B1/B2 Visa to IR1 or CR1

[sfilshie 0]

Hi,

I have a friend who has recently arrived in America from Australia (she is Australian) with her fiance who is American. They plan to live in America for a few years and last week got engaged. Now they're travelling down the daunting visa process. I've come from a K1 to AOS background so I dont know anything about rolling over from a B1/B2 Touist visa (which is what she's on now) to either a K3 Spouse or IR1/CR1 visa type, so I'm trying to find some advice for her.

Does anyone know what is the best option for her?

Is she required to be in Australia when filing for a spouse visa? (they plan to marry at the local registry office here in America to commence the paperwork process but have their formal ceremony later in the year in Australia with her friends and family) Is changing from a Tourist visa to a K3, IR1 or CR1 called an Adjustment of Status similarly to rolling over from a K1?

Some basic facts:

- She's got a 12mth Tourist visa which was granted to her in Australia

- She's been here since Sept 2006

- She and her now fiance have been together for about 2 years (he lived and worked in Australia for a while)

- She plans to return to Australia twice this year for her sister's wedding and then xmas.

Thanks to anyone who can help!!

Sarah

Edited March 22, 2007 by sfilshie

[John and Sonya 0]

Hi,

I have a friend who has recently arrived in America from Australia (she is Australian) with her fiance who is American. They plan to live in America for a few years and last week got engaged. Now they're travelling down the daunting visa process. I've come from a K1 to AOS background so I dont know anything about rolling over from a B1/B2 Touist visa (which is what she's on now) to either a K3 Spouse or IR1/CR1 visa type, so I'm trying to find some advice for her.

Does anyone know what is the best option for her?

Is she required to be in Australia when filing for a spouse visa? (they plan to marry at the local registry office here in America to commence the paperwork process but have their formal ceremony later in the year in Australia with her friends and family) Is changing from a Tourist visa to a K3, IR1 or CR1 called an Adjustment of Status similarly to rolling over from a K1?

Some basic facts:

- She's got a 12mth Tourist visa which was granted to her in Australia

- She's been here since Sept 2006

- She and her now fiance have been together for about 2 years (he lived and worked in Australia for a while)

- She plans to return to Australia twice this year for her sister's wedding and then xmas.

Thanks to anyone who can help!!

Sarah

Your kidding? You cannot change a B-2 to an immigrant visa. If you try to file AOS in the US and not return before your 6 months, you can get deported and banned from US for 10 years. Some people have gotten away with it, but not worth the risk

[meauxna 15]

Why does she need a visa?

[meauxna 15]

If you try to file AOS in the US and not return before your 6 months, you can get deported and banned from US for 10 years. Some people have gotten away with it, but not worth the risk

Hunh?

Not so, not the way it's stated.

[pushbrk 12,892]

Why does she need a visa?

A very cogent question. The answer is she doesn't need a visa. Visas are used to enter a country. She's already here. The OP states the engagement happened after she legally entered the US. She can go ahead and adjust status to get a green card. What is illegal is to enter on a tourist visa with the intention of marriage. It is not illegal to make a decision to marry after legal arrival.

Section 10 of the I-130 instructions states....

NOTE: If the Form I-130 petition is being filed concurrently with Form I-485, Application to Register Permanent Residence or Adjust Status, submit both forms at the localUSCIS office having jurisdiction over the place where theForm I-485 applicant resides.

Once she marries the US Citizen she files and I-130 and I-485 concurrently. No new visa.

It is wise not to overstay the current visa but USCIS tends to forgive such things when one marries a US Citizen and is awaiting a duly filed adjustment of status.

Edited March 22, 2007 by pushbrk

[eau_xplain 2]

Technically, it will not be a conversion of a B1/B2 visa to an immigrant one. Your friend will be applying for a totally new and different benefit (whether AOS, K3, CR1/IR1).

