from B-2 to adjust status

[janinemd 1]

hi guys! 

 

so my bf for 2 years is a us citizen and is working here in the US. I met him in my home country when he was based there work work, and just recently moved back to the US. we were doing long distance for about 8 months when last november, I came here for what was supposed to be a quick holiday. booked my ticket last june (i was already a tourist visa holder and my visa is valid for 10 years) and from the US we spent thanksgiving together in iceland, (where he proposed:)) and went back. i honestly didnt think this was going to happen for another 2 years or so. i was scheduled to leave 2 days after arriving back from iceland but he asked me to wait til after the holidays so i can meet his parents and family for the first time. i was supposed to come home on mid january but we ended up getting married last feb. he didnt want me to go home anymore and instead, stay with him. 

 

My question is, is the adjustment of status process and forms going to be the same as k-1 and k-3 visa holders? 

[Liam2021 583]

From B2 to AOS is not a proper way, and most members will say it's fraud. You go back home, your USC spouse file I-130 and get an interview oversea.

[Lil bear 4,217]

22 minutes ago, janinemd said:

hi guys! 

 

so my bf for 2 years is a us citizen and is working here in the US. I met him in my home country when he was based there work work, and just recently moved back to the US. we were doing long distance for about 8 months when last november, I came here for what was supposed to be a quick holiday. booked my ticket last june (i was already a tourist visa holder and my visa is valid for 10 years) and from the US we spent thanksgiving together in iceland, (where he proposed:)) and went back. i honestly didnt think this was going to happen for another 2 years or so. i was scheduled to leave 2 days after arriving back from iceland but he asked me to wait til after the holidays so i can meet his parents and family for the first time. i was supposed to come home on mid january but we ended up getting married last feb. he didnt want me to go home anymore and instead, stay with him. 

 

My question is, is the adjustment of status process and forms going to be the same as k-1 and k-3 visa holders? 

As you entered legally into the US... your intent was assessed at POE... and circumstances then changed ... you are fine to AOS. The process is the same as for K1.... but remember that you cannot work until you get your employment authorisation and if you leave the US for any reason before getting your Advanced Parole, you will be deemed as abandoning your AOS application and will have to start all over with a CR1 

EAD and AP take 5-7 months. CE1 takes 12-15 months 

[janinemd 1]

yeah, i actually quit my job already because of this. but we are 30-something and don't want to wait longer to have kids. thanks so much for letting me know about this! do you think it's ok for me to include my original travel itinerary to leave the US, before we got married? or is it something i can hold on to in case they ask me during my interview?

im so drained and confused by all this but hey, im with the love of my life and that's all that matters. 

[accumbyte 149]

26 minutes ago, H&T said:

From B2 to AOS is not a proper way, and most members will say it's fraud. You go back home, your USC spouse file I-130 and get an interview oversea.

Not fraud if they didn't have preconceived intent to AOS: https://citizenpath.com/faq/preconceived-intent-adjust-status/

[AtlToBlr 64]

19 hours ago, H&T said:

From B2 to AOS is not a proper way, and most members will say it's fraud. You go back home, your USC spouse file I-130 and get an interview oversea.

Yeah, don't listen to this advice at all, OP lol. 

19 hours ago, H&T said:

From B2 to AOS is not a proper way, and most members will say it's fraud. You go back home, your USC spouse file I-130 and get an interview oversea.

Adjusting within USA is completely legal and yelling it is otherwise doesnt make it so. 

[janinemd 1]

10 minutes ago, AtlToBlr said:

Yeah, don't listen to this advice at all, OP lol. 

Adjusting within USA is completely legal and yelling it is otherwise doesnt make it so. 

thank you so so much! really appreciate it

 

[p-ana 933]

The process should be similar to a k1 adjusting but you also need to file i130 and i130a 

[janinemd 1]

Just now, p-ana said:

The process should be similar to a k1 adjusting but you also need to file i130 and i130a 

thank you! the only thing i am curious about is the medical exam. do i have to take it before filing, and include the results in my package or wait for them to tell me when to do it?

[carmel34 3,633]

58 minutes ago, janinemd said:

thank you! the only thing i am curious about is the medical exam. do i have to take it before filing, and include the results in my package or wait for them to tell me when to do it?

You have a lot of research to do.  Follow the guides here on VJ, look under Adjustment of Status for spouses of US citizens, and read and re-read everything a few times.  It's a long journey and complicated, lots of fees, waiting, documents, etc. but you can do it yourself if you know all about it.  First step is filing a lot of documents, the medical comes much later in the process.  Good luck!

[HSsweethearts4E 117]

6 hours ago, janinemd said:

thank you! the only thing i am curious about is the medical exam. do i have to take it before filing, and include the results in my package or wait for them to tell me when to do it?

wait for them to tell you to do it! They will probably ask you to do it and bring the medical exam form to the interview. Welcome to the journey

[LisaLisa 65]

19 hours ago, janinemd said:

thank you! the only thing i am curious about is the medical exam. do i have to take it before filing, and include the results in my package or wait for them to tell me when to do it?

What you are doing is not illegal. It is unethical and they know you came here with your B2 to get married. They a lot of controversy about it here because K1 people go through hell to come here and you kind of skipped the line so you can imagine. However, you need to prepare things have changed during this administration and they might make you go through a lot of questions to prove all this was legitimate.

[LisaLisa 65]

13 hours ago, HSsweethearts4E said:

wait for them to tell you to do it! They will probably ask you to do it and bring the medical exam form to the interview. Welcome to the journey

I was looking at your timeline and it is interesting. Did you have a boyfriend that lived in the US before you moved here? In that case if you haven't disclosed that during the interview that might considered fraud. You know F-1 is a nonmmigrant visa which mean that you have to prove that you had intention to go back at the time of application. Read the ombudsman report they deny a lot of visas on the fact that they are examining the legitimacy of their visas at the initial entry. I doubt they would have granted you an F-1 if they knew your long time boyfriend lived in the US. 

[HSsweethearts4E 117]

14 minutes ago, LisaLisa said:

I was looking at your timeline and it is interesting. Did you have a boyfriend that lived in the US before you moved here? In that case if you haven't disclosed that during the interview that might considered fraud. You know F-1 is a nonmmigrant visa which mean that you have to prove that you had intention to go back at the time of application. Read the ombudsman report they deny a lot of visas on the fact that they are examining the legitimacy of their visas at the initial entry. I doubt they would have granted you an F-1 if they knew your long time boyfriend lived in the US. 

Hi! No, we both are originally from my home country. He moved here cause he had a GC and I've been on an F1 because I am going to college  I've actually been using my visa for what it is meant. I've been going home and coming back during breaks like any student. We just recently decided to get married and then AOS  I've had my F1 since 2014, I was underage back then, not exactly planning on immigrating, just focused on getting a degree.... in any case of course we will disclose all of this during our interview.

Edited April 2, 2019 by HSsweethearts4E

[accumbyte 149]

56 minutes ago, LisaLisa said:

It is unethical and they know you came here with your B2 to get married.

It's neither unethical nor illegal to have preconceived intent at POE to marry with a B-1/B-2 (or VWP); some people even legally start the CR-1 process this way by leaving the US after marriage:

It always is illegal to have preconceived intent at POE to either AOS or overstay with a B-1/B-2 (or VWP).

Edited April 2, 2019 by accumbyte