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divemaster19

Adjustment of Status

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HI guys,

As you are aware I am a newbie, have been doing lots of research but I am a bit confused with the adjustment of status and have this question.

If an I-130 is approved but when the I-130 was filed we wrote that we would not be adjusting status since I was not in the US, "I visit often with a B1-B2 visa" but say after approval of the I -130 and I am in the USA legally on my B2 can I adjust status.

Instead of having my interview in my home country can it be done in the USA? What are the legalities involved?

I would never want to engage in fraud or anything of that nature and always want to do things legally but also like to explore my options.

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To enter the USA with the intent to stay without a proper visa is illegal. You would be denied entry if you told the CBP of your intent and it is illegal to lie to the CBP. Misrepresentation (lying) of your intent can lead to a lifetime ban.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Yes, you can. What you can not do is cross the border on a B2 intending to adjust status. So, if you are here right now, and want to adjust status, follow the guide:

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


Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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~~Moved to AOS from Tourist, from IR1/CR1 as the question is about adjusting while in the US~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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If you were already in the USA visiting, when the I-130 was approved and randomly said, hey how about I stay, you can adjust. But if you were outside the USA, I suggest finishing with consular processing vs coming to the USA for a visit and the intent of not leaving.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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