Jump to content
MrsIslandGIrl

Advise Needed on AoS When on B1/B2 Non-Immigrant Visa

By MrsIslandGIrl in Adjustment of Status from Work, Student, & Tourist Visas

 Share

23 posts in this topic

Recommended Posts

MrsIslandGIrl Rookie

MrsIslandGIrl   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

Here are the pertinent facts surrounding my circumstance:

My US visa was issued in 2008; under 'Visa Type/Class' it says: "R B1/B2". Used my visa a few months after it was approved. Then returned back to home country. After a few years, I met my then boyfriend (now husband), and in 2011 we got married in the US -- still on my tourist visa. Then I went back to home country, again. My husband is in the Navy and he was stationed in Japan. I went back home to my country to process a tourist visa for Japan. We lived there from May 2011 until Apr. 27th this year. I flew to US by myself. At the airport, the customs officer asked questions;

a. What is the purpose of your visit?

To visit family and friends.

b. How is it you have family in the US?

I'm visiting my husband's family.

c. Where is your husband?
He is still in Japan, he's in the Navy and is stationed there.

d. Do you have any identification to confirm that fact?

*I proceeded to show him my military ID*

*He then let me through.*

My husband's orders here were to go to school for 6 months; on the 2nd month, their class got assigned orders and my husband is to be stationed in Connecticut in the next 4 years.

Being on a tourist visa, I'm only allowed to stay here for 6 months. My I-94 doesn't say/have any date on it, just a stamp and the officer's handwriting saying, "B2". I do know I need to leave before Oct. 27th.

Would it be advisable to file an adjustment of status (concurrent with an I-130) while I'm here on a non-immigrant visa?

Please put your two cents in. Any advise will be appreciated.

Thank you.

Edited by MrsIslandGIrl

This I say to the love of my life:

Thank you for bringing me some pixie dust for happiness, a splurge of magic for daydreams coming to life and awhole lotta love to last forever. (http://domesticatedislandgirl.blogspot.com/2012/03/i-am-sailor-boys-island-girl.html)

August 2010: Met husband through cousin.

April 2011: Husband proposed in Cebu, Philippines.
December 2011: Got married in USA.
January 2012: Parted ways; The Hubb back to Japan (where he has been stationed since he got out of boot camp) and me, back to Cebu.
April 2012: Applied for Japanese tourist visa.
May 2012: Approved and subsequently flew to Japan to be with The Hubb.
July 2012: Applied for adjustment of status -- SOFA visa; Japan Immigration cancelled tourist visa and got a stamp of re-entry permit from US Naval Base.
September 2012: Vacationed in Cebu; flew back to Japan with nary a hitch.
April 2013: Flew to US (with B1/B2 visa), POE: Chicago, IL.
July 2013: Found out The Hubb will be stationed in the US for the next 4 years.
October 2013: Filled I-130 and I-485 concurrently, with I-765.
October 2013: NOA1
October 2013: Biometrics and fingerprinting appointment received.
November 2013: Biometrics and fingerprinting completed.
November 2013: Received email that I-485 is now on 'Testing and Interview' phase.
December 2013: Received EAD.
December 2013: Interview appointment set for January.
January 2014: Approved.
January 2014: Received Green Card in the mail.
Link to comment
Share on other sites
Harpa Timsah Grand Master

Harpa Timsah   13,258

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

Yes, go ahead. Is your husband back in the US now?

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites
MrsIslandGIrl Rookie

MrsIslandGIrl   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

Yes, go ahead. Is your husband back in the US now?

Yes, he is. Still going through with the schooling.

I've been reading posts on here that are a tad similar to our situation. But yesterday, my husband finally talked to a Navy lawyer at his school and patched us through an immigration lawyer and the latter lawyer said to go back home and do the application that way. He said our petition + AoS will definitely be denied. Opposite to what I've been reading here from experts and people's feedback who have talked to other immigration lawyers.

This I say to the love of my life:

Thank you for bringing me some pixie dust for happiness, a splurge of magic for daydreams coming to life and awhole lotta love to last forever. (http://domesticatedislandgirl.blogspot.com/2012/03/i-am-sailor-boys-island-girl.html)

August 2010: Met husband through cousin.

