BONIFIDE MARRIAGE- EVIDENCES - B1/B2

[Soon To Be Mrs. T 150]

4 minutes ago, aaron2020 said:

They can adjust status, it's not a problem.  Google Matter of Bautista and Matter of Cavazos.  

I will, thank you!

 

I do wonder what the success rate of it is.

Edited November 5, 2019 by Soon To Be Mrs. T

[Nitas_man 3,100]

6 minutes ago, Soon To Be Mrs. T said:

I will, thank you!

 

I do wonder what the success rate of it is.

The denial rate for family-based AOS petitions was 13% in 2018.  
It is NOT a sure thing.

https://www.cato.org/blog/immigration-application-denials-jump-37-percent-under-trump

Edited November 5, 2019 by Nitas_man

[aaron2020 11,651]

7 minutes ago, Nitas_man said:

The denial rate for family-based AOS petitions was 13% in 2018.  
It is NOT a sure thing.

https://www.cato.org/blog/immigration-application-denials-jump-37-percent-under-trump

This rate is for all family based AOS and not just spouses of USC adjusting status.

 

Furthermore, we don't know the reasons for rejection.  It could be people not filing correctly, not answering RFE, not meeting the I-864 requirements or whatever. 

Edited November 5, 2019 by aaron2020

[payxibka 10,045]

Statistics are great if all applications are created equal,  which we all know they are not

[Nitas_man 3,100]

We do not know.  Poster asked, those are the best stats that were available.

Rejection cases have popped up here many times since 2006, but I’d say however the vast majority have made it through.

 

It is, however, not a sure thing and lately there seems to have been an uptick in the difficulty level.

 

Edited November 5, 2019 by Nitas_man

[aaron2020 11,651]

Over the many years that you have been on VJ, how many spouses of USC have had their adjustment of status denied for immigrant intent?

 

I know of zero.  I've seen AOS denials for lots of other reasons, but not a single one for preconceived intent.  

[Nat&Amy 623]

13 minutes ago, aaron2020 said:

Over the many years that you have been on VJ, how many spouses of USC have had their adjustment of status denied for immigrant intent?

 

I know of zero.  I've seen AOS denials for lots of other reasons, but not a single one for preconceived intent.  

True. The loophole when it comes to AoS from B visas defies logic but as long as the law remains as it s we will see many more temporary visa holders get married and choose NOT to leave the country to do consular processing. 

 

Bad luck for relatives and whatnot seeking a visitor visa in the future, because Immigration certainly keeps track of all those "visitors" that never left.

 

I think that at this point, OP's biggest problem is lack of solid evidence of bonafide marriage (no comingling of finances, no shared bills or other important documents, etc). Intent at PoE might as well be a moot point, and I doubt it will cause a denial. Maybe a little more scrutiny but that's all.

[Nitas_man 3,100]

21 minutes ago, aaron2020 said:

Over the many years that you have been on VJ, how many spouses of USC have had their adjustment of status denied for immigrant intent?

 

I know of zero.  I've seen AOS denials for lots of other reasons, but not a single one for preconceived intent.  

I’ve seen a lot of AOS denials here the years and since we started about the same time so have you.  Most of those didn’t fall under “preconceived intent”, they got classified under “bonafide marriage”.  A tricky way to deny - interpret the marriage as “marriage for purpose of immigration” and put a big red X on the package.
 

But still denied.  It’s quote obvious here that these poor souls are probably legitimate married couples.

 

The posters leave when we advise them to get an attorney.  As noted earlier, not much help here from that point.
 

No immigration law firm or site is missing warnings on this and how careful one has to be following this process.  It would be irresponsible of us to advise otherwise or not point out the risks.

 

Other than that we all wish the best for OP and their journey.  I’m not a B1–>AOS hater LOL but I’m very, very conservative when it comes to immigration and prefer to advise couples to play the long game, and avoid being “noticed”.

[geowrian 22,337]

5 hours ago, Soon To Be Mrs. T said:

Can someone please enlighten me how getting married while on a B-1/B-2 Visa would work? Like, what kind of circumstances?

 

It just seems a little far-fetched to me that someone who got married while visiting did not have any intention of getting married at all.

 

I also thought that when someone gets married while on a B-1/B-2 Visa, they have to go back to their country and then apply for a Spouse Visa.

Somebody on a B visa - or almost any visa - can have a change of circumstances after entering the US. AOS is available in those cases. Sometimes it could be medical-related, family-related, etc. Some people suddenly decide to get married and stay. It does happen.

