Arrive in U.S with B-2 visa, got married, can I apply for AOS?

[lego_lego 0]

If I arrived in the U.S on a B-2 visa to visit my partner of 2 years without the intention of getting married, but decided too spontaneously, can I apply for 'Adjustment of Status' to stay?

What would I apply for exactly now that I'm married? Is there a time frame on how long I may be able to permanently reside and/or work here? Is what I did against the rules?

I am 21 and my partner is 18. Does this affect anything? My partner is a U.S citizen (born and lived here since birth).

Thanks !

Edited February 11, 2010 by lego_lego

[Matt&Cui 0]

If I arrived in the U.S on a B-2 visa to visit my partner of 2 years without the intention of getting married, but decided too spontaneously, can I apply for 'Adjustment of Status' to stay?

What would I apply for exactly now that I'm married? Is there a time frame on how long I may be able to permanently reside and/or work here? Is what I did against the rules?

I am 21 and my partner is 18. Does this affect anything? My partner is a U.S citizen (born and lived here since birth).

Thanks !

Really? No intent?

Ohh did this really happen or was this a hypothetical question?

[Matt&Cui 0]

It will be about you proving there was no intent to marry when you entered on the b2. Good luck

[lego_lego 0]

What method is it possible to prove that?

[Rhiannercakes 14]

~*Moved to Adjustment of Status from Work, Student, & Tourist Visas, it's more fitting there *~

You might want to read this as well:

http://www.visajourney.com/forums/index.ph...p;page=otheraos

[Audy_Rob 26]

What method is it possible to prove that?

There isn't really a method. You need to consider the circumstances yourself and determine whether you can reasonably show you entered the US with no intent to immingrate. I do not think you need to show there was no intent to marry. You need to show there was no intent to immigrate through marriage.

What makes it seem unreasonable to prove that is you had an existing 2 year relationship at the time you entered on the B-2 Visa and therefore that makes it highly likely you had the intent to immigrate through the marriage to your partner.

[VanessaTony 3,567]

If I arrived in the U.S on a B-2 visa to visit my partner of 2 years without the intention of getting married, but decided too spontaneously, can I apply for 'Adjustment of Status' to stay?

What would I apply for exactly now that I'm married? Is there a time frame on how long I may be able to permanently reside and/or work here? Is what I did against the rules?

I am 21 and my partner is 18. Does this affect anything? My partner is a U.S citizen (born and lived here since birth).

Thanks !

To answer honestly, no what you did isn't "technically" illegal. It IS however highly frowned upon by a lot of people here on VJ.

There are some who will say you need to prove "intent to not" immigrate. This isn't always the case as a spouse of a USC is usually forgiven such things. There has been a LOT of discussion this week regarding there is NO NEED to prove there was no intent, but some people have encountered a LOT of questions when they do these things. Read the other posts in the thread this was moved to which should help.

One ISSUE (there are a couple of issues) is if your matter is denied, then you have no recourse to appeal it whilst there and you will be deported. Honestly the best idea would be to return to Australia, finish your business in your home country (changing your name over, sending stuff over) and apply for a CR1 visa.

Your partner will need to prove he is able to support you at 125% of the current federal poverty level.

Age is irrelevant mostly.

Edited February 11, 2010 by Vanessa&Tony

[JimVaPhuong 4,863]

If I arrived in the U.S on a B-2 visa to visit my partner of 2 years without the intention of getting married, but decided too spontaneously, can I apply for 'Adjustment of Status' to stay?

What would I apply for exactly now that I'm married? Is there a time frame on how long I may be able to permanently reside and/or work here? Is what I did against the rules?

I am 21 and my partner is 18. Does this affect anything? My partner is a U.S citizen (born and lived here since birth).

Thanks !

Ok, I have to ask this, since you said "partner" and not "husband" or "wife". Is this a same sex marriage? If so, then the answer at this point in time is "no". There are no immigration privileges for same sex partners. That may change in time, but for now that's the law.

