Entering with B-2 Visa questions

[larmar 0]

I have read several opinions regarding entering with B-2 visitor visa and then applying for AOS, but

I guess it depends a lot on the circumstances regarding intent, so here are mine...

- I am a USC, married my spouse about 9 years ago in Mexico, have 2 children (both USC)

- Did not apply for green card for my wife before because here residence was not in the U.S. she lived in Mexico.

- About 8 years ago she applied and received a B-2 Visa,

that she used almost every year to come and visit for a couple of months , always leaving before her permit expired.

- But this time that she entered with her B-2 visa in August , I Bought a house and opened a small business in October

and convinced her to stay and apply for the GC.

? How likely is it to be considered fraud because she entered with a B-2 visa based on our circumstances ?

? Her B-2 visa is about to expire ,does it make any difference if a send in all the paperwork for her GC before or

after her expired date, considering she is my immediate relative?

I really appreciate any opinions.

[malego77 2]

I have read several opinions regarding entering with B-2 visitor visa and then applying for AOS, but

I guess it depends a lot on the circumstances regarding intent, so here are mine...

- I am a USC, married my spouse about 9 years ago in Mexico, have 2 children (both USC)

- Did not apply for green card for my wife before because here residence was not in the U.S. she lived in Mexico.

- About 8 years ago she applied and received a B-2 Visa,

that she used almost every year to come and visit for a couple of months , always leaving before her permit expired.

- But this time that she entered with her B-2 visa in August , I Bought a house and opened a small business in October

and convinced her to stay and apply for the GC.

? How likely is it to be considered fraud because she entered with a B-2 visa based on our circumstances ? I don't think that it would be considered a fraud because she gets the visa 8 years ago. If she had gotten the visa recently maybe it would being considered like the real intention of her is immigrate and stay in US.

? Her B-2 visa is about to expire ,does it make any difference if a send in all the paperwork for her GC before or after her expired date, considering she is my immediate relative?

If you can send the AOS before the expiration date, I think it's better. But maybe there isn't a big difference due to she won't have problems because she entered legally.

I really appreciate any opinions.

Good Luck

Edited February 5, 2008 by malego77

[Dave and Helena 0]

If I were you I would consult with a lawyer and get his/her take on your specific situation. The fact that your wife entered the country while married to you could be a red flag. Can you prove that there was no intent at the POE for her to stay and adjust her status like a lease, job and so on? At the interview you might have to present this showing there was no intent.

If you do go ahead and adjust you want to send in the paperwork asap. If she becomes out of status she should not use the Advance parole and hence will be "stuck" here until her GC is approved.

[payxibka 10,045]

? How likely is it to be considered fraud because she entered with a B-2 visa based on our circumstances ? I don't think that it would be considered a fraud because she gets the visa 8 years ago. If she had gotten the visa recently maybe it would being considered like the real intention of her is immigrate and stay in US.

Unfortunately the fact that she received the B-2 visa 8 years ago is irrelevant... Each entry into the USA is a discreet event and they will consider what was her intent on the date of last entry....

[sunandmoon 450]

I would seek the services of an immigration attorney knowlegable with the situation you have described. none of us can know whether or not the USCIS will feel there was intent to immigrate with the last entry on the B-2 Visa.

[larmar 0]

Thanks to everyone for your response..

We do still have a lease from Mexico, So I think that could help and the fact that I just bought a house here.

But I will follow your suggestions and consult an attorney prior to filling.

Was wondering if anyone actually went through this kind of situation?

[pushbrk 12,898]

Thanks to everyone for your response..

We do still have a lease from Mexico, So I think that could help and the fact that I just bought a house here.

But I will follow your suggestions and consult an attorney prior to filling.

Was wondering if anyone actually went through this kind of situation?

I haven't been through it but if your description of events is chronologically correct, in that she has entered and exited several times during your marriage and this entry was another planned visit. During the visit you bought a house and convinced her to marry you, I think you're ok. Her intent was a visit and then plans changed. You may receive some hard questions on this but if true, I don't see any intent to circumvent immigration law.

[sunandmoon 450]

Thanks to everyone for your response..

We do still have a lease from Mexico, So I think that could help and the fact that I just bought a house here.

But I will follow your suggestions and consult an attorney prior to filling.

Was wondering if anyone actually went through this kind of situation?

I haven't been through it but if your description of events is chronologically correct, in that she has entered and exited several times during your marriage and this entry was another planned visit. During the visit you bought a house and convinced her to marry you, I think you're ok. Her intent was a visit and then plans changed. You may receive some hard questions on this but if true, I don't see any intent to circumvent immigration law.

already married. convinced her to stay.

[edmon59 0]

Thanks to everyone for your response..

We do still have a lease from Mexico, So I think that could help and the fact that I just bought a house here.

But I will follow your suggestions and consult an attorney prior to filling.

Was wondering if anyone actually went through this kind of situation?

I am presently in exactly that situation, But I married and lived in Jamaica for 3 years before moving back. My wife came on a B1 visa and I talked her into staying ( It wasn't too hard)... But I did it long before I knew what I was getting myself into. Had I know about this site, I would have done things MUCH differently, trust me.

Get her I-130/I-185 stuff going ASAP and things will work out fine....

Buena Suarte.

-Ed

[larmar 0]

Thanks Edmon...

Have practically all my paperwork ready, just had a few questions so went to see an attorney.

Told me everything looked ok, but was supprised that he suggested that people entering with a B-2 visa consider overstaying

a couple of months after 1-94 expired in order to reduce even more risk of being considered with Intent of Immigration.

Thought that was weird .....Is it worth being out of status for 2 more months, instead of filing before permit expires????

[Kez/JWolf 6]

Thanks Edmon...

Have practically all my paperwork ready, just had a few questions so went to see an attorney.

Told me everything looked ok, but was supprised that he suggested that people entering with a B-2 visa consider overstaying

a couple of months after 1-94 expired in order to reduce even more risk of being considered with Intent of Immigration.

Thought that was weird .....Is it worth being out of status for 2 more months, instead of filing before permit expires????

I came on a VWP not a B2 and stayed.... I would file for the AOS as soon as you can... Our lawyer advised us to file before the I-94 expired as that shows you do not want to be out of status... we were not asked about intent when we were interviewed for AOS and we were approved...

Kez