April 2011: Husband proposed in Cebu, Philippines.
December 2011: Got married in USA.
January 2012: Parted ways; The Hubb back to Japan (where he has been stationed since he got out of boot camp) and me, back to Cebu.
April 2012: Applied for Japanese tourist visa.
May 2012: Approved and subsequently flew to Japan to be with The Hubb.
July 2012: Applied for adjustment of status -- SOFA visa; Japan Immigration cancelled tourist visa and got a stamp of re-entry permit from US Naval Base.
September 2012: Vacationed in Cebu; flew back to Japan with nary a hitch.
April 2013: Flew to US (with B1/B2 visa), POE: Chicago, IL.
July 2013: Found out The Hubb will be stationed in the US for the next 4 years.
October 2013: Filled I-130 and I-485 concurrently, with I-765.
October 2013: NOA1
October 2013: Biometrics and fingerprinting appointment received.
November 2013: Biometrics and fingerprinting completed.
November 2013: Received email that I-485 is now on 'Testing and Interview' phase.
December 2013: Received EAD.
December 2013: Interview appointment set for January.
January 2014: Approved.
January 2014: Received Green Card in the mail.
Link to comment
Share on other sites
Harpa Timsah Grand Master

Harpa Timsah   13,258

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

Yes, he is. Still going through with the schooling.

I've been reading posts on here that are a tad similar to our situation. But yesterday, my husband finally talked to a Navy lawyer at his school and patched us through an immigration lawyer and the latter lawyer said to go back home and do the application that way. He said our petition + AoS will definitely be denied. Opposite to what I've been reading here from experts and people's feedback who have talked to other immigration lawyers.

Lawyer is totally wrong, the second one today. It's making me annoyed.

AOS exists for these sorts of reasons, your circumstances changed after you entered the US and it would be overly bureaucratic to force you to go home just to come back. The US law understands this and has made exceptions for it.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites
ValerieA Experienced

ValerieA   350

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

Yes, he is. Still going through with the schooling.

I've been reading posts on here that are a tad similar to our situation. But yesterday, my husband finally talked to a Navy lawyer at his school and patched us through an immigration lawyer and the latter lawyer said to go back home and do the application that way. He said our petition + AoS will definitely be denied. Opposite to what I've been reading here from experts and people's feedback who have talked to other immigration lawyers.

Did he say why it would be denied? You case looks like a straightforward AOS to me.

Lawyer is totally wrong, the second one today. It's making me annoyed.

Me, too. ranting33va.gif

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

Link to comment
Share on other sites
MrsIslandGIrl Rookie

MrsIslandGIrl   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

Did he say why it would be denied? You case looks like a straightforward AOS to me.

Me, too. ranting33va.gif

ValerieA, he said that since I'm on a tourist visa, I need to comply with the conditions imposed on it -- not stay in the country beyond 6 months.

This I say to the love of my life:

Thank you for bringing me some pixie dust for happiness, a splurge of magic for daydreams coming to life and awhole lotta love to last forever. (http://domesticatedislandgirl.blogspot.com/2012/03/i-am-sailor-boys-island-girl.html)

August 2010: Met husband through cousin.

April 2011: Husband proposed in Cebu, Philippines.
December 2011: Got married in USA.
January 2012: Parted ways; The Hubb back to Japan (where he has been stationed since he got out of boot camp) and me, back to Cebu.
April 2012: Applied for Japanese tourist visa.
May 2012: Approved and subsequently flew to Japan to be with The Hubb.
July 2012: Applied for adjustment of status -- SOFA visa; Japan Immigration cancelled tourist visa and got a stamp of re-entry permit from US Naval Base.
September 2012: Vacationed in Cebu; flew back to Japan with nary a hitch.
April 2013: Flew to US (with B1/B2 visa), POE: Chicago, IL.
July 2013: Found out The Hubb will be stationed in the US for the next 4 years.
October 2013: Filled I-130 and I-485 concurrently, with I-765.
October 2013: NOA1
October 2013: Biometrics and fingerprinting appointment received.
November 2013: Biometrics and fingerprinting completed.
November 2013: Received email that I-485 is now on 'Testing and Interview' phase.
December 2013: Received EAD.
December 2013: Interview appointment set for January.
January 2014: Approved.
January 2014: Received Green Card in the mail.
Link to comment
Share on other sites
MrsIslandGIrl Rookie

MrsIslandGIrl   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

Lawyer is totally wrong, the second one today. It's making me annoyed.

