Should I adjust status from B2?

[Peppercorn 0]

Hi, I just created this account as my boyfriend and I are discussing options to marry and for me to immigrate to the US permanently. For starters, I’m already in the USA on a B2 visa from Canada, he’s a US citizen. This is my fourth trip to visit him, we met online and have been long distance for over a year. I arrived a couple weeks ago and the past few days we’ve been discussing getting engaged and getting married so we can start the process of spending our lives together. I have taken the past couple of semesters off of school since covid has complicated things, so it wouldn’t be a big deal for me to not return to Canada until I am allowed to travel. We’re scared of going through consular processing, as covid has shown us how unpredictable things could be in the future. We want to be together and not be apart anymore, and it seems that the wait times for a K1 or CR1 through the Montreal  consulate seems far too long due to the backlog covid created. Would we be good candidates for the AOS route? We have a consultation with a lawyer in a few days, but I’m curious to hear what others think, especially others who are in this situation or have been. Thanks a lot 

[Just Paul 4,594]

You can certainly AOS.  Just realize you can't leave / comeback without the possibility of being denied entry until you get Advanced Parole (I-131)

[Peppercorn 0]

9 hours ago, Paul & Mary said:

You can certainly AOS.  Just realize you can't leave / comeback without the possibility of being denied entry until you get Advanced Parole (I-131)

Thanks! Definitely wouldn’t be leaving to visit family until I get Advanced Parole, I understand that may be a lengthy wait time. 

[bing10 114]

This question might be more relevant in the Adjustment of Status forum?

[Adventine 3,189]

***Moved to the forum Adjustment of Status from Work, Student and Tourist Visas, where similar topics are discussed***

[cappuccino 8]

On same boat... I am visiting my bf for the 2nd time. Initially was thinking of doing K1 for next year and been LDR for 2 years. Last July due to covid situation in my country (affected the us embassy and causing major back log) we decided to do AOS way. We got married few weeks ago and now in process compiling the documents and forms. 

[chancecody 123]

18 hours ago, Peppercorn said:

Hi, I just created this account as my boyfriend and I are discussing options to marry and for me to immigrate to the US permanently. For starters, I’m already in the USA on a B2 visa from Canada, he’s a US citizen. This is my fourth trip to visit him, we met online and have been long distance for over a year. I arrived a couple weeks ago and the past few days we’ve been discussing getting engaged and getting married so we can start the process of spending our lives together. I have taken the past couple of semesters off of school since covid has complicated things, so it wouldn’t be a big deal for me to not return to Canada until I am allowed to travel. We’re scared of going through consular processing, as covid has shown us how unpredictable things could be in the future. We want to be together and not be apart anymore, and it seems that the wait times for a K1 or CR1 through the Montreal  consulate seems far too long due to the backlog covid created. Would we be good candidates for the AOS route? We have a consultation with a lawyer in a few days, but I’m curious to hear what others think, especially others who are in this situation or have been. Thanks a lot 

Yes, you are a good candidate. You need to show that you did not have preconceived intent when you entered as B2. For example, I entered the US on B2 married to a USC in April 2021 with no intention of adjusting status as we had a great life in Canada. USC fell in love with Reno and decided to stay after living in Canada for almost a decade. I am able to show flight return tickets and itinerary that I did not represent my intentions when I entered on B2.

 

You need to make sure that it is the same case for you because it is immigration fraud to enter on B2 with the preconceived intent of actually adjusting status. Other than that, yes, you can go through AOS. Consulting with a lawyer is a good first important step to ensure you do not jeopardize your case.

[HRQX 4,145]

3 hours ago, chancecody said:

You need to show that you did not have preconceived intent when you entered as B2.

For Immediate Relatives of US citizens (as defined in the INA) intent is determined at entry, not at the AOS interview. See Matter of Battista and Matter of Cavazos.

[SalishSea 17,464]

23 hours ago, Peppercorn said:

Hi, I just created this account as my boyfriend and I are discussing options to marry and for me to immigrate to the US permanently. For starters, I’m already in the USA on a B2 visa from Canada, he’s a US citizen. This is my fourth trip to visit him, we met online and have been long distance for over a year. I arrived a couple weeks ago and the past few days we’ve been discussing getting engaged and getting married so we can start the process of spending our lives together. I have taken the past couple of semesters off of school since covid has complicated things, so it wouldn’t be a big deal for me to not return to Canada until I am allowed to travel. We’re scared of going through consular processing, as covid has shown us how unpredictable things could be in the future. We want to be together and not be apart anymore, and it seems that the wait times for a K1 or CR1 through the Montreal  consulate seems far too long due to the backlog covid created. Would we be good candidates for the AOS route? We have a consultation with a lawyer in a few days, but I’m curious to hear what others think, especially others who are in this situation or have been. Thanks a lot 

Just be aware that in addition to being unable to travel, you likely won't be able to work for 8-10 months.  This includes working remotely.

[chancecody 123]

On 9/17/2021 at 6:43 PM, HRQX said:

For Immediate Relatives of US citizens (as defined in the INA) intent is determined at entry, not at the AOS interview. See Matter of Battista and Matter of Cavazos.

Thanks HRQX for always being helpful. We appreciate it ❤️. Does this mean that there is no question about this in the AOS interview? The lawyers we consulted told us to make sure that we had proof that I did not intend to adjust when I entered on B2 which I have so I am not really concerned about that either way. The OP is from Canada like me and we generally are not given too much hassle by the CBP officer when we cross. In my case, he just asked where I was going and just stamped my passport with B2 for 6 months so there was no question to establish preconceived intent at the POE.

[Peppercorn 0]

2 hours ago, chancecody said:

Thanks HRQX for always being helpful. We appreciate it ❤️. Does this mean that there is no question about this in the AOS interview? The lawyers we consulted told us to make sure that we had proof that I did not intend to adjust when I entered on B2 which I have so I am not really concerned about that either way. The OP is from Canada like me and we generally are not given too much hassle by the CBP officer when we cross. In my case, he just asked where I was going and just stamped my passport with B2 for 6 months so there was no question to establish preconceived intent at the POE.

I’m in a similar situation, the CBP officer just asked where I was going and what I was doing and stamped the passport. From everything I’ve read they don’t ask about it at the interview but it’s obviously good to be prepared for if they do. I wasn’t enrolled in school and have been living with my sister in Canada, so I don't have a lease or job or something to come back to.  However I left all of my belongings in Canada and also have a return ticket. I’m sure it’s sufficient but I still worry.