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Matt Z

B1/B2 Visa wife AOS, advice needed!

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Filed: Citizen (apr) Country: China
Timeline

Hi All,

I'm new to this forum and would like to get some recommendation on my situation. I'm a US Citizen residing in the US and my wife of less than 1 year is a citizen of China and has been to the US twice on tourist visa. She just arrived in California again on the tourist visa as I was prepared to move back to Asia for a job transfer early next year.

However, my job transfer has fallen through recently and we found she's pregnant, so are deciding to remain in the states for the time being. So the plan is to do AOS for her. My question will there be any major issues if I proceed to do the I-130/I-485 submission for her while she's here on the B1/B2 (Her I-94 expires end of May 2011) or do I need to send my pregnant wife back to China and redo the K-3 filling before doing the I-130/I-485?

Thanks for your input!

Matt

Met 10/13/2009

Visited US on B2 Visa

Married 11/23/2010

US Trip to meet the parents 11/30/2010

Work transfer to HK cancelled

Filed I-130, AOS, I-765 12/17/2010

NOA1 received 12/23/2010

Biometric appt received 12/29/2010

Biometric complete 01/24/2011 (The guard wouldn't even let us do it 30 min early!)

Receive Interview notice for 03/17 on 02/09/2011!

EAD notice on 02/17

Interviewed on 03/17 and Approved!

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Filed: AOS (pnd) Country: Romania
Timeline

I am not an expert by any means, but here is what i think.

I'm not sure if China has some differnt regulations, or restrictions, but here is my opinion.

I am in the same situation. Just married my long time fiancee(us citizen) this year in oct. while on my B2 visa.

I have also researched this subject as i did not want to do anything illegal, and here is the conclusion: You can marry while on you tourist visa, however you might have to prove at the interview that she did not come into us with the intent of getting married-that is considered visa fraud, and has some preety bad repercussions.

But from your story it sounds like it wasn't something premeditated, so you should be fine. If her I-94 allows her to stay legally in us till may you should apply for AOS(adjustment os status) this way she can get her a green card.

The most "leggal"if may say would be to do the K3 visa, but since she is already here, and it is not illegal to do it this way-through B2 visa- then why not??

In regards to the process of AOS, we can giude you through, and it will be a lot easier than to do it on your own.

This web site is the best for immigration issues, and people here are amazingly helpful.

Good luck and let us know!

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Filed: Citizen (apr) Country: China
Timeline

Thank you for your helpful response! I just want to clarify we did not get married while she was here on her B1/B2, we were married awhile back in China and my original goal was to just move back there and deal with the I-130 when we decide to move back to the US which will hopefully have been 2 years after our marriage date.

Matt

Met 10/13/2009

Visited US on B2 Visa

Married 11/23/2010

US Trip to meet the parents 11/30/2010

Work transfer to HK cancelled

Filed I-130, AOS, I-765 12/17/2010

NOA1 received 12/23/2010

Biometric appt received 12/29/2010

Biometric complete 01/24/2011 (The guard wouldn't even let us do it 30 min early!)

Receive Interview notice for 03/17 on 02/09/2011!

EAD notice on 02/17

Interviewed on 03/17 and Approved!

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Filed: AOS (pnd) Country: Romania
Timeline

I believe you can start the AOS process even if you guys married outside US. But you will still have to prove that when she entered US she did not have the intent to adjust status. I am not 100% sure, but i'm preety sure you can do it. let's wait for some more experienced Fellow VJ's to share their opinion.

If you married inside US outside US bottom line is -she is the wife of a US citizen, so she should be allowed to adjust status- especially that she did not have the intention to do that when she entered US.

What you also can do is research in your city immigration lawyers, some of them do free consultation, and believe it or not they gave me a lot of information, that was very helpfull, and it was FREE. She did not try to get us to hire her or anything like that.

But don't worry there will be a lot of people that will help you here at visa journey.

Good luck!

