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jaldogan

My fiance holds a B1/B2 visa for work - we met in Turkey and will be in CA - can we apply simply for change of status after we decide to get married?

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I am a US Citizen currently working and residing in İstanbul, Turkey while İ met my boyfriend (now fiance). We have been together over 6 months and are soon moving to live together in CA where he is based out of. He is in the US on a B1/B2 visa and has had it since 2013, where he has left and entered during the appropriate periods.

My question at this point, is when we decide to get married (it will be in the US since my family is there) - are we able to just apply for adjustment of status with any issues? What would be the best process for this? He needs to stay in the US due to his business affairs.

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The legal way to do this is to apply for a K1 fiancé visa for him which will allow him to come marry you in the U.S upon arrival within 90 days then do an adjustment of status to permanent residency. He can still visit temporary while the K1 petition is being processed which will take a couple of months. Coming to the U.S. on a visitor visa with the intent to marry and adjust status though passible is ill advised as it's considered visa fraud.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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It's less about him visiting me and more about his business, he stays in the U.S. 6 months at a time and leaves just for a few days to return as his business demands he be there.

Is there anyway he can stay in U.S. With any process?

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You are asking about adjusting status on a tourist visa with clear preconceived intention, it is fraud.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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It's a business visa- not a tourist visa. I'm just wondering what the process is as we both need to be in U.S. for work. We don't have any immediate marriage plans - and may even get married in Turkey if not the U.S., I'm just asking the best process

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Entering the USA on ANY B via with the intent to adjust status, either because you married in Turkey before or get married in the USA, is visa fraud, Don't do it.

He may want to look into a proper work visa- an investors visa perhaps if he has a thriving business here, or an L1 management visa.

Even B visas used for business are NOT supposed to be used to live in the USA, just to visit for meetings, training and such. Your boyfriend may run into issues with taxes.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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