Can I apply for AOS if I marry on a B2 visa?

[gabriela85 0]

Hi!

I came to the US on a B2 visa in January 2008 (this is my 5th time as a tourist here) and me and my boyfriend decided to get married at the beggining of March, on US territory. Seeing our options (K1 or K3) - that take so looooooong to get approved, we decided to go for the marriage than apply for an AOS. My boyfriend is in the military, so we don't know yet where we will live in the US / or if he's getting deployed somewhere overseas, so we don't have time to wait for K1s or K3s...

Do you guys think that we will have any problems adjusting my status? What do you advise me to do?

Thank you!

[raymaga 25]

If you entered the U.S. as a visitor, with no intention of staying permanently, and then spontaneously decided to get married after you got here, you will have no problems adjusting status after your marriage.

On the other hand, it is considered visa fraud if you entered the U.S. with the intention of marrying a U.S. citizen and staying. You will most certainly be asked about the circumstances that led up to your spontaneous marriage at your AOS interview, and as long as you can convince the interviewing officer that you married spontaneously after arriving in the U.S., you shouldn't have any problems.

If you cannot convince the officer of this, you could be banned from entering the U.S. for up to 10 years.

[nightflight1945 0]

If you entered the U.S. as a visitor, with no intention of staying permanently, and then spontaneously decided to get married after you got here, you will have no problems adjusting status after your marriage.

On the other hand, it is considered visa fraud if you entered the U.S. with the intention of marrying a U.S. citizen and staying. You will most certainly be asked about the circumstances that led up to your spontaneous marriage at your AOS interview, and as long as you can convince the interviewing officer that you married spontaneously after arriving in the U.S., you shouldn't have any problems.

If you cannot convince the officer of this, you could be banned from entering the U.S. for up to 10 years.

It is better to wait at least 90 days after entry to US before filing for AOS.

And by the way , I don't think if you're rejected in AOS interview you would be banned.Nobody can accuse you of marrying a US citizen even the day you've entered(the marriage should be a real one).In that case you have to get out of the country and perform consulate processing as its routine.

[chipsahoy 3]

My friend got here in the US on a tourist visa along with her whole family. She got married 2weeks after they arrived. She, now, is holding a green card with no problem at all processing her AOS.

[gabriela85 0]

Thank you all for your responses! I feel much better about doing all this!

God Bless!

[athena_ny 1]

If you entered the U.S. as a visitor, with no intention of staying permanently, and then spontaneously decided to get married after you got here, you will have no problems adjusting status after your marriage.

On the other hand, it is considered visa fraud if you entered the U.S. with the intention of marrying a U.S. citizen and staying. You will most certainly be asked about the circumstances that led up to your spontaneous marriage at your AOS interview, and as long as you can convince the interviewing officer that you married spontaneously after arriving in the U.S., you shouldn't have any problems.

If you cannot convince the officer of this, you could be banned from entering the U.S. for up to 10 years.

It is better to wait at least 90 days after entry to US before filing for AOS.

And by the way , I don't think if you're rejected in AOS interview you would be banned.Nobody can accuse you of marrying a US citizen even the day you've entered(the marriage should be a real one).In that case you have to get out of the country and perform consulate processing as its routine.

They can ban you for a myriad of reasons, and depending on the reasons, for varying amounts of time. So yes, you would be banned.

[Kez/JWolf 6]

It is better to wait at least 90 days after entry to US before filing for AOS.

And by the way , I don't think if you're rejected in AOS interview you would be banned.Nobody can accuse you of marrying a US citizen even the day you've entered(the marriage should be a real one).In that case you have to get out of the country and perform consulate processing as its routine.

nightflight1945 please supply the source of your information.....

There is no benefit from waiting at least 90 days before filling for AOS... if fact it is better to file before the I-94 expires and show you do not intend on accruing "out of Status" time... As for being banned if you were denied at AOS interview, this would only happen if you had accrued more than 180 days out of status... if you had not accrued any of of staus days you can leave the US and file for CR1 visa and start again...

Kez

[diadromous mermaid 36]

Nobody can accuse you of marrying a US citizen even the day you've entered(the marriage should be a real one).

That'd have to be practically done in the airport........sort of gives a new meaning to "baggage pick up"