AOS for b1/b2 spouse with an approved I-130

[belinda63 3,051]

It would be up to the applicant to prove he had NO intent of staying when he came on the tourist visa. That may well be true but knowing it and proving it are two different things. The fact that he has an approved I-130 petition at the time he came to visit will cast serious doubt upon his intent. Immigration may see it just as he stated above, that the embassy process is too long and complicated and he decided to just "come visit and forget to leave".

No one can say what will happen we can only conjecture. My opinion is you already paid for the immigrant visa (for the most part) so why not do it the right way and not have to worry about any complications.

[sachinky 465]

My two cents, and only mine:

When you entered the U.S. you had a pending I-130 which CLEARLY states your immigrant intent. You also entered to visit your spouse. Immediate immigrant intent. You were let in at the POE in good faith on the understanding that you would return at the end of your visit. I can't see you arguing your way out of his. Just cannot. Some people have spontaneous weddings, some have changed circumstances. You have neither of these things. Yeah, the waiting is tough, we get it. While plenty of people AOS off B-2s without any hiccups, I've never heard of a successful AOS with a CR-1 already in the works. I doubt too many people would even think to try it. You can be the first and be sure to let us know how that goes.

Material misrepresentation carries a lifetime ban, FYI. Feel free to spend the $1010 and apply for a AOS. Know that there is no appeal if it is denied. Hard to say how that would impact your I-130 case. You can consult with a lawyer, if you so wish.

Good luck!

[capivzla 6]

On 6/3/2010 at 6:00 PM, divine_00 said:

Dear friends,

iam married for almost 2years now, my USC wife has filed a petition (I-130) for me to receive an Immediate Relative Immigrant Visa from the U.S. embassy in Jordan, and the petition has been approved and i was sent an approval notice.

currently iam in the states, i have entered the states through a b1/b2 visa with no intent to immigrate ( to do some exams and things like that ), accedently, i heared about the I-485 form, by which i can change my status from nonimmigrant to a permenant resident status.

can i use this form to permenantly reside in the states??? meaning that, can i change my b1/b2 status to a permenant resident status ???

P.S, i have read the instructions for I-485 form, and from what i have read, it appears that iam an eligible candidate for applying to an AOS through this form !!!

How did it go for you?. It's being 7 years after you submited this post.