked to some people about what doc's we needed so she went home after 6 months to get her BC and other papers and will return after 4 weeks on her b1 again. Now can she AOS here in the states in order to stay or is that a pipe dream.

Thanks for helping.

[YuAndDan 153]

Leaving and then returning on B1 can be interpreted to be intent to Immigrate.

You are best to simply file and I-130 for a spouse visa.

[Derek/Danelia 0]

Leaving and then returning on B1 can be interpreted to be intent to Immigrate.

You are best to simply file and I-130 for a spouse visa.

Can she still come for the 6 months on her b1 if we have a I-130 in the works?

[Anh map 2,098]

Her truthful answers to the CBP official may cause her to be denied entry. Being untruthful may cause problems when doing an adjustment of status interview here in the US.

The correct steps would be for you to file a spouse petition now and she interviews in her home country for the proper visa. This would cause you two to be apart for some months. But you also don't lie or materially misrepresent the facts of her intentions when reentering with her B1 visa.

Not the choices that you wanted to see. You can choose the other course. Just weigh the risks and consult a competent immigration attorney to determine the steps that you are willing to take.

Edited December 19, 2010 by Anh map

[Derek/Danelia 0]

Her truthful answers to the CBP official may cause her to be denied entry. Being untruthful may cause problems when doing an adjustment of status interview here in the US.

The correct steps would be for you to file a spouse petition now and she interviews in her home country for the proper visa. This would cause you two to be apart for some months. But you also don't lie or materially misrepresent the facts of her intentions when reentering with her B1 visa.

Not the choices that you wanted to see. You can choose the other course. Just weigh the risks and consult a competent immigration attorney to determine the steps that you are willing to take.

I do want to be unlawful nor untruthful. I thought well she's here can we do it this way. She has a visa and can travel back and forth to the states with her B1 and what I'm hearing is that she wont be able to travel here for 6-12 months now once we start the paperwork.

[amykathleen2005 441]

If she had never left the US she would have been able to file for AOS. As she is no longer in the country she is welcome to continue visiting with the B1 assuming they let her in with a husband living in the USA (it is possible, although totally at the discretion of the officer) but will need to file for a CR1 spousal visa in order to stay permanently.

[YuAndDan 153]

Can she still come for the 6 months on her b1 if we have a I-130 in the works?

Yes current B-1 remains valid, however visiting duration will be set by POE officer, and avoid overstaying.

[Derek/Danelia 0]

If she had never left the US she would have been able to file for AOS. As she is no longer in the country she is welcome to continue visiting with the B1 assuming they let her in with a husband living in the USA (it is possible, although totally at the discretion of the officer) but will need to file for a CR1 spousal visa in order to stay permanently.

So I buy her a ticket to come visit me and they say she can't come in because we're married and I'm living here I'm going to be out 1200 dollars. I'll contact my senator. I mean if Obama can get his Aunt a green card who has been deported twice...... This is insane. I mean what do they care if she lives with me for 6 months she isnt working, driving ect. I'm sorry but the system seems wacked for a lack of a better term.

[JimVaPhuong 4,863]

So I buy her a ticket to come visit me and they say she can't come in because we're married and I'm living here I'm going to be out 1200 dollars. I'll contact my senator. I mean if Obama can get his Aunt a green card who has been deported twice...... This is insane. I mean what do they care if she lives with me for 6 months she isnt working, driving ect. I'm sorry but the system seems wacked for a lack of a better term.

The system is designed to prevent people from misusing a visa, and the CBP officer has wide latitude. If he/she thinks the alien is attempting to enter with a non-immigrant visa, but they believe the alien really intends to immigrate, then they'll deny them entry and send them back. This happens to people every day - even people who don't have a spouse living in the US.

Obama's aunt is an excellent example. If CBP had denied her entry in 2000 when she came with a temporary visa then it never would have been necessary to deport her. However, once she was admitted into the US it became very difficult to remove her. The simple fact is that, even after a deportation order has been issued, ICE doesn't spare much resources going after illegal aliens unless they have a criminal record. A Washington Post article estimated that there were over half a million illegal aliens in the US who have been denied asylum and ordered deported, like Obama's aunt, yet they remain in the US.

Given the difficulty in getting them out of the US once they've gotten in, you can understand the effort CBP puts into stopping them from entering in the first place. Further, CPB is required by law to make this determination and take this action. Getting them to do otherwise would require a change in the immigration law.

Call your Senator, if you wish.

[coraliesolms 47]

Its as simple as this.. on her B1 application form, and I believe the visa itself, it says that it does NOT guarentee entry into the united states. What she will have to do when she comes to visit is show strong ties to her home country.. job, bank account, apt lease, car loan... all these things, as well as be knowledgable about where she is in the immigration process

Example " Hi ma'am, what is the purpose of your visit in the US?"

Wife "I am here to celebrate my NOA2 with my husband, we have filed for a CR-1 visa, here is the NOA2"

If she shows that she has ties to her home country and isnt just going to abandon them to stay in the USA, and show that she is immigrating, and understands she has to leave the US to go for her interview at her home country, then all should be well, and they should let her in.

Contacting a Senator probably wont do much, but if it will make you feel better then go ahead.

[Kathryn41 3,205]

Moving from AOS from Family visa forum to CR-IR forum as applicant did not arrive on a family visa nor is allowed to adjust from a B-1 having last entered the US with intent to immigrate