Any B-1/B-2 who has had any experience in filing I-130/ I-485 in the US?

[sasaqlain 24]

Just wanted to check if there are any B-1/B-2 visitors who have any experience in filing the I-130/I-485 in the US on their non-immigrant status and would like to share it with me. I have filed the I-130 and my wife is a USC. Your input would be appreciated.

[carmie and aldo 0]

Hello

I adjusted from a B1/B2 visitors visa, the only thing that i dont know its that its the same concept as mexicans... we get like a "green card" type of thing but its the visa itself (mexican border crossing card)

Evrything is going smoothly so far thank god!

question??

why did u just send the I-130... and not the whole adjustment of status procedure (ie I-485, 1-130, 1-765, 1-864, G-325A etc)

[sasaqlain 24]

Hey!

Thanks for the reply. I know, we should have filed the whole package together, but i lacked certain documents and wanted to get the process going. I am about to submit the I-485. The I-130 check has cleared, and thus am waiting for the NOA1 to be attached to the I-485 for proof. Everybody has a different experience when it comes to such submissions. I just wanted to know about various scenarios and whether i will have complications during interviews since I am applying for AOS from a B-1/B-2. Am not going for a Lawyer since there is no need, as I have a genuine case and am sure would be able to satisfy the interviewing officer.

[Maad 0]

Hey!

Thanks for the reply. I know, we should have filed the whole package together, but i lacked certain documents and wanted to get the process going. I am about to submit the I-485. The I-130 check has cleared, and thus am waiting for the NOA1 to be attached to the I-485 for proof.

This is my exact story.

B2 -> I-130 then I-485

So far so good.

Read my timeline.

Good luck!

Edited December 7, 2008 by Maad

[sasaqlain 24]

Hey Maad. Thanx. Your Timeline and reply was helpful. Best of Luck and my prayers with you. Just one more thing. In your I-130 case, was the petitioner interviewed? I am glad to see you got your approved in a short span of time.

[bluegreen 0]

Hey Maad. Thanx. Your Timeline and reply was helpful. Best of Luck and my prayers with you. Just one more thing. In your I-130 case, was the petitioner interviewed? I am glad to see you got your approved in a short span of time.

You won't have an 1-130 interview. You will have one interview, your AOS interview. The 1-130 and the I-485 are adjudicated concurrently, one taking into account the other. Both parties must of course attend this interview. I'm not sure that sending the two packages separately does really speed up your process, since they are kind of dependant on one another.

I adjusted from an (implied) B2 status (Canadians don't get usually get physical B2 visas, but our visitor status is assumed to be B2). It was smooth! Good luck!

[Maad 0]

Hey Maad. Thanx. Your Timeline and reply was helpful. Best of Luck and my prayers with you. Just one more thing. In your I-130 case, was the petitioner interviewed? I am glad to see you got your approved in a short span of time.

No. My wife is the petitioner and all she got it was the NOA1 (in 7 days) and the approval notice few weeks later.

[Johnnie J 0]

Mine too, check my timeline..

[sasaqlain 24]

Seems like the the law does permit B-2/B-1 holders to adjust status based on marriage. Then how come many here make it sound as it one has committed a crime. I have read forums on various other websites too. The USCIS allows it too. As long as you have entered legally, one has a shot at it. I was getting confused for no reason. Nobody said, its gonna be a walk in the park, but its commiting visa fraud, unless it is. And that is the what the USCIS officials get paid for, to find out.

My confusion is that after having the I-130 approved, should I go back to my country and have the I-485 filed then or should I stay put and file AOS from here. Any suggestions?

I thank all who have contributed their comments and shared their experiences. More are welcome.

[Maad 0]

My confusion is that after having the I-130 approved, should I go back to my country and have the I-485 filed then or should I stay put and file AOS from here. Any suggestions?

That depends on what you put in the I-130.

If you told them that the beneficiary is in the states, you should be in the states.

If you ask them to send approval to the State Department you need to be abroad.

If you are in area opposite to the requested one you will need to file form I-824, pay $340 and wait another several months for approval (priceless)

You will be much better of and faster when you are after I-130 approval at address you put in I-130, section C line 2.

Does it all make sense?

[sasaqlain 24]

Thank You Maad! I am the benificiary. And i put my wife's address in the US where i reside now. So, it means, as per you last post, that I have to stay put and file for the I-485 from this address. Do keep in mind that I am on B-2 Status here. Dont know how the USCIS officials will reach to my AOS filing.

[bluegreen 0]

Seems like the the law does permit B-2/B-1 holders to adjust status based on marriage. Then how come many here make it sound as it one has committed a crime. I have read forums on various other websites too. The USCIS allows it too. As long as you have entered legally, one has a shot at it. I was getting confused for no reason. Nobody said, its gonna be a walk in the park, but its commiting visa fraud, unless it is. And that is the what the USCIS officials get paid for, to find out.

My confusion is that after having the I-130 approved, should I go back to my country and have the I-485 filed then or should I stay put and file AOS from here. Any suggestions?

I thank all who have contributed their comments and shared their experiences. More are welcome.

Because it is a confusing process and not everyone understands it. Also because many here have had to endure very long painful separation from their partners and it does not seem fair/possible that we were lucky enough to be able to adjust this way. Also, because this is a public forum and it is important to not make light of the risks associated with adjusting this way (there are lots). I kind of take it with some understanding, because I know I was fortunate not to have to go through such a long process. Those people who are careful, thorough planners by nature seem to get the short end of the stick when it comes to immigration. Because I came for a visit and changed my mind, my process was a full 6-8 months faster, and I can see how that seems unfair to some:)

As long as one has entered legally WITHOUT THE INTENT to adjust status and immigrate. Does seem to be a grey area for many:)

Most people who file from B2 with while residing in the US file both petitions concurrently. You should file your I-485 asap. It will make your process faster—you certainly do not need to wait for your I-130 to be approved. And you should actually NOT leave the US if you are residing here.

[sasaqlain 24]

Thank You Bluegreen. I think i am fully satisfied with your answer. Time to move forward and leave the rest to fate and preperation:)

[bluegreen 0]

Yep! I'm sure it will be fine:) Don't tell anyone, but I actually kind of enjoyed doing the paperwork. I have no idea why. It was very satisfying to make that huge, organized package, send it off, and then see it on the adjudicator's desk at the interview when I got approved. It really felt like I had accomplished something! So glad I did it myself—you will be too.

[Cécy 44]

I filed from a B2 as well.

It was a long process due to a huge backlog in 2007. We of course had to have an interview. It went well no tricky questions or anything.

If you're honest and have no past immigration fraud there is no reason why it shouldn't go well.

You can check my time line for more details on our process.