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

[STEPHnRIA 2]

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.

well, this is fact- my sister came here in the US using B1/B2 visa. She was given 6 months then extended for another 6 months because she was looking for schools- (she is into culinary arts). Applied for student visa and was appoved (2 years). She met someone (USC) and got married when she got pregnant. They just had their interview and greencard is on its way now. My sister still goes to school.

Me? I took the K1 route even when I have my multiple B1/B2 visa good for 10 years. Im not jealous of my sister. Im happy for her.

I asked her what was asked during the interview. She said they asked her her husband's birthday and the gender of their baby and when is she due to give birth. And that's it.

[britta 0]

I think a big part of the issue is not can you ever adjust from a VW or B2 visa, but are the circumstances of the case plausible to make it seem like a natural progression and not an intent to circumvent the immigration visa process. Coming over for a long period of time, getting pregnant, etc, all would indicate that the person came over with an intent to visit and unforeseen circumstances came up. Coming over and quickly marrying someone you've had a previous relationship is a bad idea, and likely to be viewed suspiciously. From my reading of case precedent Matter of Cavazos,

1) coming over on a tourist visa with an intent to marry IS visa fraud, BUT 2) can be overlooked at the discretion of the judge, especially if there are mitigating circumstances, (e.g., children born, etc. as was the case for Cavazos). In other words, it is a problem (and actually is illegal), but it is one that can be overlooked if the authorities are feeling amenable. If not, there are serious consequences, including an up to life ban from the US. Sure, you could get lucky, but it seems like an awfully high risk. Obviously, you should do what is right for you, but think carefully about it.

[sasaqlain 24]

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.

There are many posts here where age and race has been a major deciding factor. The boy just came out of High School. I would take that factor into consideration. It doesn't matter if she is australian. This is the United States Of America. Every other country is a high fraud country.

Edited February 11, 2010 by saspk

[*julez* 124]

There are many posts here where age and race has been a major deciding factor. The boy just came out of High School. I would take that factor into consideration. It doesn't matter if she is australian. This is the United States Of America. Every other country is a high fraud country.

False! Completely and utterly false.

OP: I know of couples who successfully adjusted from VWP and had no issues whatsoever. He came over for a few months. Life happened so they got married. They did have to go to an AOS interview, but it was not difficult. Study the guides here on VJ for adjusting from VWP/B2 (someone posted a helpful link in an earlier post) and ignore the fearmongers.

[Boiler 46,073]

Most people I have actually met in person have come on the VWP or B etc.

Only one K.

And a B entrant can appeal a VWP can not.

I can not be bothered to correct all the other errors in this thread, there are far to many of them.

[*julez* 124]

Besides, if it were so awful, risky, dangerous and illegal, would VJ have an entire forum devoted to it?

[m_ru 0]

"If your relative is already in the United States, he or she may apply to adjust status to become a green card holder (permanent resident) after a visa number becomes available using Form I-485."

from:

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

and:

'An immediate relative relationship allows you to apply on Form I-485, Application to Register Permanent Residence or Adjust Status, to become a permanent resident at the same time your U.S. citizen petitioner files Form I-130, Petition for Alien Relative."

from:

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

Keep in mind that

if you came to US on B2 with immigration intention is visa fraud!

if you didn't plan that, You should be OK.

It's up to You

Good Luck

:-)

[john_and_marlene 162]

Most people I have actually met in person have come on the VWP or B etc.

Only one K.

And a B entrant can appeal a VWP can not.

I can not be bothered to correct all the other errors in this thread, there are far to many of them.

It does get tiresome. If not for the thought that so many people get told that they face tremendous difficulty even when they have no other adverse factors and may end up going to the expense and separation of returning home and waiting for a visa, I would give up trying to expose the truth.

If you have other adverse factors you may be denied adjustment, but you'd be denied a visa for the same reasons. If you have done drugs, had DUIs, had EWI now or in the past, been deported, are in deportation proceedings, can't meet the financial requirements or marrying for the sole purpose of immigration you have huge problems with trying to adjust status or get a visa. But, if you don't have other adverse factors your chance of success is huge.

A short consultation with a good immigration attorney where you are totally honest about everything will give you a good idea where you stand. Unless you have a skeleton in your closet, you will be pleased with the attorney's advice.

[skidivawannabe 2]

False! Completely and utterly false.

OP: I know of couples who successfully adjusted from VWP and had no issues whatsoever. He came over for a few months. Life happened so they got married. They did have to go to an AOS interview, but it was not difficult. Study the guides here on VJ for adjusting from VWP/B2 (someone posted a helpful link in an earlier post) and ignore the fearmongers.

Very well said.

If you have the guts, go do it before your I-94 expires.

