Filing options w/ b2 visa

[dancehallquana 5]

Question:

If your SO holds a B2 visa would it be possible to get married in the US and there be a simple AOS process or would u still need to file for the K1 first and then marry? Just trying to see if the visitor visa would change things in any way.. thanks

[KimandRuss 0]

As long as there was no intent upon entry with a valid visa and there are no residency restrictions (some J visas) you can marry and adjust status.

Good luck.

[sus 70]

quana, you might want to read this topic:

http://www.visajourney.com/forums/index.php?showtopic=128499

Lots of strong opinions there

[Cécy 44]

Well I married while on a B2 and applied for AOS right after. I had no plan however to get married and applyf for a green card upon entry, I just wanted to be with my boyfriend and find a way to be together somehow.

So yes it is possible. Read the other threads on this section of the forum to find out how to do things.

[dancehallquana 5]

quana, you might want to read this topic:

http://www.visajourney.com/forums/index.php?showtopic=128499

Lots of strong opinions there

thanks sus.. i guess people that had the intent and went around the system have people really burned up and I can understand why.. it just seems to me that someone lucky enough to have a visitor visa and meets and wants to marry someone shouldn't feel guilty about doing something they are "legally" able to do IF the intent wasn't there in the beginning.

i didn't even know there was a such thing as going directly to the AOS processing and that is y I asked..

THANKS AGAIN GIRL!!!

[dancehallquana 5]

As long as there was no intent upon entry with a valid visa and there are no residency restrictions (some J visas) you can marry and adjust status.

Good luck.

appreciate the info..

Well I married while on a B2 and applied for AOS right after. I had no plan however to get married and applyf for a green card upon entry, I just wanted to be with my boyfriend and find a way to be together somehow.

So yes it is possible. Read the other threads on this section of the forum to find out how to do things.

thank u, good to know someone went through it.. i had no idea it was even possible.. I thought even though u had the b2 u would still start from scratch..

[boyette&boots 0]

I am also holding a B2 visa and currently processing AOS. I am set for interview with my husband next month. Hopefully, everything turns out well. Does anyone here knows how an interview would go especially with this kind of situation. Thanks!

Well I married while on a B2 and applied for AOS right after. I had no plan however to get married and applyf for a green card upon entry, I just wanted to be with my boyfriend and find a way to be together somehow.

So yes it is possible. Read the other threads on this section of the forum to find out how to do things.

[sus 70]

thanks sus.. i guess people that had the intent and went around the system have people really burned up and I can understand why.. it just seems to me that someone lucky enough to have a visitor visa and meets and wants to marry someone shouldn't feel guilty about doing something they are "legally" able to do IF the intent wasn't there in the beginning.

i didn't even know there was a such thing as going directly to the AOS processing and that is y I asked..

THANKS AGAIN GIRL!!!

No problem girl, and trust me I get it - If I could find a loophole to the this waiting game I am stuck in, I can't honestly say that I wouldn't jump at the chance!

[eric_and_teresa 10]

thank u, good to know someone went through it.. i had no idea it was even possible.. I thought even though u had the b2 u would still start from scratch..

I don't mean to step on anybody's toes here BUT since you are asking if you can get married and apply for AOS after getting married on a B-2 I assume YOU DO HAVE INTENT to do this prior entering the U.S., therefore you DO have to start from the scratch. Unless your SO is already in the States using a B-2.

Lots of people go through it, many did have intention to immigrate using the B-2 and others didn't, like some of the posters above. The fact that others did it, does not make it LEGAL for everyone else to do it. Especially, not for those who are already planning to use this shortcut with ALL the intention to enter the U.S. to get married AND remain permanently.

Edited July 4, 2008 by eric_and_teresa

[rebeccajo 14]

Well I married while on a B2 and applied for AOS right after. I had no plan however to get married and applyf for a green card upon entry, I just wanted to be with my boyfriend and find a way to be together somehow.

So yes it is possible. Read the other threads on this section of the forum to find out how to do things.

Ah. The ever-sought-after 'boyfriend/girlfriend' visa.

There is no such thing. I looked for it too.

If you have intent to permanently reside in the US and you declare otherwise at a port of entry, this is misrepresentation. Misrepresentation is the most serious charge which USCIS can levy against an alien and will earn you a lifetime ban from the US.

So, even if you just want to be together (permanently and in the US) that is intent to immigrate and crossing a border under the guise of a visitor is misrepresentation.

[bluegreen 0]

Well I married while on a B2 and applied for AOS right after. I had no plan however to get married and applyf for a green card upon entry, I just wanted to be with my boyfriend and find a way to be together somehow.

So yes it is possible. Read the other threads on this section of the forum to find out how to do things.

Ah. The ever-sought-after 'boyfriend/girlfriend' visa.

There is no such thing. I looked for it too.

If you have intent to permanently reside in the US and you declare otherwise at a port of entry, this is misrepresentation. Misrepresentation is the most serious charge which USCIS can levy against an alien and will earn you a lifetime ban from the US.

So, even if you just want to be together (permanently and in the US) that is intent to immigrate and crossing a border under the guise of a visitor is misrepresentation.

According to all my research, "intent" is assessed based on your intentions at entry for that particular visit. My then-fiance and I had intent to eventually move permanently, probably to the US (possibly Canada but we knew the US was a very strong possibility in the future too). However, when I entered for THIS visit, my intent was to visit only. Obviously, since we were already engaged, we had intent to immigrate somewhere at some point, unless we wanted to be apart forever....

Also, people who are already married have immigrated this way lots of times too. As long as they did not intend to stay when they entered on THAT particular visit.

[EstebanTrabajos 7]

Completely agree w/you. As I've seen, there is a lot of people resented about the fact that some of us have been able to receive the green card w/o the need to file for a fiancee's visa. Hey! I've already had my share of process while I applied for my tourist, and student visa back in the days, so if the possibility is there and it's legal, I don't know why not to use it as long as you are not breaking any laws and/or lying.

To each his/her own

Edited July 6, 2008 by GueraYTavo