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desertrose

Adjustment of status from B1/B2

By desertrose in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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desertrose Rookie

desertrose   0

Posted
Filed: Timeline
Posted

Hi Everyone,

I would really appreciate if anyone can help me out. I am Indian citizen first entered US in Aug. 2003 as J-1 exchange visitor after 4 months returned to United Kingdom as I was student there. I applied for a B2 visa in Nov. 2004 and received a multiple 10 year of B1/B2 since then made two visits to US in 2004 and 2005

I got married to my girlfriend (I know her from last 10 years) in Jan. 2005 in United States and came back to U.K. again. At the time of marriage she was Green Card Holder, she is became a US citizen last month e. Now I am returning to USA to join her, I want to apply for Adjustment of status over there.

Is it possible to apply for Adjustment of Status while in USA on B1/B2 ??

Does it have any disadvantages ?? or will it make my case more complex as I got married to her on a tourist visa ( well marriage was certainly unplanned!!!)

and will I be allowed to stay there for longer than 6 months while my case is pending??

I will really appreciate that if any1 could help me [/size] [/size]

diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted (edited)
Hi Everyone,

I would really appreciate if anyone can help me out. I am Indian citizen first entered US in Aug. 2003 as J-1 exchange visitor after 4 months returned to United Kingdom as I was student there. I applied for a B2 visa in Nov. 2004 and received a multiple 10 year of B1/B2 since then made two visits to US in 2004 and 2005

I got married to my girlfriend (I know her from last 10 years) in Jan. 2005 in United States and came back to U.K. again. At the time of marriage she was Green Card Holder, she is became a US citizen last month e. Now I am returning to USA to join her, I want to apply for Adjustment of status over there.

Is it possible to apply for Adjustment of Status while in USA on B1/B2 ??

Does it have any disadvantages ?? or will it make my case more complex as I got married to her on a tourist visa ( well marriage was certainly unplanned!!!)

and will I be allowed to stay there for longer than 6 months while my case is pending??

I will really appreciate that if any1 could help me [/size] [/size]

One can adjust status from a B1/B2, but not if you entered the country on that visa with the preconceived notion of remaining to adjust. You could apply for a K-3 or a CR-1, however.

Edited by diadromous mermaid

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Immigrant Apprentice

Immigrant   0

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

Hi There,

Yes you can file for Adjustment of Status while on a B1/B2 visa.

You can also file for Employent Autherization while you wait.

If your visa is not expired at the time of filing you can apply for

Advance Parole to allow you re-entry into to US if you decide to

leave when your case is pending.

These three things can be filed at the same time.

Good Luck

EAD

05/19/06 Filed Forms

05/21/06 Received At Chicago Lockbox

05/26/06 Notice Of Action

06/05/06 Touched

06/13/06 Touched

06/21/06 Biographic Appointment

06/24/06 Touched

08/01/06 Approved

08/05/06 Received Card

AOS

05/19/06 Filed Forms

05/21/06 Received At Chicago Lockbox

05/26/06 Notice Of Action

06/05/06 Touched

06/21/06 Biographic Appointment

06/24/06 Touched

08/09/06 Touched

08/28/06 Interview Pending Name Check

10/05/06 Touched

10/09/06 Touched

02/20/07 Touched

02/27/07 Received Approval Email

03/02/07 Received Approval Letter

03/03/07 Received Welcome Notice

03/05/07 Received Card Production Email

03/08/07 Received Card

diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted
Hi There,

Yes you can file for Adjustment of Status while on a B1/B2 visa.

You can also file for Employent Autherization while you wait.

If your visa is not expired at the time of filing you can apply for

Advance Parole to allow you re-entry into to US if you decide to

leave when your case is pending.

These three things can be filed at the same time.

Good Luck

He's outside the country right now!

"diaddie mermaid"

You can 'catch' me on here and on FBI.

desertrose Rookie

desertrose   0

Posted
Filed: Timeline
  • Author
Posted

Hi There,

Yes you can file for Adjustment of Status while on a B1/B2 visa.

You can also file for Employent Autherization while you wait.

If your visa is not expired at the time of filing you can apply for

Advance Parole to allow you re-entry into to US if you decide to

leave when your case is pending.

These three things can be filed at the same time.

Good Luck

He's outside the country right now!

Hi,

So I can't apply for Adjustment of status??? Can change for K-3 from B1/B2 while in USA

Thanking you in Anticipation.

diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted

Hi There,

Yes you can file for Adjustment of Status while on a B1/B2 visa.