AOS exists for these sorts of reasons, your circumstances changed after you entered the US and it would be overly bureaucratic to force you to go home just to come back. The US law understands this and has made exceptions for it.

I keep reading about this 'pre-conceived intent to stay'. So I'm worried they're going to question us about that. Especially since we were already married when we came here.

This I say to the love of my life:

Thank you for bringing me some pixie dust for happiness, a splurge of magic for daydreams coming to life and awhole lotta love to last forever. (http://domesticatedislandgirl.blogspot.com/2012/03/i-am-sailor-boys-island-girl.html)

August 2010: Met husband through cousin.

April 2011: Husband proposed in Cebu, Philippines.
December 2011: Got married in USA.
January 2012: Parted ways; The Hubb back to Japan (where he has been stationed since he got out of boot camp) and me, back to Cebu.
April 2012: Applied for Japanese tourist visa.
May 2012: Approved and subsequently flew to Japan to be with The Hubb.
July 2012: Applied for adjustment of status -- SOFA visa; Japan Immigration cancelled tourist visa and got a stamp of re-entry permit from US Naval Base.
September 2012: Vacationed in Cebu; flew back to Japan with nary a hitch.
April 2013: Flew to US (with B1/B2 visa), POE: Chicago, IL.
July 2013: Found out The Hubb will be stationed in the US for the next 4 years.
October 2013: Filled I-130 and I-485 concurrently, with I-765.
October 2013: NOA1
October 2013: Biometrics and fingerprinting appointment received.
November 2013: Biometrics and fingerprinting completed.
November 2013: Received email that I-485 is now on 'Testing and Interview' phase.
December 2013: Received EAD.
December 2013: Interview appointment set for January.
January 2014: Approved.
January 2014: Received Green Card in the mail.
Link to comment
Share on other sites
ValerieA Experienced

ValerieA   350

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

ValerieA, he said that since I'm on a tourist visa, I need to comply with the conditions imposed on it -- not stay in the country beyond 6 months.

Run away from that lawyer as fast as you can, he does not know immigration law.

You are fine to AOS. Follow the guide in the menu above.

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

Link to comment
Share on other sites
ValerieA Experienced

ValerieA   350

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

I keep reading about this 'pre-conceived intent to stay'. So I'm worried they're going to question us about that. Especially since we were already married when we came here.

That's the bogeyman people who have not AOS'd use to scare people off of the process. I have the link in my signature below to the part of the field adjuticators' manual where it states they can not use intent as a reason to deny. I was married before I came here, and I AOS'd with no issues, as have many others. As long as you have a bonafide marriage, you should not have any issues.

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

Link to comment
Share on other sites
Harpa Timsah Grand Master

Harpa Timsah   13,258

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

ValerieA, he said that since I'm on a tourist visa, I need to comply with the conditions imposed on it -- not stay in the country beyond 6 months.

Oh, that doesn't sound like even a barely competent lawyer. Doesn't sound like he knows immigration at all.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites
Jettechfsr Explorer

Jettechfsr   5

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

Also with him being in the navy application should process fast good luck

USCIS

11/09/2012 Filed I-130
11/19/2012 Received NOA1
03/22/2013 Had Congressional Inquiry case at Irving Field Office
05/25/2013 Case sent from Irving Tx to Kansas City Field Office
06/17/2013 Filed 129F for K3 NOA1
07/12/2013 Info pass found out case sent to Kansas see above
07/12/2013 Congressional Inquiry again
07/22/2013 Received RFE (Bona Fide Marriage)
07/25/2013 Sent in RFE for requested information
08/2/2013 I130 approved
08/8/2013 NOA2 in hand