Everyone knows that it's "illlegal", but like I said, if your relationship is valid then you don't have to worry much. USCIS is more focused on catching sham marriages more than anything.

I know this is a family immigration forum, but how people decide to go about "uniting" their families is really none of our business. If some want to take the long and legal route, then well and good for you. If some visited the U.S and just decided they can't do without their partners and decide to get married and do the AOS, let them be. Yes, we can give them advice, educate them with the possible consequences, but at the end of the day, just "support" them in whatever they decide to do.

[federale86 0]

Yes, you can apply, but the USCIS reviews your application for many issues, including fraud. The fraud here being that your spouse used a B-2 non-immigrant visa to come to the U.S. Generally any such application by a non-immigrant is denied for fraud if the marriage occured soon after entry, or if the alien stayed close to six months in the U.S. without visible means of support.

Remember, just applying does not mean an approved application. It can result in a denied application.

[rsn 135]

Yes, you can apply, but the USCIS reviews your application for many issues, including fraud. The fraud here being that your spouse used a B-2 non-immigrant visa to come to the U.S. Generally any such application by a non-immigrant is denied for fraud if the marriage occured soon after entry, or if the alien stayed close to six months in the U.S. without visible means of support.

Remember, just applying does not mean an approved application. It can result in a denied application.

I can guarantee that you are basing this completely false assumption on zero evidence.

Could all future posters please review all posts in the thread and educate themselves a bit before they hit the submit button? Please?! Thanks!

[STEPHnRIA 2]

Very well said.

If you have the guts, go do it before your I-94 expires.

Everyone knows that it's "illlegal", but like I said, if your relationship is valid then you don't have to worry much. USCIS is more focused on catching sham marriages more than anything.

I know this is a family immigration forum, but how people decide to go about "uniting" their families is really none of our business. If some want to take the long and legal route, then well and good for you. If some visited the U.S and just decided they can't do without their partners and decide to get married and do the AOS, let them be. Yes, we can give them advice, educate them with the possible consequences, but at the end of the day, just "support" them in whatever they decide to do.

even if her I-94 expires, she can still adjust status. as they always say... everything is forgiven when you marry a USC.

[skidivawannabe 2]

USCIS investigates a whole lot of things - - fraud. FRAUD concerning the relationship, more than anything. Realistically speaking, who's to say that ALL K1 visa holders are in in bona fide relationships? USCIS will also look into that.

Is this your/your partner's first trip to the U.S? Did you/your partner go in with a 2 way ticket? How soon did you get married from the date of entry???

If I'm not mistaken, there's a poster who warned the OP about his case - -he entered on B2 and got married days after (did I get this correct?) and his case was denied. OF COURSE. He got married DAYS after. That clearly shows intent and it would be hard to disprove that. However if you got married say weeks or a month after, how can they possibly prove that you came with the intention to stay?

If this is you/your partner's first trip to the U.S? If it is, then it COULD be an issue. But if you/your partner has been traveling to the U.S for quite some time already then again, it would be harder to prove intent.

Like you said, you had no intentions of staying when you entered. So relax. You still have your IT with you? If so, then on the day of the interview, bring it, just in case they point out that issue - - which I seriously doubt.

even if her I-94 expires, she can still adjust status. as they always say... everything is forgiven when you marry a USC.

I know you can still adjust, but at least if he/she does it before her i-94 expires, she/he doesn't have to worry about another red flag. Besides, I wouldn't feel comfortable having and expired i-94 w/o a NOA in my hand.

[elmcitymaven 9,712]

Oh Jesus Christ, not this one again.

*sigh*

Not that anyone will give a damn about what I have to say, but guess what? As has been mentioned above several times by some very well-informed, and dare I point out, long-time members of VJ, it is not illegal to do this. If the circumstances fit your profile -- no intention, a life going on still in your home country -- you get to AOS. Guess what? For my first marriage, this fit MY profile. We came over to the US after my working holidaymaker visa for the UK expired. We got married, and began the AOS process after consulting with one of the best immigration attorneys in my home state. We ended up abandoning the AOS because a better opportunity arose in the UK, but we got pretty much to the end of the process. Were we nervous? NO! We had done everything right. We had nothing to hide.

As another poster said, I always wonder if those who are so quick to shout "GO HOME FRAUDSTER!!!" are jealous or ignorant. If you fit the profile, and only if you fit the profile, avail yourself of the correct process. Yes, this IS the correct process in these circumstances.

[STEPHnRIA 2]

In my opinion, all people who comes here in the US are presumed to have intention to stay. That's why there are people who were turned away at POE. The tourist visa doesn't guarantee entry in the US.

How do you prove one has intention to migrate anyway? Unless the POE officer can read minds...

Edited February 11, 2010 by STEPHnRIA