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By Bianca1948 in What Visa Do I Need - Family Based Immigration

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Bianca1948 Newbie

Bianca1948   0

Posted
Filed: Other Country: Bosnia-Herzegovina
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Posted

Hello everyone, 
I have been reading a lot about whole us immigration process and my head is about to explode so I hope you can help me.

I am citizen of Bosnia-Herzegovina, I have B1/B2 visa and my boyfriend is natural born US citizen. I visited US twice in last 6 months, I stayed 2 weeks only both times. We want to get married and live there together and we are finding the simplest way to do it without having to be separated long time. We are together for year and a half, we have been traveling together and meeting but it is hard to be away from each other.

So he met 2 different attorneys and both said that it would be fine for me to enter US on my current visa and get married there and then apply for AOS. After reading things online and here on VJ I saw that it can be considered fraud and result in deportation. So I am confused why would attorneys advice that.

Our relationship is genuine, we can prove that and I am not marrying for the GC. And last thing I want is getting in problems with law.
Does anyone have experience marrying in the US on B1/B2 and applying for AOS? Is there a better option?

 

Thank you so much for help!

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Boiler Grand Master

Boiler   45,445

Posted
Filed: K-1 Visa Country: Wales
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Posted

Let us say you rolled up at US Immigration and said this, you would be on the next plane home and nothing the 2 Lawyers said would help.

 

CR1 is the Spousal Immigrant Visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ontarkie Grand Master

Ontarkie   14,215

Posted
Filed: Citizen (apr) Country: Canada
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Posted

~~Moved to What Visa Do I Need, from Tourist Visas - the OP is asking about immigration to the US.~~ 

 

 

Attorneys are not always up to date on immigration laws (I'm giving them the benefit of doubt here)  or really don't care if they give out bad/wrong/illegal advice.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Bianca1948 Newbie

Bianca1948   0

Posted
Filed: Other Country: Bosnia-Herzegovina
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Posted
6 minutes ago, Boiler said:

Let us say you rolled up at US Immigration and said this, you would be on the next plane home and nothing the 2 Lawyers said would help.

 

CR1 is the Spousal Immigrant Visa.

I know that, I understood that people who do this are not saying “hey I am coming to get married “ at the port of entry. But it just confuses me that on one side it is legal to marry in the US while on tourist visa and it is also legal to apply for AOS but they can deny you cause you you are coming a fraud. The line between legal /acceptable and unacceptable is confusing me. 
I will get more info on CR1 🙂

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Crazy Cat Grand Master

Crazy Cat   41,810

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
51 minutes ago, Bianca1948 said:

I know that, I understood that people who do this are not saying “hey I am coming to get married “ at the port of entry. But it just confuses me that on one side it is legal to marry in the US while on tourist visa and it is also legal to apply for AOS but they can deny you cause you you are coming a fraud. The line between legal /acceptable and unacceptable is confusing me. 
I will get more info on CR1 🙂

No person can enter the US as a visitor with the intent to stay and adjust status.  To do so is fraud.  You might be surprised to see how much inaccurate information we see from attorneys.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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.yana Community Regular

.yana   597

Posted
Filed: Citizen (apr) Country: Russia
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Posted
49 minutes ago, Bianca1948 said:

I know that, I understood that people who do this are not saying “hey I am coming to get married “ at the port of entry. But it just confuses me that on one side it is legal to marry in the US while on tourist visa and it is also legal to apply for AOS but they can deny you cause you you are coming a fraud. The line between legal /acceptable and unacceptable is confusing me. 
I will get more info on CR1 🙂

It's pretty straight-forward:

Scenario A: a non-US citizen dating a US citizen for an extended period of time, has an intent to get married and live in the US with their spouse, enters the US with a B visa knowing that they will be getting married and AOS'ing = fraud

Scenario B: a non-US citizen visits their long-time boyfriend/girlfriend with a return ticket on a B visa, said boyfriend/girlfriend proposes in the middle of the trip and they decide to get hitched in Vegas then AOS=legal.

Timeline:

Spoiler

AOS Journey:

Spoiler

 

08/19/2016 - day 0 - I-485, I-130, I-765 sent to USCIS office in Chicago (PD: 08/23/2016)

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

11/16/2016 - day 87 - EAD card received in mail.

06/27/2017 - day 309 - contacted the congressman office.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/08/2017 - day 382 - greencard received in mail

I-751 & N400 Journey:

Spoiler

06/20/2019 - day 1036 - ROC packet mailed (PD: 06/21/2019)

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online (PD: 06/04/2020)

02/01/2021 - day 1626 - Biometric Reuse notice uploaded to my online account

02/08/2021 - day 1634 - Interview Appointment notice uploaded to my online account

03/16/2021 - day 1670 - N400 Interview - passed; due to I-751 stuck in another office 'No decision can be made at this time'

06/01/2021 - day 1747 - with help of Sen. Sanders' office, I-751 file finally forwarded to St. Albans field office

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'; N400 status changed to 'Oath Ceremony Will Be Scheduled'

08/19/2021 - day 1826 (exactly 5 years since day 0) - Oath Ceremony (notice received on 7/19/21)

 

 

 

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SalishSea Grand Master

SalishSea   17,801

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
On 12/12/2022 at 4:39 PM, Bianca1948 said:

Hello everyone, 
I have been reading a lot about whole us immigration process and my head is about to explode so I hope you can help me.

I am citizen of Bosnia-Herzegovina, I have B1/B2 visa and my boyfriend is natural born US citizen. I visited US twice in last 6 months, I stayed 2 weeks only both times. We want to get married and live there together and we are finding the simplest way to do it without having to be separated long time. We are together for year and a half, we have been traveling together and meeting but it is hard to be away from each other.

So he met 2 different attorneys and both said that it would be fine for me to enter US on my current visa and get married there and then apply for AOS. After reading things online and here on VJ I saw that it can be considered fraud and result in deportation. So I am confused why would attorneys advice that.

Our relationship is genuine, we can prove that and I am not marrying for the GC. And last thing I want is getting in problems with law.
Does anyone have experience marrying in the US on B1/B2 and applying for AOS? Is there a better option?

 

Thank you so much for help!

It is all about intent at the time of entry to the US.   You already know what your intent is.

 

Don’t commit fraud.   Do things the right way.   Waiting is just part of the US immigration process, we all go through it.

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  • 3 months later...
TBoneTX Grand Master

TBoneTX   45,251

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

A hijack post has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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