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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 . Now I want to return to USA to join her, Presently I am in UK. 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 ?? Are there any Pros and Cons?

Does it have any disadvantages ?? or will it make my case more complex as I got married to her on a tourist visa but was well, 1 and half years before. ( well marriage was certainly unplanned!!!)

and will I be allowed to stay there for longer than 6 months( limit of stay in B1/B2) while my case is pending??

Or I should Apply for K-3 or CR1/IR1 from U.K but I don't want to stay apart for long time..Are there any options for me..

I will really appreciate that if any 1 could help me

Thanking in anticipation.

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

You can not use the visitors visa to enter the US with the intention to stay and adjust status. It would be visa fraud.

You only marriage-based option would be IR1/CR1 and optionally the K3

You may or may not be allowed entry on your visitors visa to visit your spouse while you are waiting for the processing.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted
desertrose,

Didn't like the help you received yesterday?

Yodrak

Hi Everyone,

I would really appreciate if anyone can help me out. ...

I thought it sounded familiar :lol:

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

desertrose Rookie

desertrose   0

Posted
Filed: Timeline
  • Author
Posted
desertrose,

Didn't like the help you received yesterday?

Yodrak

Hi Everyone,

I would really appreciate if anyone can help me out. ...

Hi,

No disrespects mate, But i received messages from some member saying I can AOS on B1/B@2.. Thanks for your help!!

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

You can only do AOS from B1/B2 if you got married on the spur of the moment..... and are still in the USA....

As you got married and then left the USA you CAN NOT re-enter the USA on a B1/B2 and do AOS as you would be entering with intent to remain and a B1/B2 is a tourist visa not an immigrant visa....

So the answer is the same as yesterday you will have to do CR1/IR1 or K3.... there is no other option than that....

Kezzie

desertrose Rookie

desertrose   0

Posted
Filed: Timeline
  • Author
Posted
You can only do AOS from B1/B2 if you got married on the spur of the moment..... and are still in the USA....

As you got married and then left the USA you CAN NOT re-enter the USA on a B1/B2 and do AOS as you would be entering with intent to remain and a B1/B2 is a tourist visa not an immigrant visa....

So the answer is the same as yesterday you will have to do CR1/IR1 or K3.... there is no other option than that....

Kezzie

Thank you very much Kezzie.. Now I am very clear on the situation.

Can anyone tell me which one is quicker to get CR1/IR1 or K3.??

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

You can only do AOS from B1/B2 if you got married on the spur of the moment..... and are still in the USA....

As you got married and then left the USA you CAN NOT re-enter the USA on a B1/B2 and do AOS as you would be entering with intent to remain and a B1/B2 is a tourist visa not an immigrant visa....

So the answer is the same as yesterday you will have to do CR1/IR1 or K3.... there is no other option than that....

Kezzie

Thank you very much Kezzie.. Now I am very clear on the situation.

Can anyone tell me which one is quicker to get CR1/IR1 or K3.??

It's not CR1/IR1 or K3

You will have to file for the CR1/IR1 and then, optionally, you can apply for the k3 which may or may not get you to the US quicker.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted

desertrose,

You received a variety of advice from which you will have to select a path to follow (including the advice to have a consultation with a US immigration attorney to examine the specifics of your situation) .

I still think the attorney consultation would be the best bet for helping you determine which of us amateurs, lightly informed as to the details of your situation, came closest to the mark.

Yodrak

desertrose,

Didn't like the help you received yesterday?

Yodrak

Hi Everyone,

I would really appreciate if anyone can help me out. ...

Hi,

No disrespects mate, But i received messages from some member saying I can AOS on B1/B@2.. Thanks for your help!!

Kezzie,

I'm not sure that your first statement is necessarily correct because, as a general principle, your second statement is not necessarily correct. Although it does seem to be what desertrose's intent would be.

So we still have the endlessly discussed issue of what one can (and many do) try to do v what one should do.

Yodrak

You can only do AOS from B1/B2 if you got married on the spur of the moment..... and are still in the USA....

As you got married and then left the USA you CAN NOT re-enter the USA on a B1/B2 and do AOS as you would be entering with intent to remain ...

Kezzie

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted
Kezzie,

I'm not sure that your first statement is necessarily correct because, as a general principle, your second statement is not necessarily correct. Although it does seem to be what desertrose's intent would be.

So we still have the endlessly discussed issue of what one can (and many do) try to do v what one should do.

Yodrak

You can only do AOS from B1/B2 if you got married on the spur of the moment..... and are still in the USA....

As you got married and then left the USA you CAN NOT re-enter the USA on a B1/B2 and do AOS as you would be entering with intent to remain ...

