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

[sachinky 465]

Since you're married, you're no longer applicable for a K-1 visa which are for fiancees. You may apply for a CR-1 if you choose not to go the AOS route. If you're unsure about your decision, consult an immigration attorney. A denied AOS from a B2 cannot be appealed.

[lego_lego 0]

If I am denied an AoS, will that prevent me from filing a CR-1 later?

[sachinky 465]

No. Unless the denial was for misrepresentation of some sort. There's some ban or a waiver for that. I'm not sure, really. Some one more knowledgeable will chip in.

When did you get married? When did you enter the U.S?

[VanessaTony 3,567]

As previously stated, the best idea, especially given you came "with $300 and a bag full of clothes", is to leave and apply for a CR1 visa. This If you choose not to do this then please read this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2

Please note the STRONG warning at the top of the page. I will state it here though, if you are found to have committed fraud (and given your statement of being together for so long, it's hard to believe there was no immigration intent) then you risk a ban FOR LIFE for committing visa fraud. You also run the risk of spending a LOT of money fighting it, for lawyers and court fees (bail if you get locked up, I hear it's around $5000, sometimes more).

If you have lasted 2 years apart then another year (or less) won't kill you to do it the right way.

Honestly, I wish I'd done the CR-1 route as it means after it's all said and done, you'll have a greencard right away and be able to work. While it's processing you can get a job in Australia and save save save for your life together. He can call off his visit to Aus (unless he's never been, then he can still come and meet your family) and while the waiting DOES suck, it gives you a better foundation to start the rest of your lives. Say goodbye to family and friends etc.

The important thing is your husband needs to make enough to sponsor you (or find someone to joint-sponsor) and for a 2 person household the amount is $18,212.

Please think about it. If you want to stay, there IS a chance everything will be okay, but the risks in my opinion (and as you can read a lot of other peoples opinion too) is that the con's far outway the pro's. Plus right now you can't work. You can't work until you get your GC or EAD. Do you have the money right now to stay? Do you think there are things at home you need to take care of?

You are right, on applying for AOS your B2 visa is cancelled and you are relying on your AOS approval, and IF you are denied AOS then you will be given 30 days to leave. That means having the money for the flight, starting the process again from Australia.

Oh, and being from Australia doesn't really affect much, just means you're awesome

Edit - There are 2 main reasons for denial. They don't believe you have real marriage (or relationship), or they decide that you misrepresented yourself by claiming you were a visitor when you weren't. I don't know many people in trouble for the second but if it was the 1st, you could apply for the CR1. If it was the 2nd, you typically get a ban for life and you would need to apply for a waiver or something... It's just WAY risky to stay. It's totally possible you'll be fine, but in the event you're not. it's bad.

2nd edit - Welcome to VJ and please update your profile with country of beneficiary (you ) and the rest of the stuff. Please take the time to read the guides and other threads to get an idea of what to expect.

Edited February 11, 2010 by Vanessa&Tony

[sachinky 465]

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Edited February 11, 2010 by sachinky

[skidivawannabe 2]

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 !

Technically, it's illegal.

I guess it's frowned upon by a lot of VJ members, considering a lot of the members went through the K1/k2 process. But hey, it happens.

The burden of proving that you had no intent to marry and stay in the U.S lies on you. Then again, marriage is indeed unpredictable, right?? It just happens...Right?

USCIS may look into that, but as far as I know they are more concerned about the validity of the marriage, per se. If you and your partner have a valid, real relationship, then I don't see much a problem with what you plan to do.

I believe USCIS is on the look out for sham marriages more than anything. People with real relationships shouldn't really worry much. Worst case scenario is, the I-130 petition (petition for alien relative) WILL be approved BUT the AOS will be denied and you'll be forced to go back to your home country...Which isn't really a PROBLEM if your relationship is REAL. Also, if worst comes to worst comes to worst you can apply for I-601 (???) or the waiver of inadmissibility.

Is your partner working or still in school???? Is his/her income at least 19K/annum??? If he/she is unemployed or her income is below the minimum requirement (roughly 19k), then that could be a problem. I know she could get a co-sponsor but honestly, I think that it's best that her income alone can support the both of you.

Good luck :-)

[lego_lego 0]

We have talked it over, and although my husband is game to try the Aos, I have decided I will go back to Australia and we will take the CR-1 route. Even though he is in school still and wont have the 19k for support, I want to take the safer option.

Is there any way I can demonstraight that I can support myself financially while applying for the Cr-1?

[sachinky 465]

Unless your income will continue from the same source on moving to the U.S., the intending immigrant's income cannot be counted. I would check on the assets. It's your husband's income they are concerned with as he is the sponsor. Get a joint sponsor.

[sasaqlain 24]

You are 21 and your husband is 18. They'll grill you at the interview for that. Had it been the other way round, it wouldn't have mattered much. There is no timeframe. I came on a B-2, and got the married the day I landed. My experience: they were more interested if my marriage was legitimate. My daughter ruined the IO's dream to further look into that matter. The visa fraud issue was secondary to the IO. Seconly, my wife and I belonged to the same country and same caste. I don't think leaving a dog behind qualifies as an intent to go back. From what you shared with us, you might encounter some serious turbulence if you take this flight. And yes, you WILL get deported if the decision is against you, with a possible ban. The best advice is to go back and apply for a K visa.

Good Luck.

[lego_lego 0]

I came on a B-2, and got the married the day I landed.

And they did not grill you for this (regarding intent to marry when you entered) at the interview?

[Boiler 46,059]

Marry and adjust

Have a one time consultation with an immigration lawyer.

You will not get very many sensible responses on this site.

[edward toro 3]

Don't forget that you are able to visit your spouse while you are in the CR1 process. You can easy stay 85 days in the States go back for a short period of time and then comeback for another 85 days. There's nothing illegal in doing this as long as you don't work or study.

Tourist Visa is also good to visit family and friends in the States and your spouse is your family now.

bottom line go back, start the CR1 route and enjoy your future gold status in American Airlines

[rsn 135]

Marry and adjust

Have a one time consultation with an immigration lawyer.

You will not get very many sensible responses on this site.

There are a LOT of uninformed people on this site in regards to this matter who parrot the same incorrect assumptions. Very few people seem to understand this issue.

[Boiler 46,059]

Don't forget that you are able to visit your spouse while you are in the CR1 process. You can easy stay 85 days in the States go back for a short period of time and then comeback for another 85 days. There's nothing illegal in doing this as long as you don't work or study.

Tourist Visa is also good to visit family and friends in the States and your spouse is your family now.

bottom line go back, start the CR1 route and enjoy your future gold status in American Airlines

That is likely to end in tears.

[Lisa and Ian 7]

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..

Well, page 2, item K of the i-485 (http://www.uscis.gov/files/form/i-485instr.pdf) says that if you enter on VWP, then you can change your status if you're wanting to adjust because your related to a US Citizen. I would think the B-2 would be the same way, since you've got permission to remain in the country as a visitor, only longer than the VWP.

There is also this you can read: http://www.***removed***/greencard/adjustme...atus/index.html and this thread: http://www.visajourney.com/forums/index.ph...p;#entry3580920 where people have actually entered with B-2 visa and have successfully obtained their AOS.

Check with USCIS Customer Service number at 1-800-375-5283 if you're still unsure. From what I've read, it seems perfectly fine.

Edited February 11, 2010 by Snowbunnies