Marriage on a B2 Visa

[Yineria 0]

Hi,

I am from Taiwan and my husband is American. I entered the States last January to visit his family with a B2 Visa which was issued in 2005 and should be good through 2010. We got married in March in the States. We were stupid and knew nothing about K-1... I'm now pregnant and my I-94 expired last July. My husband is trying to adjust my status by applying green card for me.

When we're filling out the form I-485, we don't know what to put down as our application type since I'm not "I entered as a K-1 fiancé(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiancé(e)." Is it okay if we select "Other basis of eligibility" and put down "ENTERED AS VISITOR, GOT MARRIED AFTER 73 DAYS IN THE STATES" behind it? Will they arrest me and send me home...? Or is there any better way to complete this part of the form?

And about I-765, there's a section we need to choose letters and numbers from the "Eligibility Category" to specify my case. But we're facing the same problem here too. I didn't have K-1 Visa so nothing from that Eligibility Category seems to fit my case. We're very worried. Can I still get green card legally? Is there any chance I can go home before or right after my baby is born...? My baby is due on July, 2009.

Please anyone who might know the answers help us with this. Thanks a lot.

Yineira

[YuAndDan 153]

You need to fill out an I-130, and include it with the I-485 filing. The I-485 will have "A" checked and will be based on the I-130..

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide2

Moving this to the AOS from visitor's visa forum. You are NOT K-1

As for I-765, it is based on pending I-485 (C )(9 ) for #16

Edited January 3, 2009 by YuAndDan

[YuAndDan 153]

Also fill out an I-131 for an AP doc, for most visa types, leaving the USA while AOS is pending results in AOS being terminated, you need an AP doc to travel while AOS is pending.

[Yineria 0]

Also fill out an I-131 for an AP doc, for most visa types, leaving the USA while AOS is pending results in AOS being terminated, you need an AP doc to travel while AOS is pending.

Thank you so much for the help! We'll do it when my husband comes home.

Yineria

[shaggy_mutt 0]

Hi,

I am from Taiwan and my husband is American. I entered the States last January to visit his family with a B2 Visa which was issued in 2005 and should be good through 2010. We got married in March in the States. We were stupid and knew nothing about K-1... I'm now pregnant and my I-94 expired last July.

Just to clarify, since we just started a new year: you were married in March of last year, and your I-94 expired in July of last year - meaning your I-94 was valid when you married, correct?

There are some threads here about marriage on a tourist visa, which I'd suggest as background reading. Some people succeed in AOS, some don't (and then have to file I-130 for a K-3 visa).

[YuAndDan 153]

Hi,

I am from Taiwan and my husband is American. I entered the States last January to visit his family with a B2 Visa which was issued in 2005 and should be good through 2010. We got married in March in the States. We were stupid and knew nothing about K-1... I'm now pregnant and my I-94 expired last July.

Just to clarify, since we just started a new year: you were married in March of last year, and your I-94 expired in July of last year - meaning your I-94 was valid when you married, correct?

There are some threads here about marriage on a tourist visa, which I'd suggest as background reading. Some people succeed in AOS, some don't (and then have to file I-130 for a K-3 visa).

OP entered USA January 2008, and married March 2008, most I-94s are valid 90 days or more, so yes more than likely they married within that validity of the I-94.

I have seen many cases where a marriage happened after I-94 expiration without problems, they will be filing I-130+I-485 to adjust status. Overstay tends to be forgiving due to marriage to a US citizen.

OP indicated entry was to visit family, so no immigrant intent was implied in their post.

[shaggy_mutt 0]

Hi,

I am from Taiwan and my husband is American. I entered the States last January to visit his family with a B2 Visa which was issued in 2005 and should be good through 2010. We got married in March in the States. We were stupid and knew nothing about K-1... I'm now pregnant and my I-94 expired last July.

Just to clarify, since we just started a new year: you were married in March of last year, and your I-94 expired in July of last year - meaning your I-94 was valid when you married, correct?

