AOS on current B2 visa

[omer 0]

how long ago did you enter the usa? If you're already married to your wife who is a US citizen, I advise you to wait at least 90 days from the date of entry before filing unless you already have an approved I-130.

it is almost 60 days that i have entere to usa and my wife came to usa last week.

Can I ask how you managed to get a B-2 in Pakistan with having a USC wife living in the States?

I already had my B2 visitor visa before wedding

Actually, this is a very interesting case. If the only adverse factor is that he preplanned to stay and adjust, then he may be eligible for adjustment.

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA, 1980). In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

But then the following questions remain:

When was the B2 obtained? Was it before or after the wedding?

What was the stated purpose of the visit when asked at the POE?

The preconceived intent alone would not be adequate grounds for denial, but could be if coupled with misrepresentation in obtaining the B2 visa or giving false information on entry.

This is a very risky path.

b2 obtained earlier before wedding and purpose of getting B2 was taking usmle examination here in usa

I got my b2 visa before wedding and after that i married USC in pak and then i entered on my own b2 .Purpose of b2 was taking liscencing exam in medicine. it was my second b2 visitor visa issued. now my wife came to usa last week.

total duration that i am on my b2 from entrance date is almost 60 days and it is valisd for nest 120 days.

so now what you guys think about AOS? i think i should go for that AOS as soosn as possible before expiring my valid b2.

Need more suggestions

[john_and_marlene 162]

Your case is far outside the normal situation. You will not find your answer here. Consult a good immigration attorney right away. You are right that you should take some action before the B2 expires. Consult the attorney as to what that action should be.

[meauxna 15]

Need more suggestions

There *is* no more suggestion for you here: go see a lawyer. You neglected to mention in your earlier posts that you married abroad and entered the US while being married already to a USC. Who knows what other little gem you've left out.

Don't bamboozle the poor people here anymore; everyone has tried to help you and you just withold info.

Go find a lawyer and tell him/her the truth, the whole truth, and get used to telling it. Lying, omitting, whatever you want to call it to justify your position, is not going to serve you here. People here can answer questions for straightforward cases and yours isn't one.

[Kez/JWolf 6]

I agree with meauxna... if you choose to only tell what you think will get you the answer you want to here.. then the only person you are hurting is yourself and your wife.....

Go see a lawyer and be honest with them... or you may find yourself having to go live in Pakistan.....

Kezzie

[JanaknJanet 0]

Indeed a attorney will be best for your situation..

From what i see here you came once before marriage. was given a B2 visa. arrived .. then returned to Pak where you then married a USC. .. you have no problem returning to USA on the B2 but where in danger is the fact that you entered here after marriage to usc. That is not the purpose of the B2 which is for temp business visit. Not for intent to immigrate.

The Immigration people may indeed call you on the fact that you had pre-intentions of immigration with the use of B-2 .. that is fraud. Im sure it is not intentional but due to the situation it sure looks to be pre-intended to me.

If you arrived in USA on a B2. intention of your medical exams.. met your gf. decided here that you would marry .. then it is not intentional.. for you have not left the country following the marriage. Where you are in error is the fact that you left country .. then married then. returned and now wish to remain and adjust.

This is the eyes of gvmt .. can cause you to be banned... only the attorney can decyfer it for you ..

It seems to me that the only way you can imigrate. would be for you to file for the k3 spousal visa. but for that you have to return to your country.

Enllighten us if you find out differently but.. as i said. error was when you left and married out of country then re entered on B2 with intent to immigrate. wrong sorry..

[chocolaterie 0]

It has happened where people adjusted from a tourist/non-immigrant visa to permanent residency with marriage to a USC before entering. However, i do not know the success rate of such cases. But be aware if you do try to do AOS and if it is denied, you can not appeal it. Please see an immigration lawyer.

[jula 0]

However, i do not know the success rate of such cases. But be aware if you do try to do AOS and if it is denied, you can not appeal it.

Why wouldn't he be able to appeal AOS denial? He hasn't entered on VWP.

[Jasman0717 9]

[ChristinaM 0]

Chocolaterie, the issue here is intent. It sounds for all intents and purposes that Omer used his B2 to circumvent the K3/CR1 procedure, which is the fraud part. Adjusting from a B2 or VWP (as I did) is pretty common in cases where one entered with full intent to leave again, and then either married or if circumstances with their spouse changed. The B2 can't be used soley as an entrance visa to AOS - and one has to be able to prove, if asked, that they intended to return to their home country. This is difficult to do if you've sold everything you own and turned up at the POE with the remains of your life in two suitcases!

Intent is a grey, grey area, which is why Omer needs to see a good lawyer experienced in this kind of thing.

However, i do not know the success rate of such cases. But be aware if you do try to do AOS and if it is denied, you can not appeal it.

Why wouldn't he be able to appeal AOS denial? He hasn't entered on VWP.

I agree - as a B2 adjuster, I believe one does have the right to appeal, Jula.

Edited March 25, 2006 by clmarsh

[Autumnal 25]

Omer, you need to find yourself an immigration lawyer and a competent one at that. Go to AILA's website and find one for your region.

You are on very tricky ground here because you had a B-2 and got married in Pakistan, then came back in. You're adjusting from that, when you were already married (upon entering the US) and your wife is a USC. On the surface, it reads as very suspicious. There are probably other circumstances you have not told us about -- that's your business, but we cannot make an assessment or give you help based on that. Only a good lawyer with all the facts can.

My personal opinion: Go to Pakistan and file the CR1 or the K3. It is the proper/legitimate route and is least likely to cause any problems.

I do not think you should file for AOS based on what you have told us because it appears you entered the US intending to adjust and stay; in addition to taking your medical exams. USCIS will probably frown on this. Save your money and time.