Based on the facts:

- She's got a 12mth Tourist visa which was granted to her in Australia

- She's been here since Sept 2006

Ask your friend to check her I-94. Even if she was granted a tourist visa that's valid for 12 months, she was probably given only 90 days stay for this particular visit. It is very rare for immigration to grant 12 month visits at a time. So, there is a possibility that your friend has already overstayed. If she has overstayed, then she has to make her decision before her overstay goes over 180 days as she will then be subject to a 3-year bar.

- She plans to return to Australia twice this year for her sister's wedding and then xmas.

If your friend decides to apply for AOS here, which she can once she marries her fiance, she will have to wait until she gets her Advance Parole approved before she can leave the country. So she will need to make a determination whether she can get her AP in time for her sister's wedding. If she is short of time she might just consider going through the K3 or CR1/IR1 route. The down side is that she will have to wait until she gets her K3 or CR1 before she can come back to the US (unless she is able to get her B1/B2 visa renewed).

Edited March 22, 2007 by eau_xplain

[meauxna 15]

Ask your friend to check her I-94. Even if she was granted a tourist visa that's valid for 12 months, she was probably given only 90 days stay for this particular visit.

A B visa entry is usually for 6 months validity.

VWP = 90 days.

[Yodrak 7]

Sarah,

One cannot "roll over" visas. If one wants a different type of visa from what they have, they apply for the new visa.

However, visas are not what you should be asking about. One can apply to change from one non-immigrant status to another, or to adjust from a non-immigrant status to immigrant status.

Yodrak

Hi,

I have a friend who has recently arrived in America from Australia (she is Australian) with her fiance who is American. They plan to live in America for a few years and last week got engaged. Now they're travelling down the daunting visa process. I've come from a K1 to AOS background so I dont know anything about rolling over from a B1/B2 Touist visa (which is what she's on now) to either a K3 Spouse or IR1/CR1 visa type, so I'm trying to find some advice for her.

Does anyone know what is the best option for her?

Is she required to be in Australia when filing for a spouse visa? (they plan to marry at the local registry office here in America to commence the paperwork process but have their formal ceremony later in the year in Australia with her friends and family) Is changing from a Tourist visa to a K3, IR1 or CR1 called an Adjustment of Status similarly to rolling over from a K1?

Some basic facts:

- She's got a 12mth Tourist visa which was granted to her in Australia

- She's been here since Sept 2006

- She and her now fiance have been together for about 2 years (he lived and worked in Australia for a while)

- She plans to return to Australia twice this year for her sister's wedding and then xmas.

Thanks to anyone who can help!!

Sarah

[John and Sonya 0]

If you try to file AOS in the US and not return before your 6 months, you can get deported and banned from US for 10 years. Some people have gotten away with it, but not worth the risk

Hunh?

Not so, not the way it's stated.

But she says she know the person for 2 years, and not sure who sponsored her, but if spouse, then it would definately be suspicious of intent to marry. Also isnt Australia a WVP - therefore 3 months if 12 month WVP and if arrived in September, she overstayed her tourist visa? Not 100% of the rules? IF so, 2 strikes? I would call local immigration office in US and ask.

Edited March 23, 2007 by John and Sonya

[antda 13]

Hi Sfilshie,

Good luck on your immigration journey. From personal experience, arriving in the USA on a visitor's visa (B2 Visa) from Canada, getting married, and then applying for an AOS is legal to do. This is provided if they DID NOT come into the USA with the intention of immigration fraud by getting married here in the USA. The AOS this way worked for me (as I got my AOS approved/Green Card), but I can't say that it will work for everyone else, as every situation is different. My best advice to your and to anyone else who want to go through this route: Get your story straight, your paperwork organized and hire a good immigration lawyer.

Hope this helps. If not, then I hope it offers an insight as to another " non-traditional immigration alternative"...

Ant

Hi,

I have a friend who has recently arrived in America from Australia (she is Australian) with her fiance who is American. They plan to live in America for a few years and last week got engaged. Now they're travelling down the daunting visa process. I've come from a K1 to AOS background so I dont know anything about rolling over from a B1/B2 Touist visa (which is what she's on now) to either a K3 Spouse or IR1/CR1 visa type, so I'm trying to find some advice for her.

