From B2 visa to AOS?

[Not me 1]

I was wondering if the spouse of an American citizen traveled to the US on a B2 visa could they file a AOS?

I've seen couples who got married in the US file AOS after the wedding, but can a couple already married do the same thing?

[Penguin_ie 5,996]

Theoretically yes, IF they decide the foreign spouse should stay after they had come for a visit;if they enter the country with intent to stay, that is visa fraud. The problem is proving you didn't intend to stay in the USA when you entered, when you have a USC spouse living in the USA.

[Harsh_77 718]

I would not advice that - if I am looking from CO prespective your spouse lied to the CO when (s)he went for the interview of B2.

Marriage just cannot happen why you were touring US, which mean you already had such intentions when you entered US.

You might get your AOS, but am sure would be given a hard time at the interview.

I think the best bet would be if to get married and return back to you home country without violating your B2 and then apply from there.

Hopeful more exp ppl on here can tell you more about it.

[inloveVEN 46]

Hi

Getting married with a b2 visa is not illegal, what is illegal is to overstay

But is illegal to enter with the main intention to file for Aos telling in the border that you are a turist. So if it is the main intention dont do that because it can be taken as fraud

Edited August 30, 2010 by inloveVEN

[ValerieA 350]

I did it, and had an easy interview - no questions even about intent. Closest she got was asking "You came in on a visitor's visa?" I replied in the affirmative, and we moved on to the next question.

[Dakine 26]

I did it, and had an easy interview - no questions even about intent. Closest she got was asking "You came in on a visitor's visa?" I replied in the affirmative, and we moved on to the next question.

Did you complete the I 130?

[Dakine10 5,452]

I would not advice that - if I am looking from CO prespective your spouse lied to the CO when (s)he went for the interview of B2.

Marriage just cannot happen why you were touring US, which mean you already had such intentions when you entered US.

You might get your AOS, but am sure would be given a hard time at the interview.

I think the best bet would be if to get married and return back to you home country without violating your B2 and then apply from there.

Hopeful more exp ppl on here can tell you more about it.

They are already married. IMO, that would make it even harder to convince the AO that there was no intent.

[Dakine10 5,452]

I did it, and had an easy interview - no questions even about intent. Closest she got was asking "You came in on a visitor's visa?" I replied in the affirmative, and we moved on to the next question.

When I was a teenager, I fell off a 3 story building and landed on some bags of fiberglass insulation. I was not injured at all, not even a scratch. I grabbed another beer, went back up on the roof and we all had a good laugh. Whenever anyone in the town where I lived heard the story, they would remark how lucky I was.

So when I read your story, I wanted to say the same thing. You had a little bit of luck too. If you happened to get a hardass AO, you could just as easily be stuck in Canada posting about your lifetime ban.

I understand you actually didn't have intent, but the hard part can be convincing the AO.

[ValerieA 350]

Did you complete the I 130?

My husband had submitted it as part of the CR-1 process, which is what we originally applied for before switching to AOS.

[ValerieA 350]

When I was a teenager, I fell off a 3 story building and landed on some bags of fiberglass insulation. I was not injured at all, not even a scratch. I grabbed another beer, went back up on the roof and we all had a good laugh. Whenever anyone in the town where I lived heard the story, they would remark how lucky I was.

So when I read your story, I wanted to say the same thing. You had a little bit of luck too. If you happened to get a hardass AO, you could just as easily be stuck in Canada posting about your lifetime ban.

I understand you actually didn't have intent, but the hard part can be convincing the AO.

I am basing my response on experience. What are you basing yours on? Can you give us statistics that show how many people are denied per year because they were married before they entered the US?

[Dakine10 5,452]

I am basing my response on experience. What are you basing yours on? Can you give us statistics that show how many people are denied per year because they were married before they entered the US?

I'm basing my response on the fact that anyone who comes to the US on a B2 with the intent of getting married cannot do so without commiting fraud. The OP already expressed his or her intent. If asked at the AOS they will either have to tell the truth and get denied, OR they can lie.

Even if you don't have intent, such as in your case, you still have to convince the AO. You don't think it's possible that you could have got an AO who wanted to make things difficult? It seems to me like some of them would pursue that line of questioning a little further.

Anyway's , I'm not sure why you need statistics? I didn't say it can't be done. People do get charged with immigration fraud. If someone is married to a USC and intends to live in the USA, it's pretty straight forward to do via CR-1, and there is inherent risk doing it via a B2.