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Filed: K-1 Visa Country: Vietnam
Timeline

I believe you can start the AOS process even if you guys married outside US. But you will still have to prove that when she entered US she did not have the intent to adjust status. I am not 100% sure, but i'm preety sure you can do it. let's wait for some more experienced Fellow VJ's to share their opinion.

If you married inside US outside US bottom line is -she is the wife of a US citizen, so she should be allowed to adjust status- especially that she did not have the intention to do that when she entered US.

What you also can do is research in your city immigration lawyers, some of them do free consultation, and believe it or not they gave me a lot of information, that was very helpfull, and it was FREE. She did not try to get us to hire her or anything like that.

But don't worry there will be a lot of people that will help you here at visa journey.

Good luck!

No, you won't have to prove your foreign spouse didn't intend to immigrate when she entered. It's actually the other way around. The immigration officer would need evidence that your foreign spouse did intend to immigrate when they entered. Even then, they couldn't deny the AOS because of the preconceived intent. They would further need proof that your foreign spouse lied about their intent to an immigration officer. The two combined - evidence of preconceived intent and evidence of misrepresentation - would be sufficient to deny the AOS.

They may ask about your intentions at the interview, since an admission of guilt is as good as concrete evidence. The OP has a reasonable explanation for this. His circumstances changed after his wife arrived, so their plans changed accordingly.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: AOS (pnd) Country: Romania
Timeline

No, you won't have to prove your foreign spouse didn't intend to immigrate when she entered. It's actually the other way around. The immigration officer would need evidence that your foreign spouse did intend to immigrate when they entered. Even then, they couldn't deny the AOS because of the preconceived intent. They would further need proof that your foreign spouse lied about their intent to an immigration officer. The two combined - evidence of preconceived intent and evidence of misrepresentation - would be sufficient to deny the AOS.

They may ask about your intentions at the interview, since an admission of guilt is as good as concrete evidence. The OP has a reasonable explanation for this. His circumstances changed after his wife arrived, so their plans changed accordingly.

I am confused. So is it legal for them to apply for AOS? She came on a tourist visa, and did not have the intent of immigrating at the time of entry. also the customs might not have asked if she is married to a usc, so just because she did not mention that doesn't mean she lied. You can still be married and visit you husband, right? Then things chganged and decided to apply for aos. Can they not do that?

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Filed: Other Timeline

Under the circumstances you described, it's perfectly fine to adjust status (within the US).

To clarify this in very simple terms:

It's only not legal to file for AOS if the beneficiary arrived with the INTENT to adjust status from a non-immigrant visa (such as a B2), but even if INTENT existed is this INTENT alone (based on the adjudicators' guide) not a sufficient reason for an Immigration Officer to deny the AOS petition.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: K-1 Visa Country: Wales
Timeline

I agree, Adjust.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: France
Timeline

yes adjust in the us!

7/28/04 we met

10/ /06 started dating long distance, not fun

7/15/08 we gave birth to a beautiful baby boy

11/11/10 we got married in amazing Santa Barbara

11/17/10 mailed I 130, I 131, AP and EAD

11/25/10 package received

12/06/10 checks cashed

12/08/10 Email/ text

12/11/10 NOA hard copies in the mail

01/ /11 biometrics walk in successful in Oxnard

02/07/11 EAD in production, AP post decision activity

02/11/11 AP in hand

02/14/11 EAD in the mail!!!!!!!

02/17/11 EAD in hand + applied for SSN

04/13/11 Interview and Approval letter, card in production!!!

Thank you visa journey!

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Filed: Citizen (apr) Country: China
Timeline

It sounds like immigrations was NOT your intent when entering the USA, however you may need to prove that, I would have information handy about the job falling through.

AOS from a visitors visa can be tricky if USCIS suspects that the B-Visa was used with the intent to immigrate.

K-3 is no longer an option, CR-1 or IR-1 is. SEE: http://candleforlove.com/forums/index.php?showtopic=40925

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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