Does anyone know what is the best option for her?

Is she required to be in Australia when filing for a spouse visa? (they plan to marry at the local registry office here in America to commence the paperwork process but have their formal ceremony later in the year in Australia with her friends and family) Is changing from a Tourist visa to a K3, IR1 or CR1 called an Adjustment of Status similarly to rolling over from a K1?

Some basic facts:

- She's got a 12mth Tourist visa which was granted to her in Australia

- She's been here since Sept 2006

- She and her now fiance have been together for about 2 years (he lived and worked in Australia for a while)

- She plans to return to Australia twice this year for her sister's wedding and then xmas.

Thanks to anyone who can help!!

Sarah

[meauxna 15]

If you try to file AOS in the US and not return before your 6 months, you can get deported and banned from US for 10 years. Some people have gotten away with it, but not worth the risk

Hunh?

Not so, not the way it's stated.

But she says she know the person for 2 years, and not sure who sponsored her, but if spouse, then it would definately be suspicious of intent to marry. Also isnt Australia a WVP - therefore 3 months if 12 month WVP and if arrived in September, she overstayed her tourist visa? Not 100% of the rules? IF so, 2 strikes? I would call local immigration office in US and ask.

The OP says the woman entered on a B visa. B entrants typically get 6 months stay. She is here as a visitor. She is going to marry a USC. Even if she is in overstay (likely by now), that will be forgiven at her AOS.

She is making a problem for herself with the travel however, and she would be smart to meet with an immigration lawyer to go over any other possible problems before they actually file anything.

[sfilshie 0]

Hi All,

Thank you for all your responses...it's starting to help out.

She did return home to Australia for a few weeks in December for xmas, so I presume her I-94 will be ok. I'll get her to check though.

As for suspicious intent, well it may sound like it but it's really not. The simple fact is that they will eventually live in Australia, her fiance has been down there working for 2yrs so wanted to return to America one last time shall I say before making the huge commitment to move. It's hard to get work so she applied for a tourist visa so they could be together and luckily got it. Then they decided to marry, they have her sisters wedding to work around, etc, which is why they are thinking a quiet filing of paper work to get the ball rolling as she knows what I went through to get my K1 and then have the big wedding do later in the year when they return to Oz for xmas.

Good point on the multiple travels home this year...def something to be aware of and could make it more difficult for her. And I agree with the immigration lawyer option.

One thing I am confused about is IF they do decide to get married here in america, it's then a matter of filing for a new visa? Whether it be K3, IR1 or CR1? And then waiting for the Advance Parole permit. OR would you say it's easier to just wait out the engagement and get married in Australia and then start filing? The problem I see with the latter is that she'll have to stay in Australia until she's granted her visa, which means he would have to either stay down there with her or they'd be apart while he returns to America.

[eau_xplain 2]

Ask your friend to check her I-94. Even if she was granted a tourist visa that's valid for 12 months, she was probably given only 90 days stay for this particular visit.

A B visa entry is usually for 6 months validity.

VWP = 90 days.

Right! I got that mixed up!!

[Boiler 45,522]

Have a look at DCF Australia, out of touch but it used to be it was a very easy and quick route.

When she came back in December was it just to visit? That is the issue. I am assuming that as it is now March the answer is yes.

She needs all the documentation etc so if she needs to leave within the next say 4 months she will need to go through Australia - DCF/K1/K3 as appropriate.

[Yodrak 7]

sfilshie,

Points of clarification:

- IR1 and CR1 are the same visa, an immigrant visa for a spouse

- advance parole has nothing to do with an immigrant visa, and in most cases nothing to do with a K3 visa either

Yodrak

.....

One thing I am confused about is IF they do decide to get married here in america, it's then a matter of filing for a new visa? Whether it be K3, IR1 or CR1? And then waiting for the Advance Parole permit. .....