AOS while IR1 is in process

[Hamy 1]

2 minutes ago, Rocio0010 said:

This is what I said. If the officer suspected you’d come to overstay, that would have happened when you entered the country.

Oh ok. Thanks 

[Hamy 1]

Do you guys think staying in US for 5 months would be problem for me if I want to enter in US with same B2 visa?  (5 months is long time) 

[Rocio0010 5,579]

35 minutes ago, Hamy said:

Do you guys think staying in US for 5 months would be problem for me if I want to enter in US with same B2 visa?  (5 months is long time) 

How are you going to do it if this visa expires in April?

[Hamy 1]

2 hours ago, Rocio0010 said:

How are you going to do it if this visa expires in April?

I have 5 years multi entry visa and I'm leaving in March 

[Rocio0010 5,579]

8 minutes ago, Hamy said:

I have 5 years multi entry visa and I'm leaving in March 

Same question, either you're not being clear or there is something I'm missing. On your post, you said that this visa expires in April. Then you say that you have a multi- entry visa, so why did you even mention the first date at all?

 

Regardless, if it is a multi- entry visa, you should not have any issues as long as you're honest if you're questioned at the POE

[davidvs 325]

13 minutes ago, Rocio0010 said:

Same question, either you're not being clear or there is something I'm missing. On your post, you said that this visa expires in April. Then you say that you have a multi- entry visa, so why did you even mention the first date at all?

 

Regardless, if it is a multi- entry visa, you should not have any issues as long as you're honest if you're questioned at the POE

I think he means that his current stay is valid through April (if he entered in November and was permitted a 6 month stay, he would need to leave in April) but his visa is good for 5 years. 

[Rocio0010 5,579]

2 minutes ago, davidvs said:

I think he means that his current stay is valid through April

Ok gotcha. Thanks! I'm not that familiar with multi- entry visas, but as I said, as long as he's honest at POE, then he should be good. Of course, one is always at the officer's discretion.

[Hamy 1]

How long USCIS will take for aceepting and sending notice for I-485.

[Rocio0010 5,579]

1 minute ago, Hamy said:

How long USCIS will take for aceepting and sending notice for I-485.

About 6-8 weeks.

[Hamy 1]

2 minutes ago, Rocio0010 said:

About 6-8 weeks.

Dude you reply so fast appreciate it. 💖

[Rocio0010 5,579]

1 minute ago, Hamy said:

Dude you reply so fast appreciate it. 💖

Hahaha I’m a girl! Thank you

[Hamy 1]

7 minutes ago, Rocio0010 said:

Hahaha I’m a girl! Thank you

I don't care about your gender you're still dude for me. Lol

[Hamy 1]

Actually I'm looking for a specific answer should I go back since I'm on B2 visa and already married to US citizen or I should apply for AOS. Bcz I still have to wait for 8 months for my interview in embassy and it's likely very possible that embassy will put me into AP bcz our marriage is interracial and it's common for Islamabad to put males in administration process. But on the other hand I heard rumors that if you apply for AOS on tourist visa is fraud it they can reject it. 

[powerpuff 6,465]

47 minutes ago, Hamy said:

But on the other hand I heard rumors that if you apply for AOS on tourist visa is fraud it they can reject it. 

Not true. It’s fraud to come to the US with the intention to stay and adjust status. And that’s determined by CBP at POE, not after when you file. You didn’t have that intention, you wanted to visit. So you’re golden.

 

What would be your local field office if you decide to AOS? Maybe someone can give an estimate of how long it took to get their GC. 

Edited January 16, 2022 by powerpuff

[Rocio0010 5,579]

54 minutes ago, Hamy said:

Actually I'm looking for a specific answer should I go back since I'm on B2 visa and already married to US citizen or I should apply for AOS

No one can give you a specific answer. You said you didn’t want to sit around and wait for the EAD, so the answer is on you. You can certainly stay and adjust status, just know that inability to work is a con.

 

55 minutes ago, Hamy said:

But on the other hand I heard rumors that if you apply for AOS on tourist visa is fraud it they can reject it

Not true. Intent is determined by CBP at the POE.