AOS from B2 visa (Canadian in US)

[skimmilk 32]

Hello, all. I'm looking for some general feedback about my situation.

 

I'm a Canadian citizen (27 year old woman) who came to the US in 2013 on a F-1 visa to go to grad school in California. I graduated 2015, then changed to OPT.

 

It was right around graduation that my boyfriend (a US citizen) and I became romantically involved. I had been single for a long time and am actually his first real girlfriend. He is 33 years old. We moved in together December 2015. For most of 2016, I was trying to find work in my field (as stipulated by OPT). However, I was unsuccessful and did not obtain a work visa to which I could adjust my status. As a result, I had to go back to Canada in November 2016.

 

While I was in Canada, my boyfriend and I continued our relationship. Finally, in March 2017, we decided it was time for me to come back. At the time, he had not yet met my family and we also decided it was time for him to meet them. I met his family when we first started dating.

 

So I flew back to California and was granted a B2 visa at the airport. I was told to go to the secondary inspection area because obviously, they knew I had previously held F-1 status and I hadn't been out of the US for THAT long. The officer asked me what my intent was for this trip and I stated it was to visit my boyfriend. He stressed that I am NOT allowed to find work (I knew this already), asked how much cash I had on me (I found this weird; I'd never been asked that before), stamped my passport (with a B2 visa expiring September 2017) and sent me on my way.

 

A couple weeks after I got back, we flew to the East Coast to meet my family. They were able to drive down from Ontario and we had a nice few days together. My boyfriend's parents also came. It was during this time that my parents told me that if/when my boyfriend and I want to get married, they fully support it.

 

Now up until this point, my boyfriend and I hadn't planned for marriage to happen yet. My friend's getting married back home in October and we thought it'd be better if we just didn't tie the knot so we could travel together back and forth. However, my parents expressing their support (they're traditional Asian parents; my boyfriend's parents are conservative Christians) changed things a little for us. Obviously, HIS parents have wanted us to get married too. So after this little get-together, my boyfriend and I have decided to go through with it.

 

He officially proposed a week ago (we don't have rings yet) and we've already spoken to a lawyer through a legal service to ask about the green card application process (the lawyer is not OUR lawyer, but it's the best we could do right now). Now, after doing some research, I found out that getting married on a B2 visa and then applying for AOS is frowned upon. But the lawyer said it's not that big of a deal and it'd be better if we got the process started sooner. I'm just wondering if y'all could shed more light on this.

 

From what I've read online so far, it seems the crux of the issue is intent. As I said, our intent when I came back to the US a month ago was NOT for us to get married. We were both prepared for me to go back to Canada and for him to visit during my friend's wedding, but our family meet-up changed things. We love each other and the long-distance was tough. I was prepared to do it again though because of the legalities.

 

Anyway, apologies for the wall of text. Just looking at all the paperwork was overwhelming. I can't imagine how it's gonna be when we get called for our interview. Much love!

[geowrian 22,335]

You can adjust status form a B2 fine as the spouse of a USC. You are not allowed to enter the US on any non-immigrant status with the intent to adjust. You decided to adjust while in the US, so there's no issue if you adjust now.

 

You are NOT permitted to leave Canada and then re-enter with the intent to adjust. Also, once you file AOS + AP + EAD, you cannot leave the US until you receive AP. Otherwise you will abandon the AOS application and have to file for a CR-1 visa.

 

Follow this guide to adjust in the US:

http://www.visajourney.com/content/i130guide2

[Boiler 43,422]

Quote

 I found out that getting married on a B2 visa and then applying for AOS is frowned upon.

News to me,very common.

[skimmilk 32]

3 minutes ago, Boiler said:

News to me,very common.

Oh I suppose it would be.  My boyfriend thinks that people just say it's frowned upon as a scare tactic.

[geowrian 22,335]

Just now, skim00 said:

Oh I suppose it would be.  My boyfriend thinks that people just say it's frowned upon as a scare tactic.

I do think it is frowned upon...not that it matters to USCIS for adjudicating your case.

[skimmilk 32]

3 minutes ago, geowrian said:

I do think it is frowned upon...not that it matters to USCIS for adjudicating your case.

Yes ultimately it's up to their discretion.

[geowrian 22,335]

Just now, skim00 said:

Yes ultimately it's up to their discretion.

The final adjudication is up to their discretion for certain factors, yes. But immigrant intent when you enter is not - intent is determined at POE.

[skimmilk 32]

3 minutes ago, geowrian said:

The final adjudication is up to their discretion for certain factors, yes. But immigrant intent when you enter is not - intent is determined at POE.

Okay yes I've read that too.  Like I said in my original post, I told the officer I was visiting my boyfriend and he asked NO questions about my boyfriend.  He seemed more concerned with me and what job I had while in Canada, what I had studied in California, etc.

 

But another question: my boyfriend (well, fiance now) and I have a lot of pictures documenting our relationship.  However, we don't have any shared financial assets.  He has a vehicle, I don't.  His name is on the lease, mine isn't.  He doesn't have health insurance and neither do I.  We're both freelance creative professionals (except I haven't worked in the US yet).  The only financial thing we share is our cellphone plan, which we combined back in October 2016.  Will they be okay with this?  We haven't combined our finances mostly because we prefer keeping them separate.

[geowrian 22,335]

1 minute ago, skim00 said:

Okay yes I've read that too.  Like I said in my original post, I told the officer I was visiting my boyfriend and he asked NO questions about my boyfriend.  He seemed more concerned with me and what job I had while in Canada, what I had studied in California, etc.

