Already married for >2 years spouse in US on B2

[heckled 0]

Hello,

I am sure that many of you are well familiar with the situation that is similar to mine.

We are married for more than two years now. Wife was granted multi entry B2 visa valid for 10 years. It was granted after we got married and it was clearly stated to the consular officer that spouse is in US. No lie here.

My wife visisted me in US couple of times already. We didn't ask for any extensions or adjustmens just a visit for a certain period of time.

Is it legal I file I-130 and I485 concurently while my wife in US as a visitor next time considering I am USC? I read I-130 and I-485 instructions millions of times already and it doesn't say anywhere that I can't. There are only vague sentences like "under certain circumstances" or "if you are legaly in US" without clarifying it. If I read section "Who cannot file I485" it doesn't say that I can't either.

I will surely check it with immigration lawyer but I was hoping that perhaps some of you are already in similar or same situation and perhaps going through AOS already.

Personally, I am leaning towards "better safe than sorry" solution but still want to explore. In fact, I personally know somebody who did exactly same thing or even better - they actually got married in US while spouse was on B2 then filed I130 and I485 concurently and it got approved in 3 or 4 months.

Thanks for any comments you may supply.

/M.

[athena_ny 1]

Hello,

I am sure that many of you are well familiar with the situation that is similar to mine.

We are married for more than two years now. Wife was granted multi entry B2 visa valid for 10 years. It was granted after we got married and it was clearly stated to the consular officer that spouse is in US. No lie here.

My wife visisted me in US couple of times already. We didn't ask for any extensions or adjustmens just a visit for a certain period of time.

Is it legal I file I-130 and I485 concurently while my wife in US as a visitor next time considering I am USC? I read I-130 and I-485 instructions millions of times already and it doesn't say anywhere that I can't. There are only vague sentences like "under certain circumstances" or "if you are legaly in US" without clarifying it. If I read section "Who cannot file I485" it doesn't say that I can't either.

I will surely check it with immigration lawyer but I was hoping that perhaps some of you are already in similar or same situation and perhaps going through AOS already.

Personally, I am leaning towards "better safe than sorry" solution but still want to explore. In fact, I personally know somebody who did exactly same thing or even better - they actually got married in US while spouse was on B2 then filed I130 and I485 concurently and it got approved in 3 or 4 months.

Thanks for any comments you may supply.

/M.

Not if there is intent on entry, which, since you're asking about it, there is. Proper visa would be K3 or IR-1.

[Kez/JWolf 6]

If you had come here and said my wife is here visiting me and now has changed her mind about going home and wishes to remain and file for AOS, is that possible? then the answer would have been yes as she would not have had any plans to remain when she last entered the USA......

BUT

As you have said can she plan to stay and file for AOS on her next visit..... the answer is NO, she would have intent to remain at entry and that would be visa fraud (using a tourist visa to get around the immigration laws). You will need to go the K3/CR1 route...

Kez

[Earmuffs 1]

all depends on if you are willing to take the chance and lie and say she wasnt planning on staynig but changed her mind.

[heckled 0]

Thank you all for your replies.

As I expected it is vague and grey area in general. How can anyone on earth verify was it an "intent" to immigrate or "I changed my mind" situation. Ok, then I changed my mind and decided to stay . Does it makes this case legal?

There should be a reason that CIS does not specifically and precisely list all cases who can and who cannot file AOS while in US. Probably to have less work for them. I wouldn't mind to file hundreds of froms if they would just move faster. Now, it is very frustrating to be a law abiding taxes paying citizen to go through all this bull$#it just get your spouse here. and all that in 21st century in the country which claims to be most democratic and free. Whereas CIS doubles their fees and nothing is getting faster but just slower.

Let's see what lawyer will suggest. Last time i checked with the lawyer he explained that the most they can do in this situation is to have a spouse to sign a paper that he/she lied to the boarder officer. Big deal. Will sign anything just let me in.

[Kathryn41 3,205]

Thank you all for your replies.

Let's see what lawyer will suggest. Last time i checked with the lawyer he explained that the most they can do in this situation is to have a spouse to sign a paper that he/she lied to the boarder officer. Big deal. Will sign anything just let me in.

You DON'T ever want the situation where your spouse signs a document stating she has lied to the border official! That is an admission of guilt of misrepresentation - one of the biggies in immigration no- nos - and immediately subjects the individual to a significant ban from entering the US. You two would have to spend an incredible amount of money, time, paperwork and aggravation to obtain the necessary waiver in order to overcome that ban - and overcoming a charge of misrepresentation is one of the most difficult things to do. You DON'T EVER want to lie to the border authorities - you're almost dead in the water if you do.

Edited December 10, 2007 by Kathryn41

[Singers 0]

Misrepresentation carries a LIFETIME BAN from the country..

[Kez/JWolf 6]

They can and do ask you to prove that you had no intent on entry.... ie letter from employer stating the date you were expected to return to work from your vacation.... lease or mortgage from the spouses home in his/her country, bank accounts still active, and anything else that will show that they intended to return....

It is a very bad idea to think about signing any documents just so you can be together.... as said before any admission of misrepresentation is going to cause you major trouble....

Dont do it...

Kez

[athena_ny 1]

Thank you all for your replies.

As I expected it is vague and grey area in general. How can anyone on earth verify was it an "intent" to immigrate or "I changed my mind" situation. Ok, then I changed my mind and decided to stay . Does it makes this case legal?

There should be a reason that CIS does not specifically and precisely list all cases who can and who cannot file AOS while in US. Probably to have less work for them. I wouldn't mind to file hundreds of froms if they would just move faster. Now, it is very frustrating to be a law abiding taxes paying citizen to go through all this bull$#it just get your spouse here. and all that in 21st century in the country which claims to be most democratic and free. Whereas CIS doubles their fees and nothing is getting faster but just slower.

Let's see what lawyer will suggest. Last time i checked with the lawyer he explained that the most they can do in this situation is to have a spouse to sign a paper that he/she lied to the boarder officer. Big deal. Will sign anything just let me in.

Go ahead, and sign the paper. Automatic ban!

The onus is on YOU to prove there was no intent - adjusting after entering on a B2 two years after marriage would be hard enough WITHOUT intent, I highly doubt it would be successful with intent. If your lawyer tells you this is kosher, you need to find a new lawyer, because he's advising you to commit fraud.