Adjusting status from B2 visa

[fluffy_bunny 0]

Hi everyone,

 

I am currently on my B1/B2 visa visiting my boyfriend who is a US citizen living in the States. I am on 1 month vacation that I took from my work in my country to visit him, and this is the second time I am visiting him here. I am now 3 weeks into my vacation, and this time my boyfriend and I feel like we don't want to be separated any longer and we are ready to make it official, so we decided that we want to get married and therefore adjust my status while I am here. I'd be thankful if you can advise us on how/when to do the following:

 

1. Since I am here on a vacation for a month, I will need to let my work know that I am going to quit my job and not go back to work after my vacation is over. So would it be best if I leave my work before we get married, or we should get married first and only then I should leave my work?

2. Can we get married right after my vacation is over and when I have already left my job, or should we wait for at least 90 days (since the day I entered the States) before we would get married (since we've heard about the "90 days" rule)?

3. Is it required to wait 90 days before getting married or before applying for adjustment of status?

 

I appreciate your help in advance.

Edited March 25 by fluffy_bunny

[Crazy Cat 41,923]

Welcome to the forum.

1.  Personal choice...irrelevant to immigration.

2.  There is no 90 rule.  You can marry and start the process for concurrent I-130, I-485, I-131, I-765 filing right away after obtaining a marriage certificate.

3.  No. No.

Married or not, once your I-94 expires, you will be out of status and deportable until you file a proper I-485. Then, you will be granted authorized stay in the US unril the I-485 is either approved or denied.  Be aware that you cannot work (in any form) or leave the US for 3-6 months after filing the I-485.  Good luck.

Edited March 25 by Crazy Cat

[Crazy Cat 41,923]

 

Follow this guide.  Become an "A" student of the process and the forms.

 

Edited March 25 by Crazy Cat

[Redro 4,611]

@fluffy_bunny also be aware that deciding to adjust status from a tourist visa could impact your family members back in your home country and they might not be allowed to obtain tourist visas as a result of this decision to adjust status. Something to consider if you want your parents or siblings to be able to travel to the US to support you for any reason. 
I’ve seen this situation occur more frequently over the last year.

If they already have tourist visas and have traveled to the U.S. frequently it shouldn’t be an issue. 
Aside from that- get married, file for adjustment and as you will more than likely file after April 1st you will have to pay additional fees for work and travel. Good luck! I wish you a speedy approval. 

[JeanneAdil 6,519]

 

FYI

marry before end of this month

and file all the forms before April 1st

after April the costs for adjusting doubles from $1225 to over $2000

[fluffy_bunny 0]

@Crazy CatThank you so much for the answers and the link to the guide. I had read it  when I first checked this website, but I am going to read through it more carefully again. And regarding filing my I-485, so once I fill it out concurrently with other forms and after we send all forms together, when/how or what document will show that I am  granted an authorized stay in the US while my case is processing?

[OldUser 6,771]

3 minutes ago, fluffy_bunny said:

@Crazy CatThank you so much for the answers and the link to the guide. I had read it  when I first checked this website, but I am going to read through it more carefully again. And regarding filing my I-485, so once I fill it out concurrently with other forms and after we send all forms together, when/how or what document will show that I am  granted an authorized stay in the US while my case is processing?

4-6 weeks after filing you'll receive I-485 receipt. That's the proof.

[Dashinka 24,542]

7 minutes ago, fluffy_bunny said:

@Crazy CatThank you so much for the answers and the link to the guide. I had read it  when I first checked this website, but I am going to read through it more carefully again. And regarding filing my I-485, so once I fill it out concurrently with other forms and after we send all forms together, when/how or what document will show that I am  granted an authorized stay in the US while my case is processing?

It is commonly referred to as the I485 Receipt Notice of Action (NOA) which gives you authorized stay while the process continues.

 

Good Luck!

[OldUser 6,771]

1 minute ago, Dashinka said:

It is commonly referred to as the I485 Receipt Notice of Action (NOA) which gives you authorized stay while the process continues.

 

Good Luck!

It will say I-797 and mention I-485 😊

[wildbug100420 115]

Are you comfortable not being able to work, drive? Is your boyfriend able to support you on his salary alone? Food for thought...

[wildbug100420 115]

Another thing to consider is are you from a visa waiver country? If you are you can make additional trips. Are you comfortable forgoing your earnings?

[fluffy_bunny 0]

Hi everyone,

 

Has anyone here done adjustment of status based on marriage on B2/B1 visa?

[OldUser 6,771]

7 hours ago, fluffy_bunny said:

Hi everyone,

 

Has anyone here done adjustment of status based on marriage on B2/B1 visa?

People do it everyday and many reports on Visa Journey. It's the same process as filing AOS after getting married on K-1 visa. The only difference is I-130 and I-130A are required in packet. Plus I-693

Edited March 27 by OldUser

[Redro 4,611]

7 hours ago, fluffy_bunny said:

Hi everyone,

 

Has anyone here done adjustment of status based on marriage on B2/B1 visa?

Your post is in the "adjusting from tourist, work and student visas" You can read about people going through similar circumstances.

I've posted a very popular thread and some more recent threads below. 

 

Here is one about a long wait for EAD... (you can read about the different waiting times and experiences in this thread). 

 

This person overstayed their tourist visa and is now adjusting:

Here is a happy AOS from tourist visa story:

Process is not standard. You might get your green card in 2-3 months or you might have to wait 12+ months. You can read about the different experiences so you know what to expect (worst and best case scenarios). 

 

Edited March 27 by Redro