AOS for b1/b2 spouse with an approved I-130

[divine_00 0]

Dear friends,

iam married for almost 2years now, my USC wife has filed a petition (I-130) for me to receive an Immediate Relative Immigrant Visa from the U.S. embassy in Jordan, and the petition has been approved and i was sent an approval notice.

currently iam in the states, i have entered the states through a b1/b2 visa with no intent to immigrate ( to do some exams and things like that ), accedently, i heared about the I-485 form, by which i can change my status from nonimmigrant to a permenant resident status.

can i use this form to permenantly reside in the states??? meaning that, can i change my b1/b2 status to a permenant resident status ???

P.S, i have read the instructions for I-485 form, and from what i have read, it appears that iam an eligible candidate for applying to an AOS through this form !!!

[Penguin_ie 5,986]

You can as you had no immigrant intent when entering the USA.

HOWEVER- you will need to prove you had no such intent, and you having an I-130 in the system will be a huge red flag.

[VanessaTony 3,567]

Dear friends,

iam married for almost 2years now, my USC wife has filed a petition (I-130) for me to receive an Immediate Relative Immigrant Visa from the U.S. embassy in Jordan, and the petition has been approved and i was sent an approval notice.

currently iam in the states, i have entered the states through a b1/b2 visa with no intent to immigrate ( to do some exams and things like that ), accedently, i heared about the I-485 form, by which i can change my status from nonimmigrant to a permenant resident status.

can i use this form to permenantly reside in the states??? meaning that, can i change my b1/b2 status to a permenant resident status ???

P.S, i have read the instructions for I-485 form, and from what i have read, it appears that iam an eligible candidate for applying to an AOS through this form !!!

Yes it is possible as the spouse of a USC you have this open to you.

However what Penguin said is correct.

Also, it's important to remember if it is denied then you have no means of appeal and you will be given 30 days to leave the US. if they decide that you DID commit fraud (though this is rare it does happen) and lied on paperwork to get into the US this is called material misrepresentation and carries a lifetime ban.

So, yes you can. But remember to think about the pro's AND the con's. Best of luck

[divine_00 0]

that will be a big dilemma !!!!

i mean, i have been in the states for 1 month now and my intent was to go back home after 2 months i even booked a return ticket, AND one important thing is that i got my b1/b2 visa 6 months before my date of marrieg, so if i applied for an AOS, how could they decied if my intent was to stay here??!!

the other thing to be mentioned, is that my approved petition came form an "Embassy" , so does that complicate things in term of applying for an AOS???

[sachinky 464]

With an approved I-130 I'd say trying to AOS is a silly idea. However, consult with an immigration attorney and see what they say.

[divine_00 0]

With an approved I-130 I'd say trying to AOS is a silly idea. However, consult with an immigration attorney and see what they say.

do u mean its not worth the risk or its just silly in that its not gonna work or is it silly because i already did most of the work since i have reached the stage of approved I-130 ???!!!

[Dakine 26]

do u mean its not worth the risk or its just silly in that its not gonna work or is it silly because i already did most of the work since i have reached the stage of approved I-130 ???!!!

With you already having a petition in progress you are taking a chance of loosing it all. Also will cost you a additional $1010 plus.

[sachinky 464]

All of the above.

[VanessaTony 3,567]

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a b1/b2 visa and the prior forum is for K1, K2, K3 & K4**

[lexrj 3]

I've adjusted from b1-b2 after overstaying for 2.5 years and it wasnt pleasant at all. I know a lot of ppl who had also and didnt have a problem, however you should keep in mind two things extremely important in my opinion:

1)Already mentioned but I cant stress enough: If you get DENIED you will be BANNED forever, there is NOT a Waiver or any other way to Adjust ever again, meaning, MAYBE you will be able to come back to visit (which I doubt), but never again will be eligible for a Green Card on any sort of way.

2)If I correctly understood you, you are still within your valid period (6 months) of staying under your b1/b2 stamped on your I-94. Based on my experience and knowing other ppl that have been through this exact same process (including myself), its absolutely NOT recommended to try to adjust so soon. Under the immigration (and I completely agree with them) eyes if you come under a b1/b2 and 1 or 2 months later get married and try to adjust they will pretty much consider Marriage Fraud.

