tourist visa expiring! sending I-130 and I-485 this week, do I need to extend my visa?

[Hansen 0]

Hello visa journey

I've heard such good things about this website I thought I should ask.

I'm a spouse of a US citizen and I'm sending all of the required forms for the application for permanent residency this week. I-130, I-485, 2 x G-325's, I-765 and G-1145,

along with other papers needed.

My B1/B2 tourist visa expires in 2 months and I'm don't know if I have to send the application form to extend my B1/B2 with it?

I'm worried that I send in all of my forms and then I don't hear from the USCIS until after my visa expires...

Has anyone had a similar experience or know what's ahead of me?

Any suggestions would be well received.

[JohnR! 5,495]

Hello visa journey

I've heard such good things about this website I thought I should ask.

I'm a spouse of a US citizen and I'm sending all of the required forms for the application for permanent residency this week. I-130, I-485, 2 x G-325's, I-765 and G-1145,

along with other papers needed.

My B1/B2 tourist visa expires in 2 months and I'm don't know if I have to send the application form to extend my B1/B2 with it?

I'm worried that I send in all of my forms and then I don't hear from the USCIS until after my visa expires...

Has anyone had a similar experience or know what's ahead of me?

Any suggestions would be well received.

Presuming you married after being in the US for 90 days, don't worry about extending your B1/B2 visa. Send in your AOS package and whatever you do, do NOT leave the country until you are permitted to return as a LPR.

[Penguin_ie 5,996]

*** Moving from Tourist visa to Adjusting Status from Tourist visa forum ***

No need to extend your B2, the application to AOS will do that automatically. You likely won;t be done by the time your tourist visa expires, but that is ok, as long as you do not leave the USA until you have your greencard.

[Hansen 0]

ok wow thanks for a quick response

I should add some facts if you could maybe tell me if I'm missing something

1.we got married in Europe legally in jan2012 and we have affidavits and certificates and everything

2.We've been in the US since April and my B1/B2 visa expires in the end of September

3.We're sending this week I-130, I-485(adjustment of status), 2 X G-325(bio), I-864(sponsor), I-693(medical examination),

I-765(work permit) and G-1145(E-Notification)

4.Two separate checks for the I-130 fee and the I-485

5.Birth certificates, clean criminal records, joint bank accounts, joint apartment lease

and that's it. Right?

It's all a bit daunting

Thank you

A. Hansen

[JohnR! 5,495]

1343073715[/url]' post='5549048']

ok wow thanks for a quick response

I should add some facts if you could maybe tell me if I'm missing something

1.we got married in Europe legally in jan2012 and we have affidavits and certificates and everything

2.We've been in the US since April and my B1/B2 visa expires in the end of September

3.We're sending this week I-130, I-485(adjustment of status), 2 X G-325(bio), I-864(sponsor), I-693(medical examination),

I-765(work permit) and G-1145(E-Notification)

4.Two separate checks for the I-130 fee and the I-485

5.Birth certificates, clean criminal records, joint bank accounts, joint apartment lease

and that's it. Right?

It's all a bit daunting

Thank you

A. Hansen

Hansen, in the eyes of the USCIS it may seem that you entered the US with the intention of staying and adjusting your status here, which is considered immigration fraud.

[JohnR! 5,495]

1343073715[/url]' post='5549048']

ok wow thanks for a quick response

I should add some facts if you could maybe tell me if I'm missing something

1.we got married in Europe legally in jan2012 and we have affidavits and certificates and everything

2.We've been in the US since April and my B1/B2 visa expires in the end of September

3.We're sending this week I-130, I-485(adjustment of status), 2 X G-325(bio), I-864(sponsor), I-693(medical examination),

I-765(work permit) and G-1145(E-Notification)

4.Two separate checks for the I-130 fee and the I-485

5.Birth certificates, clean criminal records, joint bank accounts, joint apartment lease

and that's it. Right?

It's all a bit daunting

Thank you

A. Hansen

Hansen, in the eyes of the USCIS it may seem that you entered the US with the intention of staying and adjusting your status here, which is considered immigration fraud.

Here is how this plays out. If you did enter the US with the idea of adjusting your status and staying, even if you did not know how the law reads, it may very well be deemed as fraud. If that was your case, the best course of action would be for your spouse to file the I-130 and you may try to get an extension to your B2 visa and stay in the US as long as you're allowed. There is no guarantee that your stay will be extended so you need to be prepared to return to your home country and wait for your process to run its course with the USCIS, at the end of which you should be granted conditional residence in the US, at which point you can travel to the US and enter the country legally, and stay as a LPR.

