I-130 Petition Approved, want to visit U.S. on B2 visa

[jaycali 415]

Congrats!

Also, to the poster suggesting to disallow AOS from tourist to LPR - I completely and utterly agree. No bona fide tourist suddenly and unexpectedly realizes they'd like to get married and adjust status.

Even in a case where the visitor may have been proposed to unexpectedly.. If they were a tourist, wouldn't they need to go back home and "pack up" before moving to the US for good?

The only thing that B-2 AOS does is to make it much more difficult for honest visitors to get visas, and instead reward those who miraculously have a "sudden" change of mind.

[Harpa Timsah 13,258]

AOS from B2 is NOT what consulates are worried about. It is a very small minority of cases. What makes it harder for people to get tourist visas is the people who come and never leave, the ones who stay indefinitely with no status. This is a marriage-focused board, so people are use to reading about marriage stuff, but the impact of this is very small.

The law is designed because in some cases forcing the foreigner to go home is overly bureaucratic. In other cases, the foreigner has long overstayed the tourist visa and forcing them to leave would incur a ban. This is done as a courtesy to the USC.

If you read the AOS-other forum, you will find plenty of people who, because of a change of circumstances, don't have any winter clothes because they didn't plan to stay until winter. Yet something happened and they decided to adjust status, and suffer the consequences (which are minor but do exist - they don't have their stuff and they can't travel to get it for months) instead of being separated from their loved one. These people might find out they are unexpectedly pregnant, for instance. Would you want the person to send the father back home for a while just for the sake of "fairness" and force the USC mother to endure pregnancy alone?

[jaycali 415]

AOS from B2 is NOT what consulates are worried about. It is a very small minority of cases. What makes it harder for people to get tourist visas is the people who come and never leave, the ones who stay indefinitely with no status.

I'm by no means suggesting that it's what they worry about the most when issuing B-2s, but I do know it is a concern. It also makes it more difficult for spouses legitimately wishing to visit their SOs while petitions are pending. Proving that you intend to return is more difficult when you have the option of legally not returning.

This is a marriage-focused board, so people are use to reading about marriage stuff, but the impact of this is very small.The law is designed because in some cases forcing the foreigner to go home is overly bureaucratic. In other cases, the foreigner has long overstayed the tourist visa and forcing them to leave would incur a ban. This is done as a courtesy to the USC.

The entire process is overly bureaucratic, and I realize that the way it works now, disallowing B-2s from AOS may not be possible, or at least, may require plenty of waivers for various reasons. If it was up to me, there would be a new version of the K-3. Students can get an F-1 or J-1 in a month, I don't really see why a K-3 couldn't have a similar time frame, given a petition was in process.

As for the ban, long overstaying one's tourist visa is a blunt violation of immigration law whether you're in the country or not. There are waivers available to overstayers. I don't see at all why a waiver should be required by those who leave voluntarily, but not by those who didn't leave.

If you read the AOS-other forum, you will find plenty of people who, because of a change of circumstances, don't have any winter clothes because they didn't plan to stay until winter. Yet something happened and they decided to adjust status, and suffer the consequences (which are minor but do exist - they don't have their stuff and they can't travel to get it for months) instead of being separated from their loved one. These people might find out they are unexpectedly pregnant, for instance. Would you want the person to send the father back home for a while just for the sake of "fairness" and force the USC mother to endure pregnancy alone?

As I said, I would be in favor of certain waivers, but if you already hold a B-2, or are eligible for the VWP, entering for short visits while the petition is pending would be easier if AOS was not an option.

The point is, if you enter on a B-2 or VWP, you say you are a tourist, intending to stay for less than 90 days, sometimes 180. To unexpectedly get married and adjust status while in the US as a tourist, after doing everything in your power to convince both the CBP and/or CO that you'll return implies there's some kind of extraordinary circumstance present. I'm all for F-1s, H-1bs etc adjusting, but allowing short term tourists to adjust just opens for fraud and loopholes, which we all suffer from in the end.

In the end, I'd rather see a new K-3 processed similarly to B-2s or F-1s, given a petition is pending. That would shorten the wait tremendously.

Edited March 6, 2012 by jhsm85

[downunder301 0]

I know I was lucky to get the B2 visa with the immigrant visa pending but I just got another welcome surprise. When we received the passports we were given a 10 year multiple entry visa for our first ever U.S. visa! If we need to come and go a few times before we move over we have the flexibility to do this and take our time.

Edited March 12, 2012 by downunder301

[Mishaal 1]

Note the key phrase "you must be satisfied...."...that means that the final decision is up to the VO, and also note that there are no specific documents, notarized or not, that are mentioned that would 'satisfy' a VO. The second sentence..."it may not be proper for you to refuse...." is not the same as "you must not refuse.." or " you cannot refuse..." -- remember, the VOs are primarly judging the intent of a tourist visa applicant...and intent is in the eye of the beholder (interviewer).

There is also a section of the FAM that states that an alien could use a B2 visa to travel to the US to marry his/her Amcit SO, as long as the applicant's intent is to depart the US later and file for the IV...of course, proving that would be difficult.

The real problem is this: all those mind changers who have fibbed to get a B2 visa, swearing up and down they will not remain in the US, but have a sudden and remarkable change of plans (that usually occurs at baggage claim) and file for AOS...I would propose a much simpler solution that might well result in more people qualifying for and obtaining tourist visas: namely, disallow ALL changes of status from B2 visas....no more mind changing..if you arrive as a tourist, leave as one. Increase the penalties for abuse and eliminate all waivers...in essence, enforce responsibility upon those who are not. These changes would not affect honest, bona fide travelers...it would only affect those whose true purpose of obtaining said visa is something else, so, take away that option and ramp up the downside for failing to abide by the terms of the visa privilege.

For example, overstay by even one day, that individual is barred from readmission for one year. period. No Waiver. No anything.

Overstay by 6 months to one year: barred for 5 years, no waiver, no anything.

Overstay by more than one year: 10 years, no waiver.

Some of you may think this sounds harsh, but before jumping to this conclusion, ask yourself....if an applicant is truly honest about their intentions and use their visas appropriately, then no harm can befall them. It's that simple.

If you fall in love moments after the wheels of the airplane kiss the runway, then return to your country and wait for the immigrant visa papers to be processed. If you want to study, go back home and seek a student visa. In other words, do what you said you were going to do....that is all.

With the current policy of waiving penalties and allowing relatively easy COS, the system is vulnerable to abuse, the VOs know this through their own experience, and thus are far more skeptical (and with good reason) when they hear the same story over and over.

Eliminate the opportunity for abuse, come down firmly on those who thumb their noses at our rules, and life would be simpler.

Agreed.

This would make the process so much easier!

[Mishaal 1]

Good news!

This gives me hope to apply now.

As i have a pending i-130 approval.

I need to visit the US in 2 months time as my USC wife is there and will give birth to our first child.

I will need a visit visa to go there for a month-40 days and return back.

My company already approved my vacation.

How long did it take you to get the tourist visa after you applied for it???

[Mishaal 1]

Good news!

This gives me hope to apply now.

As i have a pending i-130 approval.

I need to visit the US in 2 months time as my USC wife is there and will give birth to our first child.

I will need a visit visa to go there for a month-40 days and return back.

My company already approved my vacation.

How long did it take you to get the tourist visa after you applied for it???

[Mishaal 1]

Good news!

This gives me hope to apply now.

As i have a pending i-130 approval.

I need to visit the US in 2 months time as my USC wife is there and will give birth to our first child.

I will need a visit visa to go there for a month-40 days and return back.

My company already approved my vacation.

How long did it take you to get the tourist visa after you applied for it???