[nab 74]

Did you complete the I 130?

A

According to their timeline they had an APPROVED I-130

Wedding Date: 06/14/2009

POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009

Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):

Sent 10/01/2009

NOA1 10/07/2009

NOA2 02/10/2010

AOS:

Sent 05/06/2010

Delivered 05/11/2010

NOA 05/14/2010

Able to sign in to case on USCIS site 05/17/2010

Bio appointment 06/08/2010

Bio walk-in 05/26/2010

Touches on I-130 I-765 05/27/2010

Touch on I-765 06/03/2010

Interview letter received 06/26/10 for 07/29/10

EAD Card production ordered email 1 07/22/10

Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day

Green card production ordered 08/03/10

EAD received 08/05/10

Green card received 08/20/10

I am basing my response on experience. What are you basing yours on? Can you give us statistics that show how many people are denied per year because they were married before they entered the US?

the issue at hand isnt just a general "married before they entered the US", the issue is using a B2 to come to the USA and then adjusting status and if the intention is there then that would be cause for denial AND a ban.

We, and many other couples, were advised by lawyers NOT to do this... as well as B2 to get married, another red flag big no-no.

you already had an approved I-130 in hand for approx. 3 months before filing for adjustment of status (per your timelime), the OP is married but is thinking to get a B2, then try right away for the AOS and that can net them a "lied to immigration" tag.

[ValerieA 350]

I'm basing my response on the fact that anyone who comes to the US on a B2 with the intent of getting married cannot do so without commiting fraud. The OP already expressed his or her intent. If asked at the AOS they will either have to tell the truth and get denied, OR they can lie.

Even if you don't have intent, such as in your case, you still have to convince the AO. You don't think it's possible that you could have got an AO who wanted to make things difficult? It seems to me like some of them would pursue that line of questioning a little further.

Anyway's , I'm not sure why you need statistics? I didn't say it can't be done. People do get charged with immigration fraud. If someone is married to a USC and intends to live in the USA, it's pretty straight forward to do via CR-1, and there is inherent risk doing it via a B2.

I read the OP's question as that the spouse was already here, maybe they had come in for a visit, and now wanted to adjust. I wanted to see stats from you because you are suggesting that it may be more common to have a hard time than an easy one with a scenario like this. Since we have rarely seen anyone refused AOS, and intent only seems to be an issue if there is an obvious misrepresentation, I'm not sure what you are basing your comments on. I'm not saying there won't ever be a difficult interview, I am saying I haven't heard of any instances where it was an issue.

[nab 74]

I read the OP's question as that the spouse was already here, maybe they had come in for a visit, and now wanted to adjust. I wanted to see stats from you because you are suggesting that it may be more common to have a hard time than an easy one with a scenario like this. Since we have rarely seen anyone refused AOS, and intent only seems to be an issue if there is an obvious misrepresentation, I'm not sure what you are basing your comments on. I'm not saying there won't ever be a difficult interview, I am saying I haven't heard of any instances where it was an issue.

because most people try to do it the right way rather than risk a ban.

some people speak to an immigration attorney first before doing anything stupid and definitely would get advised against doing that (getting a B2 TOURIST visa, then try to file AOS).

why are you trying to convince them to skip over the I-130 when YOU did it, got it approved, before going on to AOS?

[Dakine10 5,452]

I read the OP's question as that the spouse was already here, maybe they had come in for a visit, and now wanted to adjust. I wanted to see stats from you because you are suggesting that it may be more common to have a hard time than an easy one with a scenario like this. Since we have rarely seen anyone refused AOS, and intent only seems to be an issue if there is an obvious misrepresentation, I'm not sure what you are basing your comments on. I'm not saying there won't ever be a difficult interview, I am saying I haven't heard of any instances where it was an issue.

I don't mean to suggest it's common to have a hard time. I am sure denials are rare. Just saying it's possible. I have read several times that USCIS doesn't actually keep statistics on fraud cases so any numbers we see are someone elses estimates.

For example, someone in the OP's scenario entering on a B2 and filing AOS within a few weeks would be highly indicitive of fraud. Whether USCIS would actually go through with fraud charges or not, I don't know. They certainly could if they wanted to.

I guess I replied to you b/c it seemed like you were suggesting the OP would have no problems since you did not, and I think since the OP has expressed some intent, the scenario may not be so straight forward.