If the AOS was a spur of the moment decision after you were in the US, legally you're in the clear but you need to be prepared to be subjected to the suspicion of the USCIS. The reason being all you'll have will be your word, and in cases of immigration the burden falls on the petitioner and beneficiary, not on the USCIS. You need to be prepared for the scrutiny of immigration for the following two years during which you will be granted conditional residence pending Removal of Cnditions at the end of that period. The USCIS may conduct surprise visits to your home and demand a lot of evidence to prove your marriage is legit. My presumption is that you are legit, so all you need do is make sure you amass the required and accepted evidence to show the USCIS on demand.

In closing let me say I do not wish to rain on your parade nor do I presume in any way to pass judgment. I am simply telling you how the system tends to work so that you can avoid unpleasant surprises in your journey.

I wish you the best of luck!

[ValerieA 350]

As long as there are no other overwhelming negative factors, intent is not an issue when AOSing. There have been many threads on this, on this forum.

[Hansen 0]

Thanks all for the input. As it is, we are legitimately married and did not have the intention to adjust upon arrival. Thank you for the advanced warning about what to possibly expect from USCIS, forewarned is forearmed.

[DandT14 272]

Unless I'm mistaken, if you apply for an extension to your visa, you have to give a reason why you need it. I don't think they would accept "need more time to file my AOS." And you don't want to lie and say you need more time to see the sights. So, (based on my logic, anyway) an extension isn't an option, nor is it needed.

Good luck!

[CitizenJ 5]

Send in your AOS package and whatever you do, do NOT leave the country until you are permitted to return as a LPR.

What is LPR? What would happen if they left the country before they got LPR?

[JohnR! 5,495]

What is LPR? What would happen if they left the country before they got LPR?

LPR stands for Legal Permanent Resident.

If you leave the country before you are considered a LPR your process is halted and you would have to start it all over again.

[ceadsearc 516]

LPR stands for Legal Permanent Resident.

If you leave the country before you are considered a LPR your process is halted and you would have to start it all over again.

They can also return with AP if they haven't overstayed.

[JohnR! 5,495]

1343250833[/url]' post='5555960']

They can also return with AP if they haven't overstayed.

Yes, they can.

[Hansen 0]

So we've been preparing these papers for about a month now and this is the first time we've heard that what we are doing might be considered fraud.

We called both the USCIS helpline and the US Embassy in my home country and no one ever mentioned fraud. They just told us which forms to file. In fact the embassy clerk specifically said, 'It isn't illegal'.

My wife(US citizen) and I lived in a VWP Country for about a year and got married there. We then decided to visit her parents in the US, I decided to get a B1/B2 visa in March so that I would be able to stay longer than 90 days. Therefore the purpose of the visit was simply to visit her parents over the summer. However my wife got offered a job much better than anything she could get in my home country. We then found out I could apply for AOS since we're already married. Is that wrong? Would we be in a better situation if we had gotten married while in the US?

Is there any way of going through this progress without us being seperated for several months? The intent was to visit...

We haven't sent in any forms yet. We want to do this legally with the least amount of cost and seperation time. Any suggestions

[DandT14 272]

So we've been preparing these papers for about a month now and this is the first time we've heard that what we are doing might be considered fraud.

We called both the USCIS helpline and the US Embassy in my home country and no one ever mentioned fraud. They just told us which forms to file. In fact the embassy clerk specifically said, 'It isn't illegal'.

My wife(US citizen) and I lived in a VWP Country for about a year and got married there. We then decided to visit her parents in the US, I decided to get a B1/B2 visa in March so that I would be able to stay longer than 90 days. Therefore the purpose of the visit was simply to visit her parents over the summer. However my wife got offered a job much better than anything she could get in my home country. We then found out I could apply for AOS since we're already married. Is that wrong? Would we be in a better situation if we had gotten married while in the US?

Is there any way of going through this progress without us being seperated for several months? The intent was to visit...

We haven't sent in any forms yet. We want to do this legally with the least amount of cost and seperation time. Any suggestions

Yes, you can apply for AOS and you don't have to leave the country and be separated.

The only reason it might be considered fraud is if you intended to stay and adjust status when you entered. If you entered with the intent of leaving and later changed your mind, then you're fine. They probably won't even ask you, but if they do then the job is a good reason to have changed your mind.

Just be prepared to answer the questions if they come up, which they probably won't. But, if I were a pain-in-the-#### interviewer, I would ask if your wife was looking for a job because she knew you guys weren't leaving?

If you can show that you intended to leave when you arrived (like still had a place or job or whatever in your home country) then you'll be fine. Don't stress too much.

Edited August 3, 2012 by DandT14