AOS from B2, preconcieved intent

[newyorkaos 15]

I have previously posted questions that background our situation but this time this in in anticipation of upcoming AOS interview.
My wife has a B2 visa she got when visiting with family here in the States. She has used the same visa a few times to visit me while we were not married yet. We got married finally while I was still on my greencard, two years shy of applying for naturalization. She came with me back to the states to help me settle and was definitely planning coming back to our country because she was in her 3rd year of med school. At this time the F2A category became current,we applied for I-130, approved, and bulletin retrogressed. She also applied for B2 visa extension which was also approved. At a later point, circumstances changed, and it became difficult for us, especially for me that we separate so with uncertainty, we decided that she overstays. Now we are anticipating our AOS interview and we are getting ready to be questioned fully on her preconceived intent of overstaying when she back with me after our wedding. What will be the possible hurdles/questions/ that we should get ready for in this case? Is there anything we could do to improve the outcome? I ask that please don't pass any judgment on the decisions that we have made. We all come from different circumstances and I just want a rational and open minded input. Thank you in advance!

[Pitaya 2,577]

~Moved from Fam.-based AOS to WStudentT-based AOS Forum~

~Adjusting from student visa~

[newacct 688]

Did you naturalize yet?

Also, the other thing I don't understand is, if F2A was current, why she didn't file I-485? If I-485 was filed when it was current, she would have been able to stay, regardless of later retrogression, and she wouldn't have needed Extension of Status or anything like that.

Edited June 27, 2016 by newacct

[newyorkaos 15]

I naturalized in March of this year, applied for her AOS the following week. We are awaiting interview.

When we applied for F2A I130, it was a month i think behind and we took chance that it will move forward, but it did not, after a few months when theI-130was approved, it still did not move, and basically USCIS letter said that she could not adjust as the visa was no longer current.

[EM_Vandaveer 2,417]

You are a USC, she entered legally, she can AOS now.

Intent alone is not a reason to deny in those circumstances, anyway.

So no worries.

[newacct 688]

Preconceived intent is not an issue. AOS for immediate relatives cannot be denied for preconceived intent alone. The question is did she lie anywhere. If she didn't lie then it shouldn't be a problem.

[newyorkaos 15]

No lies at any point. Thank you so much for your input, makes me feel better. God bless!

[Yesteryear 0]

On 6/27/2016 at 10:39 AM, newyorkaos said:

I have previously posted questions that background our situation but this time this in in anticipation of upcoming AOS interview.
My wife has a B2 visa she got when visiting with family here in the States. She has used the same visa a few times to visit me while we were not married yet. We got married finally while I was still on my greencard, two years shy of applying for naturalization. She came with me back to the states to help me settle and was definitely planning coming back to our country because she was in her 3rd year of med school. At this time the F2A category became current,we applied for I-130, approved, and bulletin retrogressed. She also applied for B2 visa extension which was also approved. At a later point, circumstances changed, and it became difficult for us, especially for me that we separate so with uncertainty, we decided that she overstays. Now we are anticipating our AOS interview and we are getting ready to be questioned fully on her preconceived intent of overstaying when she back with me after our wedding. What will be the possible hurdles/questions/ that we should get ready for in this case? Is there anything we could do to improve the outcome? I ask that please don't pass any judgment on the decisions that we have made. We all come from different circumstances and I just want a rational and open minded input. Thank you in advance!

May i asked the reason given to get the b2 extension approval?