AOS from B2 from F1

[teaorcoffee 0]

Hi, all. I'm new here.

I'm going to marry a USC and then plan my AOS from B2, and had some concerns.

Here is my background;

I came to US with F1 visa as a student.

I started dating my bf who was a permanent resident of US.

Started living together.

I finished school and worked during OPT.

I changed my non-immigrant status from student (f1) to visitor (b2, already approved).

My bf naturalized to USC.

Now we are planning to get married.

I've never been out of status nor worked illegally. My B2 status is still valid.

At first, we were not going to get married and stay in US. My bf and I were going to relocate to my native country (he was raised there so it's like his home country as well) after I finish OPT.

I changed my status from f1 to b2 because we wanted time to travel and enjoy US before we relocate back to my country.

However, things have changed after a lot of thoughts and we decided to remain in US.

Now, we are planning to get married and apply for my GC through AOS.

My concern is...is there a chance that USCIS takes my status change from F1 to B2 as a visa fraud? to keep me in US while my bf becomes USC?

Is there going to be disadvantage or troubles for my AOS since I changed my non-immigrant status from F1 to B2 while in US?

We've been living together for almost 4 years, so I believe proving that it is (will be) a bona fide marriage won't be an issue.

I've seen comments of people adjusting status from B2 or F1 but my situation might be more complicated.

Any advices/comments appreciated.

Thanks!

[sweetpiano 0]

Until when is your B2 status valid? Usually someone who enters the US on a visitor visa can only stay for 6 months.

I don't think switching status would be a problem, although there is the appearance that getting married and adjusting status was premeditated.

[teaorcoffee 0]

My B2 status is valid til August. It was approved for a little less than 6 months ( I requested for that length).

Until when is your B2 status valid? Usually someone who enters the US on a visitor visa can only stay for 6 months.

I don't think switching status would be a problem, although there is the appearance that getting married and adjusting status was premeditated.

[sweetpiano 0]

When did your boyfriend become a USC? If you get married within a short period of time after that, it also might give the appearance of premeditation.

In any case, I would be of the opinion to go ahead and apply for AOS after getting married. Any other opinions or concerns out there?

[Bobby+Umit 161]

Adjustment of status is discretionary.

Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

Preconceived intent

AOS

[teaorcoffee 0]

When did your boyfriend become a USC? If you get married within a short period of time after that, it also might give the appearance of premeditation.

In any case, I would be of the opinion to go ahead and apply for AOS after getting married. Any other opinions or concerns out there?

He became a USC this month.

He applied for naturalization last fall (way before i changed my non-immigrant status), and he was naturalized after I changed my non-immigrant status.

So it's better to wait a few month to get married, then AOS I guess?

But he "applied" for naturalization way back so it doesn't really matter?

Adjustment of status is discretionary.

Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

Preconceived intent

AOS

Hi, Bobby_Umit. Those articles are so informative. Thanks!