 

But another question: my boyfriend (well, fiance now) and I have a lot of pictures documenting our relationship.  However, we don't have any shared financial assets.  He has a vehicle, I don't.  His name is on the lease, mine isn't.  He doesn't have health insurance and neither do I.  We're both freelance creative professionals (except I haven't worked in the US yet).  The only financial thing we share is our cellphone plan, which we combined back in October 2016.  Will they be okay with this?  We haven't combined our finances mostly because we prefer keeping them separate.

CBP seems to be extremely lenient with Canadian passport holders... haha But you did exactly the right thing by answering all the questions honestly and I don't see any issues at all here. Like I said, intent is determined at POE.

 

Send whatever proof you have, and continue to gather additional evidence for the interview (assuming you get one..not everyone does). USCIS will take into account how long you have been married in terms of the amount of proof you provide. it's not uncommon for newlyweds not to have lots of commingled finances and such yet. That said, I do suggest starting to get your evidence together and taking care of the commingled finances aspects as you are able.

 

You won't be able to work in the US until you get your EAD (including freelance). I'd also suggest having the USC look into the I-864 requirements since self-employment is usually a little more difficult to prove sufficient income/assets than a waged employee (i.e. you need additional documentation to support it).

 

Good luck!

[Boiler 43,422]

11 minutes ago, skim00 said:

Oh I suppose it would be.  My boyfriend thinks that people just say it's frowned upon as a scare tactic.

Correct

 

And sad

[David&Femke 91]

3 hours ago, skim00 said:

Okay yes I've read that too.  Like I said in my original post, I told the officer I was visiting my boyfriend and he asked NO questions about my boyfriend.  He seemed more concerned with me and what job I had while in Canada, what I had studied in California, etc.

 

But another question: my boyfriend (well, fiance now) and I have a lot of pictures documenting our relationship.  However, we don't have any shared financial assets.  He has a vehicle, I don't.  His name is on the lease, mine isn't.  He doesn't have health insurance and neither do I.  We're both freelance creative professionals (except I haven't worked in the US yet).  The only financial thing we share is our cellphone plan, which we combined back in October 2016.  Will they be okay with this?  We haven't combined our finances mostly because we prefer keeping them separate.

from what i hear it can take a wile if you get married on b2 and then do aos. and you wont be able to work there for a wile. if you get married and then do adjustment from canada, you will get your greancard and when you come back you will be able to work right away, if you are not financally solit that might be something to consider. you would be apart for longer though.

[NikLR 13,220]

2 hours ago, David&Femke said:

from what i hear it can take a wile if you get married on b2 and then do aos. and you wont be able to work there for a wile. if you get married and then do adjustment from canada, you will get your greancard and when you come back you will be able to work right away, if you are not financally solit that might be something to consider. you would be apart for longer though.

There is no adjustment of status outside the USA. Are you suggesting the OP leave and chase a CR1 visa after marriage? A CR1 takes about a year.

 

OP you are fine to adjust status. Save some money and forget a lawyer and follow our guides.  

 

I do suggest some financianal co-mingling after marriage as the AOS will not be the only time you will have to deal with the USCIS.  Just a bank account the two of you share that maybe you both submit money for savings for large purchases? The uscis doesnt expect these things to happen before marriage but 2 years after you get your green card you will have to remove the conditions on it and prove a bona fide marriage, again.  At that time they want to see financial  co-mingling. 

[zilchfox 296]

8 hours ago, skim00 said:

Oh I suppose it would be.  My boyfriend thinks that people just say it's frowned upon as a scare tactic.

Frowned upon? Maybe, not usually though if you didn't intend to marry and adjust before you made your trip down. You entered legally, initially without immigration intent, and that plan changed during your stay — not a big deal as that happens all the time.

 

Skip the lawyer, you don't need one, your case is simple enough to do it on your own.

 

5 hours ago, David&Femke said:

from what i hear it can take a wile if you get married on b2 and then do aos. and you wont be able to work there for a wile. if you get married and then do adjustment from canada, you will get your greancard and when you come back you will be able to work right away, if you are not financally solit that might be something to consider. you would be apart for longer though.

I'm not too familiar with AOS on a B2, but I think as long as they file I-131 and I-765 along with their petition, she'll still be granted an EAD/AP combo card within 90 days so she can legally work based on the technicality that she has a pending I-485, so not much different from adjusting from a K-1, however the I-485 will probably take much longer to process as they'll also have to process the I-130, and additionally an interview is pretty much guaranteed for AOS.

Edited April 29, 2017 by zilchfox

[David&Femke 91]

53 minutes ago, Antriksh said:

Guys, what is D 260 for? Are there any more forms to fill out (apart from D 160) after the approval?

 

4 minutes ago, zilchfox said:

Frowned upon? Maybe, not usually though if you didn't intend to marry and adjust before you made your trip down. You entered legally, initially without immigration intent, and that plan changed during your stay — not a big deal as that happens all the time.

 

Skip the lawyer, you don't need one, your case is simple enough to do it on your own.

 

I'm not too familiar with AOS on a B2, but I think as long as they file I-131 and I-765 along with their petition, she'll still be granted an EAD/AP combo card within 90 days so she can legally work based on the technicality that she has a pending I-485, so not much different from adjusting from a K-1, however the I-485 will probably take much longer to process as they'll also have to process the I-130, and additionally an interview is pretty much guaranteed for AOS.

that is true 3 months can be long if both have no job. if you do cr1 you can work right away.

 

[zilchfox 296]

1 minute ago, David&Femke said:

 

that is true 3 months can be long if both have no job. if you do cr1 you can work right away.

 

CR1 would take a year to process, and then they'd be physically apart for pretty much that length in time, too, something I do not wish for any married couple.