From B2 visa to AOS?

[Nystu 2]

Seems like everybody just wants to give their own opinion and ignore the question... The answer is yes, it can be done. Risks involved, yes, but that wasn't the question.

[Dakine10 5,452]

Seems like everybody just wants to give their own opinion and ignore the question... The answer is yes, it can be done. Risks involved, yes, but that wasn't the question.

The question has been answered. Everyone who posted here said it CAN be done. It CAN also be illegal. Nobody should be answering YES without clarifying. It is against the TOS to condone fraudulent activity.

IF you were to call USCIS and ask if you can get married, enter on a B2 with intent to remain, and adjust status, the answer would NOT be yes.

[Nystu 2]

The question has been answered. Everyone who posted here said it CAN be done. It CAN also be illegal. Nobody should be answering YES without clarifying. It is against the TOS to condone fraudulent activity.

IF you were to call USCIS and ask if you can get married, enter on a B2 with intent to remain, and adjust status, the answer would NOT be yes.

I am not that good at reading between the lines, don't see a question as intent.

[Darnell 8,478]

*** moving to OTHER AOS forum ***

[Harpa Timsah 13,258]

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

ValerieA never suggested fraud nor broke the TOS. There is a real problem on this site with people being misinformed about AOS. A week or so ago someone told me we had committed fraud and I should prepare for jail - which is ridiculous (The mods removed the posts for inaccurate information and verbal abuse, but, as I have said before, it was a rather insane!)

Other already married couples in the May and April filers also had no problems. The intent issue is not hard to overcome if you NEVER HAD INTENT and were ALWAYS HONEST.

The poster reminding everyone not to lie to obtain a B-2 visa... I read the same as ValerieA, they already had the visa and were already here.

Also to Dakine: it IS legal to get married on a B-2 visa. It is ILLEGAL to lie at the POE about your intent to immigrate.

[ValerieA 350]

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?

I am not trying to convince them to skip the I-130. They can't skip it, anyway, so I don't understand your statement. When you file AOS, you file the I-130 with the I-485. I already had an approved one, so I sent the copy of the approval with mine.

[ValerieA 350]

ValerieA never suggested fraud nor broke the TOS. There is a real problem on this site with people being misinformed about AOS. A week or so ago someone told me we had committed fraud and I should prepare for jail - which is ridiculous (The mods removed the posts for inaccurate information and verbal abuse, but, as I have said before, it was a rather insane!)

Other already married couples in the May and April filers also had no problems. The intent issue is not hard to overcome if you NEVER HAD INTENT and were ALWAYS HONEST.

The poster reminding everyone not to lie to obtain a B-2 visa... I read the same as ValerieA, they already had the visa and were already here.

Also to Dakine: it IS legal to get married on a B-2 visa. It is ILLEGAL to lie at the POE about your intent to immigrate.

Yeah, I think the OP is already here by the way they worded their post. And good point on the legality of getting married on a B-2 visa, people do it all the time - especially in Hawaii and Las Vegas. The key is that you do not intend to IMMIGRATE when entering on that visa.

[HeatDeath 430]

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 statistics on lightning strikes are irrelevant if you're the one that gets hit. I'm sure the number of such denials is well under 1%, probably under 0.1%. Still sucks to be one of the few, particularly since it's relativly easily avoidable.

0.1% of a 1+ year ban for misrepresentation is still just too big of a risk, in my opinion, when it's your future life with your USC honey on the line. Just my opinion of course...

Edited August 30, 2010 by HeatDeath

[HappyKnappy 30]

Wow, scare tactics and misinterpretation of the TOS are bliss for some people here. Then I started thinking, why is there a forum about AOS from multiple visas, B2 included?

As Valerie has said, it is possible, I am another example of this. We had no problems whatsoever, and we are now done for 2 years...

To the person that said you cannot get into the US and marry, you are wrong. My now wife stayed with me in Mexico, we got married, and came back to Mexico. Adding to this, a couple of inspectors talked with us about how we'd go about living together. Back then we were planning to go for the CR-1, but after a couple of weeks with her in Tampa, and a talk with my lawyer, we made the decision, without breaking any rules.

