Looking for a clear answer. Is it possible to do AOS from a B2 visa?

[195 1]

My friend from Brazil recently got married and is currently living with her husband in the US on a B2 visa. She has been here numerous times beforehand and has had a B2 visa for years now.

She is insistent that she can adjust status from a B2 directly to permanent resident, although I believe that is incorrect. She has filed all her forms relating to AOS and received her biometrics notice yesterday although I still believe she is heading down the wrong process.

She got married in the US about 3 months ago - went down to Brazil for the ceremony and honeymoon, and is now living up here in the US - all on the same B2 she's had for years.

So help me set the record straight. Can she adjust status from her B2 tourist visa to permanent resident because she married a US citizen? I want to make sure that she is ok in regards to visa fraud and what not.

thanks in advance!

[sunandmoon 450]

My friend from Brazil recently got married and is currently living with her husband in the US on a B2 visa. She has been here numerous times beforehand and has had a B2 visa for years now.

She is insistent that she can adjust status from a B2 directly to permanent resident, although I believe that is incorrect. She has filed all her forms relating to AOS and received her biometrics notice yesterday although I still believe she is heading down the wrong process.

She got married in the US about 3 months ago - went down to Brazil for the ceremony and honeymoon, and is now living up here in the US - all on the same B2 she's had for years.

So help me set the record straight. Can she adjust status from her B2 tourist visa to permanent resident because she married a US citizen? I want to make sure that she is ok in regards to visa fraud and what not.

thanks in advance!

she's ok as long as there was no intent to get married when she entered USA using B2 Visa.

[195 1]

thanks for the quick reply. So is it considered intent? She's been up here before on the same visa. However one of those trips she came up here to get married. She didn't get the B2 to get married (because she didn't even meet him yet), but she used it to get married.

[pushbrk 12,106]

thanks for the quick reply. So is it considered intent? She's been up here before on the same visa. However one of those trips she came up here to get married. She didn't get the B2 to get married (because she didn't even meet him yet), but she used it to get married.

I see two problems but they'll have to wait to see if USCIS sees or acts on either.

First, it is absolutely ok to enter on a B2 visa with the intent to marry a USC. What is not ok is to enter on a B2 visa to marry and immigrate (adjust status) based on that marriage.

So, for instance, if she came to the US and later decided to marry then adjust status, that would be ok as long as she remains in the US until she completes the adjustment or is awarded Advanced parole.

You don't indicate her intentions upon the next to the last entry specifically so if the decision to marry took place after that entry, she would have been ok if she stayed, but she didn't. Clearly since they left for a ceremony and honeymoon in Brazil and then re-entered with the B2 visa as a married couple with the intent to immigrate, then she has misused the visa, IMO. Whether this will be overlooked entirely, she'll be required to leave and go through the appropriate spouse visa process without penalty or be subject to attempted visa fraud penalties will be determined by the Adjudication process and all the specifics of the case, we may not be seeing.

[raymaga 25]

My understanding is that if you enter the U.S. without the intention of getting married, then marry spontaneously, you are allowed to adjust status after the marriage.

However, you are not permitted to leave the U.S. after the marriage until after the AOS is approved.

Your friend got married in the U.S., and then went to Brazil afterwards for her honeymoon. I believe that will cause a problem, and your friend may have to now apply for a spousal visa.

Someone correct me if I am wrong.

[zzzonzo 0]

I believe the question is did she use the visa to enter with intent to immigrate. Coming to marry would be fine if she intended to return to Brazil and did not intend to make her residence here. You say she went to Brazil for ceremony and honeymoon after getting married? So far sounds ok. But then it sounds like she returned with the intent to immigrate, which sounds to me like visa fraud. But I'm no lawyer.

[sunandmoon 450]

My friend from Brazil recently got married and is currently living with her husband in the US on a B2 visa. She has been here numerous times beforehand and has had a B2 visa for years now.

She is insistent that she can adjust status from a B2 directly to permanent resident, although I believe that is incorrect. She has filed all her forms relating to AOS and received her biometrics notice yesterday although I still believe she is heading down the wrong process.

She got married in the US about 3 months ago - went down to Brazil for the ceremony and honeymoon, and is now living up here in the US - all on the same B2 she's had for years.

So help me set the record straight. Can she adjust status from her B2 tourist visa to permanent resident because she married a US citizen? I want to make sure that she is ok in regards to visa fraud and what not.

thanks in advance!

she's ok as long as there was no intent to get married when she entered USA using B2 Visa.

sorry I didn't take into consideration that she left the USA after married. that could pose problems as others have pointed out. hopefully she has an immigration attorney knowlegable with such a situation.

[SammyPajammy 0]

So help me set the record straight. Can she adjust status from her B2 tourist visa to permanent resident because she married a US citizen?

