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Married while on not-expired B-2

By eventcoming in General Immigration-Related Discussion

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eventcoming Newbie

eventcoming   0

Posted
Filed: Country: France
 Timeline
Posted

I got married on a B-2, not expired. I have to return to France for my brother's wedding by April 2 so no time to get K-3 and airline ticket expiring too. My passport is not valid for another 6 months as required to file I-485 etc, and my consulate is in San Francisco and I am in Hawaii so I would have to purchase a rountrip ticket and now I have my return portion of my ticket to France already bought, so will renew the passport while in France for my brother's wedding.

As a French national I do not need an entry visa to return to the US.

Can I enter on a visitor's B-2 (checking visiting Family) and then apply for AOS?

Or what is recommended?

Thank you for any help

SisJ Collaborator

SisJ   13

Posted
Filed: Lift. Cond. (apr) Country: Ghana
 Timeline
Posted (edited)

Your best bet is to return to france and file CR1 from there. going back and then returing to the US with intent to adjust from here will be considered fraud ( someone correct me if i'm wrong). You can file the CR1 while you're here and then go back when your visa expires, it will make the waiting process a bit easier. if you have a multiple entry visa, you can come visit while your case is pending...Good Luck!

Edited by SisJ

AOS From B2 Journey

8/13/10: AOS Package Sent

8/16/10: Package Received at Chicago Lock Box

8/26/10: Checks Cleared and Case Transferred to NBC

8/30/10: NOA Text/ Email and Hard Copy

8/31/10: Case Status Appears On USCIS Site

9/9/10: I-130 I-485 I-765 Touched

10/5/10: Called USCIS abt "No Bio Letter" / Service Request

10/13/10: Hard Copy Service Request

10/20/10: I-765 I-485 Touched

10/21/10: I-765 I-485 Touched Again :-)

10/23/10: Biometric Letter Received For Nov 15 App

11/15/10: Biometric Appointment

11/15/10: EAD Approved..... I-485 & I-765 Touched

11/16/10: Card Production Ordered.....I-485 & I-765 Touched

11/19/10: Card Production text and email received again for I-765. I-765 Touched

11/23/10: EAD Received

11/29/10: Applied for ID and SS card

12/04/10: SS card and AOS Interview Letter received

01/04/11: AOS Interview..APPROVED!!!

01/13/11: Green Card Received

ROC JOURNEY

10/09/12: ROC Filed

10/12/12: Package delivered to VCS

10/17/12: Check cashed, but no NOA1 yet.

10/20/12: NOA1 hardcopy received. Dated 10/15/12

11/09/12: Biometrics Notice

12/04/12: Biometrics Done

01/04/13: 2yr GC expires

04/26/13: RFE :-(

05/22/13: REF Response Mailed

06/06/13: Text and Email update: Card production ordered!!!

06/10/13: USCIS update about card mailed!

06/12/13: CARD RECEIVED!!! dancin5hr.gif

eventcoming Newbie

eventcoming   0

Posted
Filed: Country: France
 Timeline
  • Author
Posted

Thank you Sisj

wondering why it would be considered fraud under these circumstances.

Your best bet is to return to france and file CR1 from there. going back and then returing to the US with intent to adjust from here will be considered fraud ( someone correct me if i'm wrong). You can file the CR1 while you're here and then go back when your visa expires, it will make the waiting process a bit easier. if you have a multiple entry visa, you can come visit while your case is pending...Good Luck!

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Thank you Sisj

wondering why it would be considered fraud under these circumstances.

Because you would be stating that your intent on this trip is visiting family, when it is really to adjust status. That is a bit of a simplification, but that's it in a nutshell. When you are entering on a B-2, it is as a tourist, not an intending immigrant.

And yes, I entered on a B-2 and then AOS'd, but my intention when I crossed the border was simply to visit.

Will you get grief at the AOS interview if you did do as planned? Probably not if you followed a few guidelines, but there is always a possibility.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
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:
NOA 05/14/2010
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 received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

 
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