AOS on B2 visitor visa

[zosima 0]

Hey experts, :-)

I just got married to an american girl here in the USA. I came with full intend to marry with my B2 visa, I even told them at immigration. I completely disregarded the fact that we might have trouble at my AOS since I'm on a visitors visa now. Now I'm hitting myself

I'm from Europe, and in the country for only 2 months now (so no overstaying). I got the multi entry B1/B2 visa several years ago, without the intend to marry.

We were planing to file I-130 and I-485, etc all together right now but realized that my status might give us trouble.

How to proceed?

- Risk it and file it anyhow?

- go CR1 or K-3 route?

- apply for greencard from outside?

[Inky 1,110]

Did they write anything in your passport when you told them you had intent to marry etc?

[coraliesolms 47]

I would file the CR-1. Its the safest course of action. Since you probable have about 4 months left on your visa, stay with your wife and then head back home when you have to.

Of course you could take your chances with the AOS, since you didnt actually "apply" for the visa with the intent to marry, and if you told CBP that you intended to get married, you can be darn sure its on your visa file somewhere.

K-3's are obsolete, as they take just as much time as the CR-1 and you dont get to work once you get it.

Hope this helps. Its the safest option. If there are others Im sure someone will chime in with it.

[Brother Hesekiel 2,235]

Most likely, nobody will ever ask you about intent at the AOS interview. But even if it came up, intent alone cannot be used as a reason for denial. In this case, the happiness of the US citizen now being married outweighs your presumed intent to get married.

You have absolutely nothing to worry about and should not give it another thought.

[zosima 0]

Did they write anything in your passport when you told them you had intent to marry etc?

Nope, they didn't write anything. Not sure if there's anything in my immigration files on getting married... they didn't seem to care much about it.

[zosima 0]

K, thank you guys for your help!

I'm leaning towards trying it with AOS instead of CR-1.

If I would go the CR-1 route, what would be the process? Correct me if i'm wrong:

1. My wife sends I-130
   
2. I leave the US and apply for CR-1 immigration visa at my home country (Switzerland)
   
3. Getting CR-1 approved (how long?) (interview?)
   
4. I come back to the US with CR-1
   
5. Do the AOS back here in the US.
   

I have no real hurry to get a work permit, since I'm a freelancer, but the most important thing is that we are separated as little as possible, thus wanting to go the AOS route. But if AOS fails we're screwed...

[Inky 1,110]

CR-1 doesnt AOS, when you enter on CR-1 you wait and get your green card in the mail.

Make sure you dont forget anything if you choose AOS rout, all the evidence etc is included with your papers and you send all the papers at the same time in the same envelope. Be prepared for an interview with you and your wife.