B1/B2 tourist visa to AOS

[Ashraf_Sarah 0]

Dear Group,

I have been married to a US citizen for more than 2 years. I got my B1/B2 tourist visa while we are married and I have entered the US twice on this visa with no problems. We are having a baby this summer and we are planning to move to the US soon. Am I eligible to apply for AOS while I'm there in my condition? Should I mention my intends of AOS at the airport if they ask or is it not important?

Thank you.

[William33 110]

The conversion from B1/B2 is not allowed and rarely approved. Ideally, you should apply for DCF or CR-1.

Edited February 22, 2010 by William33

[Penguin_ie 5,996]

No, you are not allowed to AOS from a B1/ B2 to use this visa with a plan on immigrating and filing AOS is visa fraud and can result in a lifetime ban, don't risk it!

Since you say "we are planning". is your US citizen husband currently with you? If he has been living abroad with you legally for at least 6 months, he can file DCF (direct consular filing) for your spousal visa, which means everything gets handled by the embassy and is very fast (see my timeline, though it's a different country).

[payxibka 10,047]

The conversion from B1/B2 is not allowed and rarely approved. Ideally, you should apply for DCF or CR-1.

Not allowed and rarely approved? If it is not allowed then it would never be approved... Please cite the source of your info please

OP: You cannot intentionally use a non-immigrant visa entry to circumvent US immigration law.

Edited February 22, 2010 by payxibka

[Looftm 0]

We were at the border yesterday, and got a B2 Visa for my wife (Canadian citizen). We filed the I 130 last month. The strange thing is that the officer said to us that if she wanted to stay in the US, she could if we filled out the I 131, 539, and 485. He said not to quote him on it because we really shouldn't do that, but that from his perspective if you've been married to a US Citizen that this whole process is a mere formality (unless you're a criminal, etc.). We were quite surprised because we are not intending to go this course and usually the officers don't offer such information. I don't think he was trying to trap us or anything, and I checked up on the forms and indeed he is accurate.

I see a lot of posters in this forum that categorically state that you can or cannot do something. I was told that we could not get a B2 visa for my wife (from posters and also from customs officers). We did. And then a customs officer basically walks us through the process of going in as a B2 and adjusting status. So, I would say that yes, it is possible. I would also say to take people's postings with a grain of salt -- we are all feeling around here in the dark (and it is sad to say, but even the customs and consulate officers I have dealt with don't always know the rules - you just have to find the rare one who does know them).

Good Luck!

[Brother Hesekiel 2,236]

Not allowed and rarely approved? If it is not allowed then it would never be approved... Please cite the source of your info please

I know that you are not stupid, so why that stupid question out of the blue?

I'll answer it for the poster.

Although it is not allowed to adjust status from B1/B2 to resident for someone who planed this in advance, the AOS is sometimes approved nonetheless because the I.O. at the AOS interview doesn't make intent an issue.

[payxibka 10,047]

I know that you are not stupid, so why that stupid question out of the blue?

I'll answer it for the poster.

Although it is not allowed to adjust status from B1/B2 to resident for someone who planed this in advance, the AOS is sometimes approved nonetheless because the I.O. at the AOS interview doesn't make intent an issue.

Question was not out of the blue... cite an example where intent was the issue resulting in a denied AOS.....

Edited February 22, 2010 by payxibka

[belinda63 3,041]

According to the law a visitor's visa is for visiting not immigration. To legally, by the book and the law, immigrate and file for AOS you must file for a spousal visa.

Is this always enforced? no

Is it legal to enter on a tourist visa with the intent to immigrate? no

Is this law always enforced? no

You would be playing a big game of roulette with your life. If your intent to immigrate on a tourist visa became an issue at any point you would be risking a life-time ban to the US.

[sachinky 465]

Using a non-immigrant visa for immigrant purposes with prior intent is visa fraud. Just saying.

It's your life, I'm sure you will make the best decision for yourselves. Good luck.

[Ashraf_Sarah 0]

Hi everyone,

Thanks so much for the help you've given so far!

I want to add that when I applied (and was granted) the B1/B2 I was already married to my American wife and stated that fact both on the application and in the interview. Both times I entered the US they asked if I had family in the US and I answered truthfully that yes, I have family and was going to visit them. I also told them that I am married to an American. They did not seem at all concerned about this.

I applied for the B1/B2 visa originally to go to a short-term university course and visit my wife's family. Can they really charge me with fraud now? I went to the US for that reason and came back. I went again for another program (on the same visa) and came back. What if when I enter the US this time I tell them that I'm planning to immigrate? Would that make it harder for them to charge me with this?

The problem with the DCF is that it is not possible to do this in my country. Palestine is under occupation and, unfortunately, there is no way for my wife to be a "legal resident" here. Basically, she's been a "tourist" in this country for almost three years. We have talked to the US Consulate here and they said there is no way to do this unless she is a legal resident (an impossibility). Also, the Fiance visa takes a very long time from here. I have a few friends who have been in processing for this for 10 months or more. I am scared to start this process and be stuck. Also, wouldn't applying for a "fiance" visa when you've been married for three years count as fraud, too?

I'm pretty sure I've seen cases on this forum of people who did AOS from a B1/B2 visa. If anyone has done this, can we be in touch?

Thanks again.

[john_and_marlene 162]

What if when I enter the US this time I tell them that I'm planning to immigrate?

You would be denied entry.

[sachinky 465]

Why can't you apply for a CR-1? If DCF and K-1 (obviously) are out of the question?

Yes, plenty of people have adjusted their status from B2s but those were mostly people who entered the U.S. without any immigrant intent and had a spontaneous wedding or such and decided to stay on the spur of the moment. You can NOT enter with the INTENT TO IMMIGRATE by via AOS. THAT is illegal.

[Laura & Kyle 16]

Dear Group,

I have been married to a US citizen for more than 2 years. I got my B1/B2 tourist visa while we are married and I have entered the US twice on this visa with no problems. We are having a baby this summer and we are planning to move to the US soon. Am I eligible to apply for AOS while I'm there in my condition? Should I mention my intends of AOS at the airport if they ask or is it not important?

Thank you.

I think it would be better to go as a tourist with your wife and look at possibilities for moving but nothing planned out for sure (you know, moving can be difficult and time consuming). Saying that, if you found the perfect apt/house and everything else fell into place, then you can try adjusting through the B1/B2 tourist visa if you know for sure you wanna stay and want to try the adjustment process out knowing the risks.

People are correct that the forms/law currently point out that the B1/B2 is not supposed to be used for AOS. However, if you came without intent and then adjusted, it is "legal".. We are in the loophole generation...

Good luck on your decision, Ashraf_Sarah. I hope some of those that successfully adjusted from B1/B2 get back to you through PM.

The kind of replies this post is getting makes me cringe, and it makes me wish the Work, Student, & Tourist Visa Adjusters had a protected forum to go to get actual information feedback without those who scream to go back back and do K1/CR1.

[Boiler 45,923]

The kind of replies this post is getting makes me cringe, and it makes me wish the Work, Student, & Tourist Visa Adjusters had a protected forum to go to get actual information feedback without those who scream to go back back and do K1/CR1.

Absolutely

If you turn up with your cat an all your worldly belongings expect to be on the next plane back.

Edited February 22, 2010 by Boiler

[William33 110]

Post violating the Visa Journey TOS deleted and those quoting/referencing it.