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

[Boiler 45,922]

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

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.

The famous mis information line....

Check with an immigration Lawyer

[john_and_marlene 162]

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.

Yes, the same topic comes up often and people still propogate this mountain of misinformation about how they'll have to prove their intent.

If the marriage is to a US citizen, then unless you have some factor other than your method of entry that would prevent you from adjusting status, you will be successful.

Edited February 11, 2010 by john_and_marlene

[Bobby+Umit 161]

Yes, the same topic comes up often and people still propogate this mountain of misinformation about how they'll have to prove their intent.

If the marriage is to a US citizen, then unless you have some factor other than your method of entry that would prevent you from adjusting status, you will be successful.

Concur.

[JERIII 8]

Concur.

Absolutely agree.

[sachinky 465]

No one here on VJ is a qualified attorney. Each guess is good as any. So stop calling someone else misinformed just because they have different opinions regarding an issue. Can it be done? Sure. Is it worth the risk? That is upto you to decide.

Edited February 11, 2010 by sachinky

[rsn 135]

No one here on VJ is a qualified attorney. Each guess is good as any. So stop calling someone else misinformed just because they have different opinions regarding an issue. Can it be done? Sure. Is it worth the risk? That is upto you to decide.

1. The fact that someone is an attorney does not make them correct. How many times have we heard of immigration attorneys who are 100% wrong on immigration issues?
   
2. I didn't say anyone was misinformed, I said they were uninformed.
   
3. This issue does not require opinions, it requires facts.
   

[sachinky 465]

Here's the thing. As a spouse of a USC, a lot of things are "forgiven" -- including case law that states that an AOS cannot be denied based on prior intent. But you'll never be able to convince me that IOs always follow the law given that applicants themselves break and find loopholes in the law. This just cracks me up. You really think IOs are going to follow every law to the T when they have a very good feeling the person sitting in front of them is breaking the law and/or lying? A lot of this is arbitrary. It's up to the IOs discretion -- who's to say he doesn't buy the spontaneous wedding story but since he can't deny based on that, he finds a perfectly valid and legal reason like lack of bonafide relationship. For example, legally visas cannot be denied on factors such as age, looks, weight, economic status etc, but they often are, under well worded reasons and other guises. Even though those questions are technically discriminatory, they come up time again.

Just my two cents. I'm not interested in debating this any further, this topic gets real old, real fast.

[john_and_marlene 162]

I did not base my response on my opinion, although many have.

[Hell0W0rld 10]

how come every thread on this site needs to have debate to see who is right or wrong, who can actually promise and guarantee anything... this site is really getting lame and thats IMO...

[sachinky 465]

The OP has been made aware of the pros and cons of the situation. I'm sure she and her husband will take the route which is best for them.

Good luck.

[john_and_marlene 162]

how come every thread on this site needs to have debate to see who is right or wrong, who can actually promise and guarantee anything... this site is really getting lame and thats IMO...

I think it's one of two things. Either people are jealous if they think someone else may have an easier time than they had or they just don't know what they are talking about. That's my opinion.

[edward toro 3]

HOLD ON PEOPLE! BE CAREFUL!

If you stay and adjust, you will not be apart of your love one. You will be together while in the process.

There's a chance that your petition will be denied with NO right to appeal. You have a higher chance to succeed; however, you are taking a risk small but a risk and you maybe deported.

If you fail, the consequences are:

You will have to go to the CR1/ IR route anyway. This process takes to complete and average of 8 months to one year. But, since you already started a AOS before, this will delay your case (2-3 months) you will have to present 2 waivers not so easy to get approved but not impossible to achieve. They will not let you to travel under the VWP any more. There's no visa fraud because you are not doing visa fraud you married your spouse without pre-arrangement.

If you go now and start a CR1/IR1, you will have to wait 8 months to 1 year for this process to complete. You will be able to travel under the VWP. There's no waiver involve because you didn't overstay. but your time together will be very limited.

This is the information YOU need to know.

It's your decision. Remember you are taking a risk if you stay. A large number of people here went to the K, CR/IR route.

I have been apart of my wife for almost 4 years because of a BAD decision. Very similar to the one you are about to take right now. So, I have been there. I'm filling 2 waiver, I had to wait for a 3 year ban, and I lost thousands of dollars while in the States trying to adjust. I took the risk it didn't work for me. Now you have the opinions of two sides. The one that went through and the one that didn't.

If any body else here has been through this kind of situations your advices is required.

Edited February 11, 2010 by edward toro

[HeatDeath 430]

how come every thread on this site needs to have debate to see who is right or wrong, who can actually promise and guarantee anything... this site is really getting lame and thats IMO...

Debate is good. I learned a lot more when I was going through the process from watching informed opinions verbosely disagree than from 100 people parroting the same 2 word answer. It shows you all of the issues surrounding your question.

To the OP's question: AOSing from a VWP entry is not illegal. It is however, unofficially (and heavily) frowned upon by every federal agency you will deal with in this process. USCIS only grudgingly accept it, given their case law and precedent. State don't really have an opinion since all they do is issue visas, though they're not fans, but CBP really, really, really HATE it. It is therefore a very risky course of action, since it has less recourse to appeal should an IO decide to make an issue (either officially, or unofficially, as described above) of it, and the possible consequences of denial are much harder to overcome than the possible consequences of denial of an AOS from a K-1, for example.

AOSing from a VWP entry is legal, but something being legal does NOT mean that it's a good idea. It's a significant amount of unneeded risk, concerning something (your future life with your spouse) that is FAR too important to risk without a REALLY good reason. Best to do it properly.

[sasaqlain 24]

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

Nope. There is nothing wrong in getting married while on a B-2. Its the intention to adjust status that is questioned and categorized as visa fraud. I have been making trips to the US since 1993. I didn't even know my wife when I last got a multiple visa. They had no reason to question me on that front atleast. Know this, they evaluate each application according to the circumstances provided to them.

[VanessaTony 3,567]

Nope. There is nothing wrong in getting married while on a B-2. Its the intention to adjust status that is questioned and categorized as visa fraud. I have been making trips to the US since 1993. I didn't even know my wife when I last got a multiple visa. They had no reason to question me on that front atleast. Know this, they evaluate each application according to the circumstances provided to them.

Also, FYI, they honestly wouldn't question the OP on her age or the fact she's older than him (as you suggested in your previous reply). They might suggest they're too young to get married (even though it's not their right to judge) but they wouldn't look twice at them for it. Especially as she's Aussie and Australia is not considered a high-fraud country.