Yes she can.

How do I know this? I am in this position myself, under the guideance of a lawyer, with my AOS interview this coming Friday.

The above posters are correct, as long as she never came with the intent to stay and marry on the B2 she is totally fine.

[Dave and Helena 0]

I would say that entering the U.S. already being married shows that she had intent to immigrate. I assume she didn't say anything about being married to a USC at the POE. That can definitely come back and hunt her during the interview. If it does she needs to be able to present proof that she didn't have intent to stay in the U.S. upon entry and based on the information you have given us I have a feeling that might be difficult for her.

[pushbrk 12,106]

So help me set the record straight. Can she adjust status from her B2 tourist visa to permanent resident because she married a US citizen?

Yes she can.

How do I know this? I am in this position myself, under the guideance of a lawyer, with my AOS interview this coming Friday.

The above posters are correct, as long as she never came with the intent to stay and marry on the B2 she is totally fine.

She can if.... and she probably can't if... In her case it doesn't matter whether she had intent to marry or immigrate upon the entry that directly preceded her marriage, because she's departed and entered again after the marriage. As the story has been told, it seems clear that this most recent entry included immigrant intent.

The devil is in the details. Unless you know the details of two cases match, one may not tell us much about the other. I suspect your lawyer told the immigrant to stay in the USA until AOS was complete. It's too late for that now in the current case.

[195 1]

thanks for the replies guys. She doesn't have a lawyer because they can't afford one. You guys have definitely clarified this for me.

One final point of clarification. She did not start the AOS until after she came back from her honeymoon in brazil. So she:

Got married in the US

Traveled to home country for honeymoon

Returned to US

Filed for AOS.

In addition, she filed for AOS 3 days after she returned. So if she filed for AOS after the honeymoon, what does that say about intent?

[Dan J 277]

thanks for the replies guys. She doesn't have a lawyer because they can't afford one. You guys have definitely clarified this for me.

One final point of clarification. She did not start the AOS until after she came back from her honeymoon in brazil. So she:

Got married in the US

Traveled to home country for honeymoon

Returned to US

Filed for AOS.

In addition, she filed for AOS 3 days after she returned. So if she filed for AOS after the honeymoon, what does that say about intent?

Had she filed before returning home, she may have been able to do it.

But since she returned home and filed 3 days after returning to the US, its going to like like fraud. To save herself from issues later, she should withdraw her AOS, and file for K-3 or CR-1. She should return home before her current stay expires.

[pushbrk 12,106]

thanks for the replies guys. She doesn't have a lawyer because they can't afford one. You guys have definitely clarified this for me.

One final point of clarification. She did not start the AOS until after she came back from her honeymoon in brazil. So she:

Got married in the US

Traveled to home country for honeymoon

Returned to US

Filed for AOS.

In addition, she filed for AOS 3 days after she returned. So if she filed for AOS after the honeymoon, what does that say about intent?

Had she filed before returning home, she may have been able to do it.

But since she returned home and filed 3 days after returning to the US, its going to like like fraud. To save herself from issues later, she should withdraw her AOS, and file for K-3 or CR-1. She should return home before her current stay expires.

If she's not going to consult an attorney, I would lean in the same direction. Both filing after the honeymoon and three days after entry are damning but the three days after sounds like a definite deal breaker to me.

[rebeccajo 14]

She can't afford not to speak to an attorney. Seriously.

She has already filed for the AOS, so the cat is out of the bag now.

This story keeps changing.

We can't advise her. Not effectively. And the truth be told, we should ALWAYS recommend an attorney consult for everything we answer.

A qualified immigration attorney can advise this woman if, based upon ALL THE FACTS, she should pursue the adjustment or withdraw it and exit the country.

It really isn't up to us to decide that for her. We all have different levels of knowledge here. Some people will immediately see 'fraud' based upon their learning curve. Others will see the situation as OK based on theirs. Some people will just immediately be pi$$ed off that the OP managed to avoid being separated, and advise this couple to spend the next 12 months apart. I guess that makes them feel better about their own personal separation. I'm sorta sorry if that sounds like judgment on my part, but hey - isn't that what happens here every day?

This lady needs a lawyer. Now. It's not up to us. It just really isn't.

[pushbrk 12,106]

It's not up to us. It just really isn't.

Fortunately, it's not possible for any decision this couple makes to be "up to us" but we have been asked an opinion. However, I wouldn't suggest she leave the US right away. She can stay as long as her I-94 allows and potentially re-enter and stick around a bit longer. Personally, I'm really happy to see couples who (honestly) manage to avoid long separations waiting for visas.

I do stick with my "leaning" that IF she's not going to consult an attorney, then withdrawing the AOS is the safe bet. An attorney may correctly advise her differently. If so, great.