Still possible to get AOS?

[jessiejames 0]

I’m curious… is AOS still available to those who were already married before they came to visit on the B2 visa? Or must they have married and filed for AOS in the same visit?

I ask because my husband and I married in July (in America) when we intended to eventually settle in the UK. He was here on VWP. Now he’s been here on a B2 visa since October and because of changing circumstances (a baby on the way) we have decided that we want to stay here.

This shouldn’t work to our disadvantage, should it?

[sachinky 465]

YOU could try it. Hard to predict. You might be able to convince the IO that your circumstances and plans changed mid-way.

[sasaqlain 24]

Reading your story, I am positive you are eligible to apply. Good Luck.

[john_and_marlene 162]

I’m curious… is AOS still available to those who were already married before they came to visit on the B2 visa? Or must they have married and filed for AOS in the same visit?

I ask because my husband and I married in July (in America) when we intended to eventually settle in the UK. He was here on VWP. Now he’s been here on a B2 visa since October and because of changing circumstances (a baby on the way) we have decided that we want to stay here.

This shouldn’t work to our disadvantage, should it?

No problem. Just file the I-130 along with your AOS submission. Pay attention to the I-485 instructions about where to send them together--DO NOT send the I-130 separately.

[TracyTN 237]

^^

[jessiejames 0]

Thanks all for the reassurance.

[antda 13]

Hi Jessiejames,

Yes, VISITOR to AOS is perfectly LEGAL to do! (lol...I for one have done such...see my vj timeline...)

No, it's not illegal that you came to the US and get married while you were down here for a visit.

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was a similar situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

Hope this helps too..Good luck on your journeys too..

Ant

P.S. Congrats on the new baby! Good luck with that for the new year too! Oh and immigration-wise, I see this as an advantage for your case too...So yeah, that will definitely work well in your favour here...Lol..think of it as..."my husband has to stay because the baby has to stay...surely a child needs their father around, right?..."

I’m curious… is AOS still available to those who were already married before they came to visit on the B2 visa? Or must they have married and filed for AOS in the same visit?

I ask because my husband and I married in July (in America) when we intended to eventually settle in the UK. He was here on VWP. Now he’s been here on a B2 visa since October and because of changing circumstances (a baby on the way) we have decided that we want to stay here.

This shouldn’t work to our disadvantage, should it?

Edited December 31, 2009 by Ant+D+BabyA