You can also file for Employent Autherization while you wait.

If your visa is not expired at the time of filing you can apply for

Advance Parole to allow you re-entry into to US if you decide to

leave when your case is pending.

These three things can be filed at the same time.

Good Luck

He's outside the country right now!

Hi,

So I can't apply for Adjustment of status??? Can change for K-3 from B1/B2 while in USA

Thanking you in Anticipation.

You *can* do anything you wish, but would you be successful and would you be complying with the terms of the non-immigrant visa?

"diaddie mermaid"

You can 'catch' me on here and on FBI.

desertrose Rookie

desertrose   0

Posted
Filed: Timeline
  • Author
Posted

Hi There,

Yes you can file for Adjustment of Status while on a B1/B2 visa.

You can also file for Employent Autherization while you wait.

If your visa is not expired at the time of filing you can apply for

Advance Parole to allow you re-entry into to US if you decide to

leave when your case is pending.

These three things can be filed at the same time.

Good Luck

He's outside the country right now!

Hi,

So I can't apply for Adjustment of status??? Can change for K-3 from B1/B2 while in USA

Thanking you in Anticipation.

You *can* do anything you wish, but would you be successful and would you be complying with the terms of the non-immigrant visa?

Hi ,

Thanks for the response, Can't I stay more than six months on B1/B2 while my case of AOS is pending?? Can't I leave US on B1/B2 and come back again while my case is pending?? or is their any alternative way.

Thank you sooo much

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

desertrose,

You can apply to adjust status. You cannot apply to change status to K3.

You can also have a consultation with a US immigration attorney, which I would recommend in your situation.

Yodrak

Hi,

So I can't apply for Adjustment of status??? Can change for K-3 from B1/B2 while in USA

Thanking you in Anticipation.

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

desertrose.... If you had applied for AOS as soon as you got married as you said it was not planned... that would have been ok.... but as you left the States and returned to the UK you can no longer enter the States and file for AOS... you will need to file for K3/CR1 and remain in the UK wile it is being processed.....

I think the sujestion of speaking to am immigration lawyer is a very good idea.... Because if you do enter the States on a B1/B2 visa with the intent to remain... that is visa fraud.....

Kezzie

newinamerica Rookie

newinamerica   0

Posted
Filed: AOS (pnd) Timeline
Posted

Hey:

since you already got married to her, entering on B1/B2 and adjusting is possible but not recommended as the

law prohibits using a Visitor Visa with the intention of adjusting status once in the us.

Although nobody can prevent you from doing it, and you will be eligible for Work Authorization and Advance Parole, this plan might become an issue for the officer who will adjudicate your AOS at the interview.

The best way is to file for a K3 at your local embassy. Also it is likely that by coming back on a K3, you will not have to go for an interview later on when you file for Adjustment of Status.

06/24/2005 - AOS, EAD and AP sent to CHI Lockbox

07/06/2005 - Notice Dates for AOS, and AP applications - RD 06/27/05

07/15/2005 - EAD and AOS fingerprints&biometrics done walk-in

07/27/2005 - AOS biometrics received

09/07/2005 - Advance Parole approved

09/07/2005 - EAD approved on 09/07/05. Email same night.

09/08/2005 - EAD Card received ( Issue date 09/01/05. Great !

09/09/2005 - Applied for SSN, not is system yet, manual verification pending.

09/14/2005 - Advance Parole docs received.

09/30/2005 - Received letter from SSA that my SSN card should come within two weeks.

10/11/2005 - Received Card. Great news. Thursday License test.

06/06/2006 - Initial AOS Interview in Chicago. ( Officer said she will review our case)

08/07/2006 - Contacted Senators officer to inquire into our case.

08/23/2006 - USCIS interviewing officer called us and wants us to go back for 2nd interview next week

09/08/2006 - second Interview in Chicago. - APPROVED after Stokes Interview.)

09/11/2006 - Enlistment in the United States Marine Corps - shipped to Boot Camp

12/15/2006 - Graduation from Boot Camp in San Diego MCRD

04/13/2007 - Fingerprints for N-400 and N-426 expedited. No more waiting at INS lines when in uniform.

04/14/2007 - Naturalization through qualifying Military Service submitted N-400.

09/20/2007 - Citizenship test and Swearing Ceremony - Applying for first US Passport.

10/02/2007 - Received my US Passport. Its beautiful.

10/16/2007 - Going on vacation to Greece. I missed it a lot.

11/02/2007 - Coming back from Greece through JFK. Its a nice feeling to be home again.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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