adjustment of status fromB1 to hopefully GC

[makedreamy 0]

I am a Doctor that wanna specialize in USA and I am married to a US citizen in Feb2009 in my country, I have a valid B1 visa and I will go to the states in October2009.

I just wanna know:

1st:is it really illegal for me to enter the states with a B1 visa and then ask for the AOS

2nd: what kind of paper work I have to bring with me from my country and how much does the whole process may cost

3rd:how long does it take for me to get the EAD

thanks a lot for your help

[Anh map 2,098]

1 - Yes, it is visa fraud.

2 & 3 - Read the Guides here on VJ to learn the options available and steps involved.

[sjr09 155]

I am a Doctor that wanna specialize in USA and I am married to a US citizen in Feb2009 in my country, I have a valid B1 visa and I will go to the states in October2009.

I just wanna know:

1st:is it really illegal for me to enter the states with a B1 visa and then ask for the AOS

2nd: what kind of paper work I have to bring with me from my country and how much does the whole process may cost

3rd:how long does it take for me to get the EAD

thanks a lot for your help

Guides if you are married. CR1 IR1

http://www.visajourney.com/forums/index.ph...page=i130guide1

[sasaqlain 24]

If you are entering the US to get married and then apply for AOS, that is considered visa-fraud. And since you have disclosed your intention to commit visa-fraud(however unintentional it may be) in your post, any further advice I give you at this point will be useless. Your best option is to apply for a K visa from your home country.

[makedreamy 0]

thanks a lot for your help.

I am married and i do not wanna enter the states to get married and since my wife is in my home country then i do not need the fiance visa and the other problem is that i do not have time to wait for the immigration visa in my country since i have to come to the states in october.

Best regards

[milimelo 4,234]

Well you just may have to postpone your plans until you have the right visa.

[Penguin_ie 5,986]

So your US citizen wife is staying in your country while you go to the USA to study? In that case, you cannot even get a spousal visa, as these are for the foreign beneficiary to join the USC in the USA.

You cannot enter the USA with a B1 visa with the intent of then doing AOS as has been pointed out, that is illegal and could result in a lifetime ban. However, how will you "specialise in the USA" as a doctor? If you plan on doing post-grad studies and have been accepted by a US university, you can probably get a student visa, they are quite easy to get and get aproved quite fast, but you do need to show that you can financially support yourself and pay the fees, and it allows you to stay much longer than the B1 visa. If you plan on working here as a doctor, there are work visas for highly specialised people, such as the HB1 (NOT the same as the B1), which allow you to be paid for your work.

Edited August 31, 2009 by Penguin_ie

[Penguin_ie 5,986]

Another thought: is the plan for your wife to join you in the USA?

If so, you could look into DCF, ie filing for a spousal visa via your embassy. Depending on where you life, this can take from a few weeks (see my timeline) to a few months, but is much faster than filing for a spousal visa from the USA. If neccessary, I believe you could even go to the USA on your B1 visa (as that is only a visitors visa and you won't officially reside in the USA), then return to your home country for the spousal interview, and assuming you pass, you will get a CR-1 spousal visa, which means you get a green card right away once you retyurn to the USA and can work right away too.

[makedreamy 0]

thanks a lot but my problem is that my interviews start in October and end in March after March I will have to wait for about three months to start working so even if I caome back to my country where there is usually delays in VISAs I will not have enough time to be able to go to that states for my job

what if I came to the states as a visitor and then maybe after a month or so I changed my mind and decided to go for AOS doesn,t that happen???????

I am so sorry cuz I am nagging too much but I do not have many choices

thanks a lot

[TayRivers 4]

thanks a lot but my problem is that my interviews start in October and end in March after March I will have to wait for about three months to start working so even if I caome back to my country where there is usually delays in VISAs I will not have enough time to be able to go to that states for my job

what if I came to the states as a visitor and then maybe after a month or so I changed my mind and decided to go for AOS doesn,t that happen???????

I am so sorry cuz I am nagging too much but I do not have many choices

thanks a lot

You are looking for a way to get around the immigration laws of the USA so that you can come here and work, that would be illegal and could result in a ban from the USA. You have been given some very good information here as to what options are open to you.

You can do an immigrant visa through your wife CR1/IR1

You can try for a employment visa HB1

If you are going to be studying at University the you can apply for a Student visa F1

YOU CAN NOT COME ON A B1 AND THEN DO ADJUSTMENT OF STATUS, THAT WOULD BE ILLEGAL..

Edited August 31, 2009 by TayRivers

[Penguin_ie 5,986]

You have nothing to "change your mind" from, as just because you are in the USA does not mean you can stay- that would only apply if you wanted to stay with your wife who already was in the USA (beside, by posting your intent here you have basically publicly declared you might commit visa fraud, so it would be very unwise to try and convince the US government you are genuine in your "change of mind"!). If you do find work as a doctor, and your employer really wants you, they can apply for an employment visa expedite, which will onlt take a couple of weeks, so plenty of time to be back in the USA in March.

If your wife, the USC, is coming with you, in October or March, you can eventually be granted a green card and work authorisation on the basis of having a US spouse, but that only works (AOS or visa) if your wife is with you. If she is planning on coming with, you have just as much opportunity to do it the right, leqal way than to do it illegally, and way less risk. So do it the right way!

In summary:

- AOS from B1 just because you want to stay= not possible

- AOS because your wife the USA is with you= illegal, will probably get caught and banned for life

- Spousal visa via DCF (can be filed today!)= possible, legal, and your wife can go to the USA with you in October if she chooses as she can leave the foreign country as soon as I-130 is filed. At the latest, she MUST come with you when you immigrate and get your green card on the basis of the spousal visa.

[makedreamy 0]

Thanks again and I am sorry if I am nagging too much but I am really confused and frustrated.. :crying:

Plz I did not understand the(If your wife, the USC, is coming with you, in October or March, you can eventually be granted a green card and work authorisation on the basis of having a US spouse, but that only works (AOS or visa) if your wife is with you. If she is planning on coming with, you have just as much opportunity to do it the right, leqal way than to do it illegally, and way less risk. So do it the right way!))

can u explain it to me in a simple way cuz my wife is coming with me in October... :wacko:

[Penguin_ie 5,986]

As your wife is coming with you in October, what you should do is this: Have her file the I-130 for a CR-1 spousal visa now, at your local embassy. You should be able to download the form from the USCIS website, and there are helpful guides here on VJ about filling the forms out correctly. The embassy will process her petition, and then your visa application. It might be ready for October, but probably not. So in October, you and your wife go to the USA, she can enter normally as a citizen, you on your B1 visa. A couple of months later, you will be called for an interview at the US embassy in your home country. BY choosing how long you take to send in your visa package, you should be able to schedule your interview for the spousal visa for when you are back in your home country anyway in March. If you are successful, you will receive a CR-1 spousal visa, and when you go back to the USA a few weeks later to start your job, you will get a stamp in your passport when you enter that acts as a temporary green card and allows you to work immediately; your SSN (social security number) will arrive in the mail a couple of weeks later.

[sjr09 155]

thanks a lot for your help.

I am married and i do not wanna enter the states to get married and since my wife is in my home country then i do not need the fiance visa and the other problem is that i do not have time to wait for the immigration visa in my country since i have to come to the states in october.

Best regards

If your married why do you want to enter the US to get married? You can not do a K1 fiance visa if you are married only K3, CR1/IR1