Possible AOS from B2?

[NigeriaorBust 4,087]

You can marry anywhere you wish. Lots of people that just have to have a star trek wedding go to Vegas just for that no problem. Use whatever visa you have to be here legally and marry away.

Now once that is done. The legal thing to do ( if your visa wasn't a K1 ) is to return to where ever you are from once you approved stay in the US is done and wait out a family based visa ( You can also legally send in the I 130 papers before she leaves )

What is illegal is to say I have a B2 visa and I think I will go get married then stay in the US.

What is allowed is to enter the US with a B2 visa and while you are here your hormones get a jumping and you spontaneously co-join ( marry )

The difference is the intent when you first packed your bags.

Your issue is that an immigration officer has made note of frequent use of a B2 visa for long periods of time ( standard wisdom is same amount of time out of the US as you spend in the US and you may not raise eyebrows ) To try to prove that she wasn't intending to stay when she just swore to an immigration officer that she was leaving to not get refused entry probably isn't going to fly. Safe route is marry where ever , file the I130 , LEAVE and wait. The other route you are risking being accused of lying to not be refused entry and having a big expensive problem in your future.

[Journeyer 17]

You can marry anywhere you wish. Lots of people that just have to have a star trek wedding go to Vegas just for that no problem. Use whatever visa you have to be here legally and marry away.

Now once that is done. The legal thing to do ( if your visa wasn't a K1 ) is to return to where ever you are from once you approved stay in the US is done and wait out a family based visa ( You can also legally send in the I 130 papers before she leaves )

What is illegal is to say I have a B2 visa and I think I will go get married then stay in the US.

What is allowed is to enter the US with a B2 visa and while you are here your hormones get a jumping and you spontaneously co-join ( marry )

The difference is the intent when you first packed your bags.

Your issue is that an immigration officer has made note of frequent use of a B2 visa for long periods of time ( standard wisdom is same amount of time out of the US as you spend in the US and you may not raise eyebrows ) To try to prove that she wasn't intending to stay when she just swore to an immigration officer that she was leaving to not get refused entry probably isn't going to fly. Safe route is marry where ever , file the I130 , LEAVE and wait. The other route you are risking being accused of lying to not be refused entry and having a big expensive problem in your future.

Thank you. Looks like a CR-1. We were not even intending to do anything wrong, it's just all so confusing and so we wanted to explore all of our options. I hope this really does not take 8 months or more, but looks like there is not a choice,

[Journeyer 17]

Does anyone know if the incident she experienced with immigration will have a negative impact on our CR-1 being approved?

[YuAndDan 153]

Does anyone know if the incident she experienced with immigration will have a negative impact on our CR-1 being approved?

Comes up all the time, and the answer, absolutely not.

[Boiler 45,949]

She was VERY lucky to be admitted on a B2.

I would expect that you marry and adjust. I would not hang around.

[Journeyer 17]

She was VERY lucky to be admitted on a B2.

I would expect that you marry and adjust. I would not hang around.

They were actually going to send her back! But somehow she talked them into letting her in, if only for a month. She's a lawyer and is very good at arguing and winning, I should know, , too bad her English is not quite fluent yet. That was the hardest thing for her. The guy refused to speak more patiently with her, and told her it was her problem. So she was at a little disadvantage because of that. She was also very nervous as you can imagine, the person was trying to be as intimidating as possible it sounds like.

[Brother Hesekiel 2,236]

This thing is clear as chicken broth!

Traveling to the US on a non-immigrant visa, such as a B2 with the intent to adjust status is foul play. But since intent is difficult to prove as much of it happens in the brain, the Adjudicator's Manual tells the I.O.s that intent alone is not a sufficient reason to deny an AOS petition. The happiness of the US citizen is more important to Uncle Sam than figuring out if the foreigner had unclean thoughts.

What would be a dealbreaker is misrepresentation, however.

If the CBP Officer at the P.O.E. suspected immigration intent, and apparently there is some indication that this was the case, her response on having no intent to live in the US could have been recorded. If so, there should be something to that effect stamped in her passport. If not, the CBP officer just tried to scare her, and that's it and AOS should be no problem.

Drifting into "relaxed" mode.

Understand this (purely hypothetical) scenario: gal arrives at the US. CBP dude is rude and interrogates her. She has zero intention to get married and file for AOS on this trip. A week later comes a surprising (for her) proposal. They get married and file for AOS later. Even in such a case she would have told the truth. She had no intention to do this, but got caught by surprise.

'Nough said.

[Veridiana 0]

Ok, from what I can gather, the smartest and safest thing for us to do, is marry now, and start down the CR-1 path. We could still do that K-1, but I have been hearing with increasing frequency that the K-1 is much more costly, cumbersome, and really not much faster than CR-1 these days? Also, considering the fact that she is already here legally.

Dont get married here!! Immigration will consider a fraud!! Do the painful and long K-1 visa. or marry over in Brazil and go for AOS!

