Can I AOS from B-2 visa

[SkyEagle 0]

Hi, 

I am a Canadian citizen. I married my wife in Spring 2020 and then I went back to Canada. After four months, we filed the I-130 petition while I was in Canada. Since then I have visited my wife several times.

Currently, I am in the US on B-2 visa. With the coronavirus cases increasing, we are thinking of applying for AOS as she lives with her parents and works as a teacher, this is putting her parents life in danger as they are elderly and have medical conditions. So we want to get our own apartment and I want to be with her during this time.

My question is will there be any problems for us if we apply for AOS given that we have already applied for I-130. I had no intention of applying for AOS when coming to the US, the officer at the border asked me how long I am staying for and I said 10 days as I have a return ticket booked. We wanted to visit each other while our CR-1 visa is processing, but the current situation is making everything difficult and dangerous.

Thanks!
 

[Timona 4,208]

No issue. You can AOS confidently 

[Lucky2Lucky 2,526]

Yes, you can adjust status... Just be aware that you would be unable to work or go back to Canada for approximately a year god forbid you have a family emergency . 

[geowrian 22,338]

Intent was determined at POE.

I'm assuming you mean B-2 status, not a B-2 visa. Normally, Canadian citizens do not actually apply for visas.

 

Side note: They may or may not be incoming "fraud" posts just because of the wording in the title and topic. There are cases where AOS from B status would be fraud. But you are already in the US so it's allowed.

 

Also note the drawbacks of doing AOS (primarily re: work + international travel, and possibly your ability to drive). Once you decide to do AOS, you need to be committed to following through or it's going to be a hassle later on.

[Callistora 6]

My Canadian husband adjusted from a B2 visa and overstayed 4 years before our interview and we were never even asked about adjusting from a tourist visa at the interview.  We front loaded our AOS package with evidence which I feel like helped in the interview.

 

And like said above she needs to plan to not work or travel for several months.  It is a commitment.  

[SkyEagle 0]

37 minutes ago, geowrian said:

Intent was determined at POE.

I'm assuming you mean B-2 status, not a B-2 visa. Normally, Canadian citizens do not actually apply for visas.

 

Side note: They may or may not be incoming "fraud" posts just because of the wording in the title and topic. There are cases where AOS from B status would be fraud. But you are already in the US so it's allowed.

 

Also note the drawbacks of doing AOS (primarily re: work + international travel, and possibly your ability to drive). Once you decide to do AOS, you need to be committed to following through or it's going to be a hassle later on.

Thanks, yes, I meant B-2 status, just got confused

[SkyEagle 0]

Is there any amount of time I have to wait before applying for AOS, such as 60-90 days? So far it's been 10 days since I am in the US.

[Timona 4,208]

Just now, SkyEagle said:

Is there any amount of time I have to wait before applying for AOS, such as 60-90 days? So far it's been 10 days since I am in the US.

 

This question has been asked over and over again on VJ...The answer has always been NO. You can file anytime you are able to

[geowrian 22,338]

No advantage to waiting.

[Duke & Marie 1,389]

13 hours ago, SkyEagle said:

Is there any amount of time I have to wait before applying for AOS, such as 60-90 days? So far it's been 10 days since I am in the US.

30/60/90 is a myth.. the sooner you file the sooner you get your work authority and green card... why place yourself further to the back of what’s already a very long line

Edited October 3, 2020 by Duke & Marie