An IO needs to have a really terrible day in my opinion, to start arguing about intent. This is very subjective, unlike other red flags out there. If the OP, like many of us, DID NOT intend to stay permanently, and then changed his mind, and has the means, it is an option.

Having said that, it all falls on the intent to immigrate. If you enter the US to stay for good, you are toast. If you decided to stay after planning to be with your wife, you are good to go.

[Dakine10 5,452]

ValerieA never suggested fraud nor broke the TOS. There is a real problem on this site with people being misinformed about AOS. A week or so ago someone told me we had committed fraud and I should prepare for jail - which is ridiculous (The mods removed the posts for inaccurate information and verbal abuse, but, as I have said before, it was a rather insane!)

Other already married couples in the May and April filers also had no problems. The intent issue is not hard to overcome if you NEVER HAD INTENT and were ALWAYS HONEST.

The poster reminding everyone not to lie to obtain a B-2 visa... I read the same as ValerieA, they already had the visa and were already here.

Also to Dakine: it IS legal to get married on a B-2 visa. It is ILLEGAL to lie at the POE about your intent to immigrate.

I never said Valerie committed fraud or broke the TOS. In fact I POSTED 3 TIMES NOW THAT VALERIE DID NOT DO ANYTHING WRONG.

The original poster ASKED a question. They are ALREADY married and want to know if it's still OK to enter with a B2. I SAID yes to that part. At no time did I say you can't get married on a B2. That's not even relevent. The OP is married and wants to use a B2 to adjust status. I don't know if the OP is in the USA or not. If they ARE NOT in the USA and are asking if they can use a B2, THAT WOULD BE HAVING INTENT TO IMMIGRATE AT THE POE.

STOP CORRECTING THINGS I DID NOT SAY IN THE FIRST PLACE.

[Dakine10 5,452]

Wow, scare tactics and misinterpretation of the TOS are bliss for some people here. Then I started thinking, why is there a forum about AOS from multiple visas, B2 included?

Responding without reading properly is apparently bliss for some too.

The comment about the TOS is to the poster who said we should answer the question by saying only YES and leaving it at that. That could cause the OP to do something that COULD be illegal without knowing the consequences. We don't know how much immigration experience the OP has. No one should insinuate that it will work for everyone just because it worked for them.

I'm sure if everyone starts using a B2 for this instead of CR-1 or K, we would start hearing more of stories about the times when it didn't work.

[Harpa Timsah 13,258]

At no time did I say you can't get married on a B2.

STOP CORRECTING THINGS I DID NOT SAY IN THE FIRST PLACE.

Earlier you said

anyone who comes to the US on a B2 with the intent of getting married cannot do so without commiting fraud.

Look, I don't want to argue, but you said the above. Maybe you forgot the "with intent to immigrate" part, but that is what I was responding to. Miscommunication I guess.

[Dakine10 5,452]

Having said that, it all falls on the intent to immigrate. If you enter the US to stay for good, you are toast. If you decided to stay after planning to be with your wife, you are good to go.

That's true if you are already in the US and didn't have intent at the time of entry. The OP does not have a timeline. I was not assuming they were already in the US.

If they are not in the US and they are asking this question, they may have intent. How the AO will see it is anyones guess. It's ultimately their life and the decision will affect them and ONLY them. To me it doesn't matter if it works for most, or that no one has posted about beening denied. It can happen. And people need to know the risk and consequences of that.

And again, I never said it can't be done. We all know it can be done. We should be careful about implying how easily it can be done based on our individual experiences. If it was foolproof, everyone would do it.

[Dakine10 5,452]

Earlier you said

Look, I don't want to argue, but you said the above. Maybe you forgot the "with intent to immigrate" part, but that is what I was responding to. Miscommunication I guess.

Sorry, too many posts for me today. I should have taken my own advice and reread what I posted. The OP is already married of course and I did mean to type intent to immigrate.

[trillium13 84]

OP, are you here in the US or not?

This might help things to know.

Edited August 31, 2010 by trillium13