If this is not a same sex marriage, then you and your "partner" may petition to get you a green card based on the marriage. You will have to convince USCIS that you did not intend to marry when you entered using your visitor's visa. If USCIS doesn't buy your explanation, then you could potentially face a ban from the US for visa fraud. Marriage to a US citizen is certainly the fast way to immigrate to the US, but doing so without a spousal visa carries significant risk.

USCIS is going to look at numerous factors, including the facts surrounding your entry to the US. Did the CBP officer ask why you were visiting the US, and what did you say? Were you subjected to a secondary inspection and interview? How long were you in the US before you married? There is anecdotal evidence that a short time between entry and marriage may result in an automatic denial by USCIS. For this reason, some immigration attorneys recommend waiting at least 60 days after entry before marriage.

Unless you apply for an adjustment of status, your legal status in the US expires when the I-94 in your passport expires. Getting married doesn't automatically reduce or extend your period of stay.

Your ages are irrelevant, providing you are both old enough to marry in the state where the marriage took place.

[lego_lego 0]

I arrived in the U.S with nothing but about $300 and a bag full of clothes. I had absolutely no intention to marry until I was at least 25, but things happen.. It's been a whirlwind 2 months and now, believe it or not, I'm married. I'm concerned about this, however I know that I have done nothing wrong.. It sucks that we need to be treated like criminals just becuase we want to marry and be with our loved ones, but I understand it too.. safety is important...

Anyway here I am, I'm married and I want to reside here with my spouse. What is the AoS process, at which point will I have to show that I had no intention or marriage upon entry?

Thanks for the replys..

[Matt&Cui 0]

There isn't really a method. You need to consider the circumstances yourself and determine whether you can reasonably show you entered the US with no intent to immingrate. I do not think you need to show there was no intent to marry. You need to show there was no intent to immigrate through marriage.

What makes it seem unreasonable to prove that is you had an existing 2 year relationship at the time you entered on the B-2 Visa and therefore that makes it highly likely you had the intent to immigrate through the marriage to your partner.

Correct

[lego_lego 0]

if your matter is denied, then you have no recourse to appeal it whilst there and you will be deported.

Can I be deported even though my B-2 is still active? If I apply for AoS and it doesn't work out, I can't just leave the U.S and return home to file for a K-1/K-2/Cr-1? Thanks

this is not a same sex marraige, I am a woman, he is a man.- also I am from Australia, does that change anything?

Edited February 11, 2010 by lego_lego

[lego_lego 0]

You need to show there was no intent to immigrate through marriage.

Surely the fact that I entered with nothing but a few hundred dollars and clothes shows that I was coming here for a trip to see my partner. Also my return flight (which I will lose, of course, if I stay) says something?

What makes it seem unreasonable to prove that is you had an existing 2 year relationship at the time you entered on the B-2 Visa and therefore that makes it highly likely you had the intent to immigrate through the marriage to your partner.

We had only been able to meet 3 separate times before this (For months at a time, though)... This was our forth. We even had plans for him to visit Australia again late this year, but due to our marriage we know have decided we want me to simply reside here so we can start our lives together.

Edited February 11, 2010 by lego_lego

[lego_lego 0]

I'm starting to think it's best to return home and do the whole K or CR visa if there is a serious risk of getting banned for trying to file for AOS

about these several posts; there seems to be a 2 minute edit limit on here

Edited February 11, 2010 by lego_lego

[Hell0W0rld 10]

it's a gamble, they may or may not know if you had intent or not, but consequences are pretty bad. You are an adult, if you think it's right then stay and adjust status if not go home and file for CR-1, you'll only be apart for 6-8 months but this is the right road to take... you came here with minimal amount of cash, who comes to America to travel with only $300 bucks in their pocket and as you stated with a bunch of clothes, kinda like your "moving". In my opinion these are two red flags that you had intent of coming here and don't plan on going home anytime soon...

[lego_lego 0]

I see it as opposite, I stay with him and get money put into my card from back home. If I was planning to move I would have bought everything and my dog (which, quite frankly, is going to be the hardest part of moving if I have to say goodbye to her!) We've already the done the whole Disney World/Tourist thing, this time was just about being together... It's almost unbearable to part for months at a time, as I bet all of you understand..

Edited February 11, 2010 by lego_lego