Is it abused? Nearly certainly. But the law provides for it in those cases. It does not provide for somebody entering with intent to AOS, though. The main thing is that intent alone as the IR of a USC is not a sole basis for denial, per the BIA decisions referenced previously.

Misrepresentation at POE can still apply, though, and that carries a permanent (but waivable) bar.

 

1 hour ago, Soon To Be Mrs. T said:

If the Adjustment of Status doesn't pan out, do they have another recourse? i.e. Can they apply for a Spouse Visa?

 

Or would the possible overstay and/or misrepresentation render them ineligible?

Yes, the I-130 remains opens and they can complete consular processing abroad. That said, the reason for denial would usually still apply for consular processing - i.e. misrepresentation or some other inadmissibility.

Overstay would only be an issue if they accrued 180+ days of unlawful presence. The time while the I-485 was pending does not accrue unlawful presence.

 

1 hour ago, aaron2020 said:

Over the many years that you have been on VJ, how many spouses of USC have had their adjustment of status denied for immigrant intent?

 

I know of zero.  I've seen AOS denials for lots of other reasons, but not a single one for preconceived intent.  

I've seen a very small handful of reports over the years but that's it. I believe they are more related to misrepresentation at POE, and tend to fall under VWP travelers who cannot refute the denial.

I've also seen a small handful of non-IR based and employment based reports.

But yes, generally not a concern for somebody already in the US.

 

Example:

 

[RedroseMT 37]

We got married on B1/B2 ( approved on the spot btw ) . Would I recommend this- of course not ! Not only because it means using the loophole  in immigration law but because it is very stressful for people who have to quit their jobs, organize their affairs, decide what to do with the pets back home etc etc ... all that long distance from here . We had  our reasons as well as many proofs that my intention was to return back to Norway. So I am not fan of B2-AOS either but life forces you sometimes. The reason of my post is : people and their situations are really different. Not everyone’s dream is to live here, become a citizen and possibly apply for their family members later ( again , life is strange sometimes). And I truly believe that not all K1-s or CR1 -s are done without solely intentions just to step on the US soil ( sorry if that sounds rude ). 
That being said I think that we can discuss people’s intents till eternity we will never find a real reason. Until this loophole in the law exists, people will do AOS , wether we like that or not . 
 

[geowrian 22,337]

No loophole exists - AOS from most statuses was intended to be a viable option for those who qualify (not including those who violate INA 212(a)(7)(a)(i)(i) in the process).

[aaron2020 11,651]

6 minutes ago, geowrian said:

No loophole exists - AOS from most statuses was intended to be a viable option for those who qualify (not including those who violate INA 212(a)(7)(a)(i)(i) in the process).

Really?

 

What do you call it when someone enters with the intent to immigrate on a non-immigrant visa/VWP and adjust status and that preconceived intent is not counted against them?  A green card holder.  Seems like a loophole.  A legal loophole.  

Edited November 5, 2019 by aaron2020

[geowrian 22,337]

3 minutes ago, aaron2020 said:

Really?

 

What do you call it when someone enters with the intent to immigrate on a non-immigrant visa/VWP and adjust status and that preconceived intent is not counted against them?  A green card holder.  Seems like a loophole.  A legal loophole.  

Yes.

 

What do you call it when somebody uses a falsified passport to enter? If not caught, still a green card holder (and even if caught, they just need a waiver as it qualifies as inspected still). Point is any fraud that is not caught happens but it is not a loophole to do so. It's just with preconceived intent, they are very limited in their ability to act upon it. People abuse it, surely. But the ability to AOS from a tourist visa is not a loophole.

[Nat&Amy 623]

16 minutes ago, geowrian said:

No loophole exists - AOS from most statuses was intended to be a viable option for those who qualify (not including those who violate INA 212(a)(7)(a)(i)(i) in the process).

When there is a category of Visa called spousal visa, for those who intend to immigrate to the US as a spouse of a US citizen, and yet a group of people with that same intention regularly avoid consular processing by travelling to the US on a visitor visa, getting married and doing AoS, something is clearly not right.

 

It might not be a loophole if we are using semantics here, but it clearly represents a problem with the whole system.

[geowrian 22,337]

9 minutes ago, Nat&Amy said:

It might not be a loophole if we are using semantics here, but it clearly represents a problem with the whole system.

^Agreed here

 

Edit: Abuse is certainly an issue.

Edited November 5, 2019 by geowrian