AOS from B2 for my wife, is it ok to overstay?

[newacct 688]

Since it looks like it has already been around 4-5 months after she entered the State as a B2 visitor, it is probably the best for her to exit and re-enter US using the B2 again (assuming the B2 you carry allows multiple entry before the expiration date, which I think is most the case).

Someone entering on B2 visa cannot have pre-conceived intent to file AOS during that trip. So she cannot re-enter using B2.

Edited July 16, 2015 by newacct

[Pablo202 0]

FYI - it's immigration fraud to use a visitor visa to enter the US with the intent to immigrate. What you advised is also illegal.

She never used a visitor visa with the intent to marry or immigrate. She's just worried if she's doing anything wrong that could delay or deny her to live with me in the US since we got married.

[aaron2020 11,651]

She never used a visitor visa with the intent to marry or immigrate. She's just worried if she's doing anything wrong that could delay or deny her to live with me in the US since we got married.

Hi,

My response was not addressed to you. Never accused your wife of using a visitor visa to enter the US with the intent to marry or immigrate.

My response was to Darse1112 who advised your wife to leave and then enter the US with the intent to immigrate. His advice is bad because it's immigration fraud.

File to adjust and enjoy life.

Best of luck

[paulfr 1]

FYI - it's immigration fraud to use a visitor visa to enter the US with the intent to immigrate. What you advised is also illegal.

Respectfully, that is not true.

It would be true if there was an intent to deceive to obtain personal gain.

But if what the OP says is true, they never deceived anyone.

So no Fraud can be accused or committed.

To do so would require the INA official to have reason to believe they are lying.

AOS is allowed if no flags are raised and there is a genuine bona fide marriage.

[Darnell 8,478]

Paul - you digging into this topic tonight? Man, it's a quagmire, we all fight about this topic. Lots and lots of threads here over the last 2 years. I hope you're not searching and then posting in ALL of them - that would be a waste of time... Sure , the topic is important, but the fight is not.

Edited February 1, 2016 by Darnell