Kezzie

Yodrak please explain why you think I am incorrect.....

Kezzie

desertrose Rookie

desertrose   0

Posted
Filed: Timeline
  • Author
Posted
desertrose,

You received a variety of advice from which you will have to select a path to follow (including the advice to have a consultation with a US immigration attorney to examine the specifics of your situation) .

I still think the attorney consultation would be the best bet for helping you determine which of us amateurs, lightly informed as to the details of your situation, came closest to the mark.

Yodrak

desertrose,

Didn't like the help you received yesterday?

Yodrak

Hi Everyone,

I would really appreciate if anyone can help me out. ...

Hi,

No disrespects mate, But i received messages from some member saying I can AOS on B1/B@2.. Thanks for your help!!

Kezzie,

I'm not sure that your first statement is necessarily correct because, as a general principle, your second statement is not necessarily correct. Although it does seem to be what desertrose's intent would be.

So we still have the endlessly discussed issue of what one can (and many do) try to do v what one should do.

Yodrak

You can only do AOS from B1/B2 if you got married on the spur of the moment..... and are still in the USA....

As you got married and then left the USA you CAN NOT re-enter the USA on a B1/B2 and do AOS as you would be entering with intent to remain ...

Kezzie

Thank you very much every one Kezzie , Yodrak for such useful information ..I think I would definetly contact US attorney for my case.. I am so thankfull to you all clearing my doubts or I would have been in dark :thumbs:

diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted (edited)

I can't speak for Yodrak, Kezzie, but I sense a distinction has to be made to account for the rare instance. A B1/B2 permits an alien to enter the USA with an implied intention of leaving prior to the expiry. I suppose there are occasions when a person is able to secure a B1/B2 visa despite being married to a US citizen. This would certainly have everything to do with how the consulate interprets the ties to the alien's homeland. Now, when one articulates that one cannot not enter the USA on a B1/B2 and adjust "AS you HAD" intent to remain, it does not take into account the rare circumstance when an alien had no intent to remain upon entry, but decided later to do so. Intent to adjust and remain really has no bearing on marriage, although it certainly does happen to involve that most often.

Example, person A lives in the China. Spouse of person A, person B, is in the US, a citizen and is completing PhD at major institution, with the interest of emigrating from the USA to the China upon completion. Person A, (B's spouse) gains a B1/B2 for visiting purposes, knowing that person B will complete her degree in 3 years and soon move to China. Person A uses it to come back and forth. Then person A's spouse (person B, US citizen) becomes gravely ill and requires medical treatment for the rest of her natural life, only available in the USA. This occurs while person B's spouse is in the USA on one of his common visits. He decides then to adjust and remain in the USA.

Edited by diadromous mermaid

"diaddie mermaid"

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

Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted

Thank you for your explanation..... yes I can see how that would work... but for the OP he would be entering with the intent to remain... he would be using a B1/B2 visa to circumevent having to get a K3... and that you are not allowed to do.... well that is my understanding of the immigration rules

Kezzie

diadromous mermaid Experienced

diadromous mermaid   36

Posted
Filed: Timeline
Posted
Thank you for your explanation..... yes I can see how that would work... but for the OP he would be entering with the intent to remain... he would be using a B1/B2 visa to circumevent having to get a K3... and that you are not allowed to do.... well that is my understanding of the immigration rules

Kezzie

Based upon his enquiry from outside the USA, and prior to entering, that, too, is how I read his situation also. :)

"diaddie mermaid"

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

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

Kezzie,

I think diadromous mermaid explained it well (if with an exteme example). So an alien married to a USC living in the USA could reasonably want to enter the USA to visit their spouse with the intent that it be only a visit and due to some unexpected circumstance subsequently change their mind and decide to remain. Just as a single alien can reasonably visit a USC friend and during the visit decide to marry the USC friend and remain. Being married rather than single doesn't dictate the original intent of a visit and eliminate the possibility of entering as a visitor, changing one's mind, and staying as an immigrant.

I do agree with you that the way desertrose presented his situation makes it appear - strongly appear - that his intent would be to immigrate. But maybe he's just not careful with the way he presents things, and after review of the details of his situation a knowledgable and experienced immigration attorney could phrase his true non-immigrant intentions more appropriately.

Or not.

Yodrak

Thank you for your explanation..... yes I can see how that would work... but for the OP he would be entering with the intent to remain... he would be using a B1/B2 visa to circumevent having to get a K3... and that you are not allowed to do.... well that is my understanding of the immigration rules

Kezzie

Edited by Yodrak
 
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