*272 days at USCIS

NVC

08/15/2013 Case Received at NVC

08/28/2013 Called Have Case # and IIN #

09/03/2013 Received AOS invoice email setup online payment filled out DS-261online

09/05/2013 Status shows paid printed off cover sheet and sent I-864 package

09/06/2013 NVC said DS-261 accepted should be 10 working days to invoice

09/24/2013 Received IV Invoice and setup payment 13 working days from DS-261

09/25/2013 IV Showed Paid started working on DS-260

10/25/2013 DS-260 completed and submitted

11/04/2013 Received Checklist for Photo's and a current NBI (criminal report)

11/20/2013 Sent Checklist Items to NVC

12/17/2013 Called NVC Today they said Case Completed

12/24/2013 Received Official email of Case Complete

12/27/2013 Received interview instruction interview date set 02/06/2014.

*134 Days at NVC

USA Embassy Manila

01/29/2014 Completed Medical at St Luke's Extension Clinic

02/06/2014 Completed Interview and they said she was approved smile.png

02/10/2014 CEAC Status changed from "Ready" to issued.

02/13/2014 Received txt message from 2go passport in transit.

02/14/2014 Passport with Visa in hand.

Arrived

02/18/14 POE at DFW YES!!!!

*467 days from filing to arrival

03/31/2014 Green Card in hand :dancing:

Link to comment
Share on other sites
christeen Experienced

christeen   966

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
Posted

I concur... Your circumstances changed after your arrived. If his orders had remained the same, you would have left according to your visa stipulations...but given the situation, you should not have issues AOSing... And drop that lawyer ASAP ! Congratulations

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Link to comment
Share on other sites
Ontarkie Grand Master

Ontarkie   14,225

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Thread moved to Adjustment of Status from Work, Student, & Tourist Visas, from General Immigration - As this is the process they are going to follow~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites
MrsIslandGIrl Rookie

MrsIslandGIrl   1

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted (edited)

Wow... the relief I am feeling right now... just a weight off my back. Finally, concurring answers -- from different people on all walks of life.

Thank you, thank you, everyone.

ETA: Are they going to ask us to prove that I had no intent to stay?

Edited by MrsIslandGIrl

This I say to the love of my life:

Thank you for bringing me some pixie dust for happiness, a splurge of magic for daydreams coming to life and awhole lotta love to last forever. (http://domesticatedislandgirl.blogspot.com/2012/03/i-am-sailor-boys-island-girl.html)

August 2010: Met husband through cousin.

April 2011: Husband proposed in Cebu, Philippines.
December 2011: Got married in USA.
January 2012: Parted ways; The Hubb back to Japan (where he has been stationed since he got out of boot camp) and me, back to Cebu.
April 2012: Applied for Japanese tourist visa.
May 2012: Approved and subsequently flew to Japan to be with The Hubb.
July 2012: Applied for adjustment of status -- SOFA visa; Japan Immigration cancelled tourist visa and got a stamp of re-entry permit from US Naval Base.
September 2012: Vacationed in Cebu; flew back to Japan with nary a hitch.
April 2013: Flew to US (with B1/B2 visa), POE: Chicago, IL.
July 2013: Found out The Hubb will be stationed in the US for the next 4 years.
October 2013: Filled I-130 and I-485 concurrently, with I-765.
October 2013: NOA1
October 2013: Biometrics and fingerprinting appointment received.
November 2013: Biometrics and fingerprinting completed.
November 2013: Received email that I-485 is now on 'Testing and Interview' phase.
December 2013: Received EAD.
December 2013: Interview appointment set for January.
January 2014: Approved.
January 2014: Received Green Card in the mail.
Link to comment
Share on other sites
ValerieA Experienced

ValerieA   350

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

Wow... the relief I am feeling right now... just a weight off my back. Finally, concurring answers -- from different people on all walks of life.

Thank you, thank you, everyone.

ETA: Are they going to ask us to prove that I had no intent to stay?

No.

I'm going to qualify that with - we haven't seen one person asked to prove non-intent on this forum since I've been on here (2009, about) so I don't see why they should start with you. Also, if they can't use it as a reason to deny, what would be the point?

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

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...