The reason is really simple:

a)If you already knew your spouse before coming here, then you should had applied for the fiance visa and not a B1/B2 (meaning you cheated immigration, and they are not gonna be happy).

b)On top of that, you're from the middle east, It's well known that whatever process your going through immigration you will be way harsher on, probably even pay you a visit.

My Recommendation:

1)Go back and apply for a fiance visa because in my opinion the risk is not worth it (you're going to get at best a "stokes" interview, if a not a direct DENIAL).

If you really have a valid marriage and think the risk is worth it then this is what you could do:

**********THIS IS NOT WHAT I WOULD DO*********************************************

Stay here for at least 1 year (switch your visa or something), meanwhile, you better gather tons of great evidence that you have a valid marriage. When I mean great evidence I mean, communications records of all sorts between you and your spouse during and before your marriage, tons of pictures with your family and your spouses family, joint bank accounts, joint insurances, lease agreement or properties on both names, mail on both names, utilities bills on both names, affidavits and anything else you can think of it, because you will need it. Also, get a good lawyer from day 1 of this process.

**********THIS IS NOT WHAT I WOULD DO*********************************************

[smiley1 3]

You know what is funny? How come they let you enter the country with a B1/B2 visa while you had a pending /or approved I-130? It is not your fault . I am just wondering what is your timeline.... when did your wife apply for I-130,when did you get the approval notice, when did you get the B1/B2 visa and when did you enter the US ... I think that will be really helpful...

[sachinky 464]

My understanding is that the OP had a B2 before she filed for the I-130.

They don't cancel prior visas, but let it remain valid so that you can visit your spouse.

Trying to AOS would be silly as there is no way in hell that she could argue that she had no prior immigrant intent with her marriage to a USC and an approved I-130.

[sasaqlain 24]

that will be a big dilemma !!!!

i mean, i have been in the states for 1 month now and my intent was to go back home after 2 months i even booked a return ticket, AND one important thing is that i got my b1/b2 visa 6 months before my date of marrieg, so if i applied for an AOS, how could they decied if my intent was to stay here??!!

the other thing to be mentioned, is that my approved petition came form an "Embassy" , so does that complicate things in term of applying for an AOS???

Your intent at the time of visa application wont be questioned, but it will be your intention at the time of entry into the US that will complicate it for you. Ofcourse you have an intention to immigrate to the US since you have an approved I-130 to prove it. Its a red flag. Although I have been through the process, but knowing what I know now, I would never gamble my life over this path. Go back, no if's and but's. Apply through proper channels. Many of us have taken this path and many succeeded, but the unlucky ones have dreadful tales to tell of their experience.

[divine_00 0]

well...

first of all my marrige is legit i have tons of evidence lool

i got my b1/b2 visa 3 years ago ( valid for 5 years )

i got married almost 2 years ago...

my wife filed a petition 4 months ago at the us embassy...

i recieved the approval notice 1 month ago...

i have been in the states for almost less than a month.

now if u asked why iam thinking about trying AOS ... well, i didnt think that would be such a thing when i first applied for an immigration visa... but i do now and it seems appealing because the porcedures in the us ebassy is so complicated nowadays, they request too many things, things that are almost impossible, so this option (AOS) is like a magical solution for my case

from what i have read, it maybe risky, but ... i dont know ...

do u think a lawyer will be helpfull guys ??

[divine_00 0]

Your intent at the time of visa application wont be questioned, but it will be your intention at the time of entry into the US that will complicate it for you. Ofcourse you have an intention to immigrate to the US since you have an approved I-130 to prove it. Its a red flag. Although I have been through the process, but knowing what I know now, I would never gamble my life over this path. Go back, no if's and but's. Apply through proper channels. Many of us have taken this path and many succeeded, but the unlucky ones have dreadful tales to tell of their experience.

one quick thought, how could they determined my intent if they didnt ask about it ... i mean if there is no written consent about immigration intent how could it be determined. i mean what if my intent when i entered the us was a nonimigrant intent then suddenly i had to change it ... doesnt pple do that anymore lol its common sense ... cirumstanses change as time pass and so are intentions.