Help Please AOS on B2 Visa, how much??/

[Deema & Wayne 28]

If she's been married for a year and here on her tourist visa, doesn't that mean she was already married when she entered and has to file for CR-1?

[Inky 1,111]

would I still need an AOS form if I applied in England???

Then what forms would I need and how much would it be?

She asked if she needed the AOS FORM. which is the affidavit of support form. This is why I said YES you need to file AOS even from another country.

AOS form is like 88$ when filing it at NVC and they do the processing at the NVC for them to obtain the GC on entry. Instead of filing AOS in the USA - adjustment of status in the USA to get the green card.

AOS has TWO meanings.

[ValerieA 350]

If she's been married for a year and here on her tourist visa, doesn't that mean she was already married when she entered and has to file for CR-1?

Being married when you enter the US does not preclude a person from adjusting their status.

[Deema & Wayne 28]

Being married when you enter the US does not preclude a person from adjusting their status.

Oh okay. It's just that everything I've read said if a person is on a tourist visa they can't adjust unless they didn't have the intention to immigrate. For the K-1, they stress that a person gets married in the U.S and are not allowed to have another ceremony in their home town or wherever before they enter or it can lead to denial but I guess that's specific to that kind of visa. I always thought that if you get married before you enter the U.S you have to file for CR-1 and go back home and wait. Learn new things everyday here

[ValerieA 350]

Oh okay. It's just that everything I've read said if a person is on a tourist visa they can't adjust unless they didn't have the intention to immigrate. For the K-1, they stress that a person gets married in the U.S and are not allowed to have another ceremony in their home town or wherever before they enter or it can lead to denial but I guess that's specific to that kind of visa. I always thought that if you get married before you enter the U.S you have to file for CR-1 and go back home and wait. Learn new things everyday here

You are correct, it is fraudulent to enter on a B-2 visa with the intention to immigrate. However, being married does not mean that the person intends to adjust status.

[Deema & Wayne 28]

You are correct, it is fraudulent to enter on a B-2 visa with the intention to immigrate. However, being married does not mean that the person intends to adjust status.

I get what you're saying (I didn't mean to sound like the OP was doing that, was just trying to get information). Thank you

[ceadsearc 516]

She asked if she needed the AOS FORM. which is the affidavit of support form. This is why I said YES you need to file AOS even from another country.

AOS form is like 88$ when filing it at NVC and they do the processing at the NVC for them to obtain the GC on entry. Instead of filing AOS in the USA - adjustment of status in the USA to get the green card.

AOS has TWO meanings.

Yes, it does. My confusion with your meaning stemmed from the fact that you said she would still need to AOS in her country, which sounded like you meant adjust status, and that for CR-1 visa applicants AOS would cost $88 instead of $1070, which further added to the confusion as the $1070 is the total adjustment of status application cost in the United States, not the affidavit of support cost in the United States.

[ceadsearc 516]

Oh okay. It's just that everything I've read said if a person is on a tourist visa they can't adjust unless they didn't have the intention to immigrate. For the K-1, they stress that a person gets married in the U.S and are not allowed to have another ceremony in their home town or wherever before they enter or it can lead to denial but I guess that's specific to that kind of visa. I always thought that if you get married before you enter the U.S you have to file for CR-1 and go back home and wait. Learn new things everyday here

I believe the rule with the K-1 is because you need to be a fiance when you enter the country in order to qualify for the fiance visa, otherwise it's being misused.

Generally, it's much less common to see people who are already married and on a B-2 adjusting status (versus someone who just comes to visit and decides at the spur of the moment to get married), in part I believe because more questions about intent tend to be asked of spouses visiting on a tourist visa to make sure they aren't planning to adjust. However, some people do come without intent to adjust, and may even frequently visit the US and then leave (such as in situations where both partners live in the foreigner's country), but during one visit may make the choice after they have entered to stay as circumstances have changed.