There are some threads here about marriage on a tourist visa, which I'd suggest as background reading. Some people succeed in AOS, some don't (and then have to file I-130 for a K-3 visa).

OP entered USA January 2008, and married March 2008, most I-94s are valid 90 days or more, so yes more than likely they married within that validity of the I-94.

I have seen many cases where a marriage happened after I-94 expiration without problems, they will be filing I-130+I-485 to adjust status. Overstay tends to be forgiving due to marriage to a US citizen.

OP indicated entry was to visit family, so no immigrant intent was implied in their post.

That's how I took the timeline too. Just asking since half our paperwork at work yesterday said 1-1-08.

Anyway, agree that OP doesn't mention immigrant intent. (i.e., planning to marry when you arrive) To the OP, if you're not already aware, this will be an important question later on. Basically you aren't allowed to come in on a B-2 planning to marry, but if you decide spontaneously to marry while you're here, you are theoretically eligible to AOS. Your mileage may vary.

[sasaqlain 24]

I am going through a similar situation. YouAndDan, I retrieved my I-130 NOA1 Receipt Number by calling the USCIS number since the original was never received even after a lapse of 37 days. I am about to file for I-485. The USCIS person told me to just print an online copy and attach it to the AOS package. I would appreciate your reponse to my following questions.

1) While going through the USCIS online service, it states that the application was last updated on 12/11/2008.(They received the application on 11/26/2008 and cashed the checks on 12/06/2008) Is that the same as being touched?

2) Can I simply attach a copy printed from the website to the AOS application package? Will that be accepted.

3) Do i really need the NOA1 and how detailed are the online status updates?

[YuAndDan 153]

I am going through a similar situation. YouAndDan, I retrieved my I-130 NOA1 Receipt Number by calling the USCIS number since the original was never received even after a lapse of 37 days. I am about to file for I-485. The USCIS person told me to just print an online copy and attach it to the AOS package. I would appreciate your reponse to my following questions.

1) While going through the USCIS online service, it states that the application was last updated on 12/11/2008.(They received the application on 11/26/2008 and cashed the checks on 12/06/2008) Is that the same as being touched?

2) Can I simply attach a copy printed from the website to the AOS application package? Will that be accepted.

3) Do i really need the NOA1 and how detailed are the online status updates?

1) Normally the I-130 and I-485 are filed together in same envelope to Chicago PO Box, if not then copy of I-130 NOA1 tends to be needed to be attached to the I-485.

2) If the agent indicated that should work, then give it a try.

3) Online status will just indicate petition number and that they have received the I-130.

[sasaqlain 24]

I am going through a similar situation. YouAndDan, I retrieved my I-130 NOA1 Receipt Number by calling the USCIS number since the original was never received even after a lapse of 37 days. I am about to file for I-485. The USCIS person told me to just print an online copy and attach it to the AOS package. I would appreciate your reponse to my following questions.

1) While going through the USCIS online service, it states that the application was last updated on 12/11/2008.(They received the application on 11/26/2008 and cashed the checks on 12/06/2008) Is that the same as being touched?

2) Can I simply attach a copy printed from the website to the AOS application package? Will that be accepted.

3) Do i really need the NOA1 and how detailed are the online status updates?

1) Normally the I-130 and I-485 are filed together in same envelope to Chicago PO Box, if not then copy of I-130 NOA1 tends to be needed to be attached to the I-485.

2) If the agent indicated that should work, then give it a try.

3) Online status will just indicate petition number and that they have received the I-130.

YouAndDan,

The problem is that the USCIS officer said they mailed the NOA1 three weeks ago. They asked me to check with my local post office for misplaced mail. They also said that they normally don't send duplicates unless the original was returned to them due to address error. Now, what do I do. I have no other option but to submit the online copy otherwise i could be stranded for months without having heard from them on their decision regarding the I-130. I know the mail got lost and the Post office will never admit their fault.

Edited January 3, 2009 by saspak