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Aqua101 Newbie

Aqua101   0

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Posted

Hello, 

I'm married to a us citizen 2 months now. I'm a b1/b2 visa holder. Went home after getting married came back two weeks ago.  How do we go about applying for my green card?  And will the fact that I am a b1/b2 Visa holder be a problem?? 

 

 

 

Thank you. 

audacieux89 Collaborator

audacieux89   256

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted (edited)

What route are you going for? Are you going to adjust status while inside the US (you might need to stay in the US and not leave during this process and this takes at least 6 months). Note that you cannot work as well because you are on a b1/b2 visa which is only for tourism/medical purposes.

 

Or you can opt for the petition for alien relative. You will get the green card when your application is approved...this can take 12-14 months if I am not mistaken...With this, you can go back to your home country while petition is ongoing.

Edited by audacieux89

-=ROC & Naturalization Timeline=-

January 25, 2021 - ROC application received

January 22, 2022 - Case transferred

January 16, 2022 - Naturalization application received

April 7, 2023 - ROC and Naturalization Interview

April 20, 2023 - Oath Ceremony scheduled

MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted
16 minutes ago, audacieux89 said:

What route are you going for? Are you going to adjust status while inside the US (you might need to stay in the US and not leave during this process and this takes at least 6 months). Note that you cannot work as well because you are on a b1/b2 visa which is only for tourism/medical purposes.

 

As the OP has returned to their home country what you are suggesting is immigration fraud and against site rules

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

audacieux89 Collaborator

audacieux89   256

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, MacUK said:

As the OP has returned to their home country what you are suggesting is immigration fraud and against site rules

My bad! I thought AOS was still possible after that.

 

So CR1 is the best route

-=ROC & Naturalization Timeline=-

January 25, 2021 - ROC application received

January 22, 2022 - Case transferred

January 16, 2022 - Naturalization application received

April 7, 2023 - ROC and Naturalization Interview

April 20, 2023 - Oath Ceremony scheduled

MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted
1 minute ago, audacieux89 said:

My bad! I thought AOS was still possible after that.

 

So CR1 is the best route

It is illegal to enter the US with the intention of adjusting status

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

CEE53147 Rising Star

CEE53147   559

Posted
Filed: Other Timeline
Posted
11 hours ago, Colbell said:

I'm going to adjust status while in the US.. Is there any important info that I need to know? 

 

What about fraud do you not understand.  You should not have been admitted to the US pre-planning to AOS from a B2 visa.  You need to go to your home country and do it the right way. Your US citizen spouse can accompany you while complying you your country's immigration laws.

Going through Mentor

Going through   5,671

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)
17 hours ago, Colbell said:

Hello, 

I'm married to a us citizen 2 months now. I'm a b1/b2 visa holder. Went home after getting married came back two weeks ago.  How do we go about applying for my green card?  And will the fact that I am a b1/b2 Visa holder be a problem?? 

 

 

 

Thank you. 

If you hadn't already returned to your home country after getting married, then you would have been able to stay and adjust status from within the US....so long as your intention when crossing the border wasn't to stay and adjust status.  (I did my AOS from a B1/B2)

 

Since you left the US after your marriage before applying for AOS, your route is to apply for a CR-1 spouse visa.  If you try to adjust status now from within the US (since you just came back) you are circumventing immigration law since your intention when crossing the border the second time was to adjust status.

 

When you crossed the border the 2nd time, I'm curious---what did you tell the POE as to the purpose of your visit?

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

WeGuyGal Proficient

WeGuyGal   1,052

Posted
Filed: Lift. Cond. (pnd) Timeline
Posted (edited)

So much for strong ties to home applicable to b2 entrants.. what country? 

 

Edit.. just noticed this is in the LPR forum.

Edited by WeGuyGal

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Boiler Grand Master

Boiler   46,122

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

ROFL

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

chuonglinh Contributor

chuonglinh   5

Posted
Filed: F-2A Visa Country: Vietnam (no flag)
 Timeline
Posted
On 11/15/2017 at 3:52 PM, Aqua101 said:

I'm going to adjust status while in the US.. Is there any important info that I need to know? 

i would recommend you to do some research yourself, or find a immigrant lawyer. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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