[Journeyer 17]

This thing is clear as chicken broth!

Traveling to the US on a non-immigrant visa, such as a B2 with the intent to adjust status is foul play. But since intent is difficult to prove as much of it happens in the brain, the Adjudicator's Manual tells the I.O.s that intent alone is not a sufficient reason to deny an AOS petition. The happiness of the US citizen is more important to Uncle Sam than figuring out if the foreigner had unclean thoughts.

What would be a dealbreaker is misrepresentation, however.

If the CBP Officer at the P.O.E. suspected immigration intent, and apparently there is some indication that this was the case, her response on having no intent to live in the US could have been recorded. If so, there should be something to that effect stamped in her passport. If not, the CBP officer just tried to scare her, and that's it and AOS should be no problem.

Drifting into "relaxed" mode.

Understand this (purely hypothetical) scenario: gal arrives at the US. CBP dude is rude and interrogates her. She has zero intention to get married and file for AOS on this trip. A week later comes a surprising (for her) proposal. They get married and file for AOS later. Even in such a case she would have told the truth. She had no intention to do this, but got caught by surprise.

'Nough said.

I keep reading posts very similar to what you just told me. But, then, I hear the exact opposite(see next reply after yours). This is very, very confusing. We do not want to do anything wrong, we just want to be together.

Interesting question about something being written on the visa. There is nothing written there, only the stamp for the valid entry on B2. The bad thing is he gave her the card with the January 14 departure, where the have always given her 6 months. Which really sucks because now it is going to cost us $600 to buy a new return ticket.

If our situation is indeed this complex, maybe we need to see an immigration lawyer.

[Journeyer 17]

Dont get married here!! Immigration will consider a fraud!! Do the painful and long K-1 visa. or marry over in Brazil and go for AOS!

So, it is fraud to marry here and apply for CR-1? Even as confused as I am about this, I am skeptical about that. Marrying in Brazil would make a difference? Why?

[Harpa Timsah 13,258]

Bob's advice is most sound here. Look that over carefully.

[Boiler 45,949]

I keep reading posts very similar to what you just told me. But, then, I hear the exact opposite(see next reply after yours). This is very, very confusing. We do not want to do anything wrong, we just want to be together.

Interesting question about something being written on the visa. There is nothing written there, only the stamp for the valid entry on B2. The bad thing is he gave her the card with the January 14 departure, where the have always given her 6 months. Which really sucks because now it is going to cost us $600 to buy a new return ticket.

If our situation is indeed this complex, maybe we need to see an immigration lawyer.

New member, joined today. Joined this afternoon actually.

No harm if having a consultation with an Immigration Lawyer.

[Brother Hesekiel 2,236]

I keep reading posts very similar to what you just told me. But, then, I hear the exact opposite(see next reply after yours). This is very, very confusing. We do not want to do anything wrong, we just want to be together.

I understand your concern and am sorry that the post of Veridiana, a user who joined TODAY, has such an impact on you.

Good luck.

[ATPEACE 43]

New member with 2 posts, I would look at the facts and not opinions. No one knows what the POE typed into the computer regarding her secondary questioning. I still say the POE officer did his job well, he was trained to see violations of the B2 visa and he did, now what did he record none of us will never know.

So PO, its your life, you take the risk as you see it. I don't see what is the rush, you wasn't planning on getting married until 2011, why are you rushing it for now. If it's real LOVE it will survive a small separation. Didn't you say your gf has a whole active life in Brazil, so is she ready to put everything on hold until she get her gc to go back to Brazil that could take anywhere from 5 to 8 months.

B/W I am not a new poster, I have been on this site since 2007 and have done the CR1. My husband and I were separated for the 9 months that it took us to do the CR1 and our love didn't die, it only got stronger.

Edited December 16, 2010 by ATPEACE

[Rob and Jill 82]

Dont get married here!! Immigration will consider a fraud!! Do the painful and long K-1 visa. or marry over in Brazil and go for AOS!

If you are not 100% sure you ARE CORRECT when you answer, then either A) DON'T or B) State so in your answers. WRONG answers (and this statement is very wrong) can cause a lot of problems for others.

B/W I am not a new poster, I have been on this site since 2007 and have done the CR1

Then you should know better.

OF COURSE you can marry here if you want. Of COURSE it doesn't matter what country. If you want to do things 100% by the letter legal, marry your girl, send her home before her visa expires and file your paperwork.

AFTER your paperwork is filed, she could still try to come to the U.S. with PROOF she is filing to legally immigrate to the U.S. It doesn't mean they will always let her in, but it doesn't mean they will stop her either. You might/should still be able to visit, but it will likely be questionable or the POE officer will give her a hard time again.

Also keep in mind that just because she went through one officer who was a jerk it doesn't mean they ALL are going to be that way.

Edited December 16, 2010 by Rob and Jill