Possible AOS from B2?

[Journeyer 17]

Hi,

This is kind of a cross post so I apologize for that in advance. I had been posting over at the K-1 forum because that was my original intention, but things have changed a lot since then. What I am wondering is if it is possible to change status for my fiancee if we get married now. She is here on a B2 but ran into problems this time with a very rude and cross immigration officer that has only given her one month for this stay. Here is some details that I posted in the K-1 forum, but I am not getting replies. Maybe it is off topic.

My fiancee just made it back from Brazil, after several things came up causing her to delay getting here. So, she is back, that is great. But unfortunately she ran into a really mean immigration officer in Miami. She was very shaken up by the incident, the guy was a real rude. He insisted on saying she lives here. She tried politely telling him that she does not live here and tried talking about her ties in Brazil, which are very real, and that she was returning in April, which is also true regardless of whether we would have got married or not. So then he starts yelling at her and saying he is sending her back to Brazil immediately. I guess after arguing with this guy for a while, he finally told her she could enter, but only for a month or he will take away her tourist visa, and to not return here again quickly or he will deport her. I was really baffled by that last statement because how can you deport someone if you don't let them enter? Maybe he was talking about a ban. At that point she was so upset, she got a little confused I think. Anyways, she has never overstayed so I am not sure what the deal is. It only seems to be that she comes here so often. What is illegal about that?

At this point I just wish we would not have procrastinated so long. We had planned on getting married Nov. 17, but she was unable to return in time for that, so we just thought we would do it sometimes between now and April and start the CR-1 process. Well now, we only have a month, and we really cannot bear the thought of being away from each other for a long time.

Anyways, I need quick advice, please if anyone can help. I think I will consult a lawyer in the next couple of days but would really, really appreciate any advice from the knowledgeable here. We are going to get married within the next couple of weeks, since we only have a month. I am not sure what to do. I have been reading some posts here, but we are really scared. She is afraid to leave and afraid to stay both at the same time, and I share those sentiments. I don't know if it is best to just have her remain here after we are married and attempt status change(I am a US citizen), or let her go back and start the CR-1. I am not sure what effect the incident with immigration has on all of this. She has never overstayed and yet this officer in Miami insists on telling her to stay only a month and not to come back quickly(whatever that means), she had been in Brazil for nearly 4 months before coming back this time.

[YuAndDan 153]

Entering he USA with intent to immigrate on a visitors visa is visa fraud. DON'T DO IT!!

If immigrations suspects visa abuse, they CAN and DO deny AOS resulting in deportation and possible bar on future re-entry.

DO THE RIGHT THING, file the I-129F for a K-1 visa. What you are talking about is MIS-Use of a visitor visa with intent of immigrations, this is visa fraud. This is what the K-1 is for, if B-2 visas were intended for this use, there would be no need for K-1 visas.

[Deputy Purple 1,294]

She didn't have intent at POE but it sounds like they suspected it. She needs to remember every question she was asked and how she answered. If she said something that can't be refuted in an AOS interview that could cause her problems.

[Journeyer 17]

Entering he USA with intent to immigrate on a visitors visa is visa fraud. DON'T DO IT!!

If immigrations suspects visa abuse, they CAN and DO deny AOS resulting in deportation and possible bar on future re-entry.

DO THE RIGHT THING, file the I-129F for a K-1 visa. What you are talking about is MIS-Use of a visitor visa with intent of immigrations, this is visa fraud. This is what the K-1 is for, if B-2 visas were intended for this use, there would be no need for K-1 visas.

I am hearing a lot of conflicting information about this. We are still also considering getting married and filing for CR-1. What would be fraudulent about that? I am just wondering whether it is best for her to stay here and attempt AOS, or file the forms for CR-1 after getting married.

[YuAndDan 153]

I am hearing a lot of conflicting information about this. We are still also considering getting married and filing for CR-1. What would be fraudulent about that? I am just wondering whether it is best for her to stay here and attempt AOS, or file the forms for CR-1 after getting married.

Visiting on a B-Visa and spontaneously getting married and filing for a CR-1 is fine as long as beneficiary does not overstay their visitors visa and returns home to interview for spouse visa. However entering the USA on a B-Visa with INTENT to stay and adjust status is NOT. B-Visa is for visiting the USA, it is not for Immigrating.

[Journeyer 17]

She didn't have intent at POE but it sounds like they suspected it. She needs to remember every question she was asked and how she answered. If she said something that can't be refuted in an AOS interview that could cause her problems.

She didn't have intent to stay here and do AOS. Our intent was to get married, file the forms for starting the CR-1 process, and for her to return to Brazil and wait to get her change to immigrant CR-1 status as spouse of US citizen. I don't want to do anything risky, but I hear a lot of people saying that they just stayed here and filed for AOS after marrying a US citizen with no overstays or other issues. This really is a bad deal also for us because making her change her tickets from April 5 to January 14 is a $600 hit. Seems this immigration person has it in for her now, and from what is being said, it is our word against theirs and we can't really win that if they want to persist.

[Boiler 43,401]

She tried politely telling him that she does not live here and tried talking about her ties in Brazil, which are very real

Sounds like that she has to go back?

[Journeyer 17]

I am hearing that can take 8 months or longer. That is the only reason we were thinking of AOS. We have not been apart more than 3 months since we met over 2 years ago. I can go visit her in Brazil but I can only stay a couple weeks at a time because of work. Seems like immigration do not care about things like that, but it was a nice thought to not have to be apart so long.

Sounds like that she has to go back?

I am assuming that when they mark that date on the I-94 form that means staying longer is an overstay. I read here in a couple of posts that an overstay would be forgiven if we were married and filed AOS before she overstayed, but now seems like that is not true. This is very confusing.

[Boiler 43,401]

We have not been apart more than 3 months since we met over 2 years ago

If you have only spent a few weeks in Brazil, did she have some other type of visa?

[xxtinaxx 14]

I am hearing that can take 8 months or longer. That is the only reason we were thinking of AOS. We have not been apart more than 3 months since we met over 2 years ago. I can go visit her in Brazil but I can only stay a couple weeks at a time because of work. Seems like immigration do not care about things like that, but it was a nice thought to not have to be apart so long.

I am assuming that when they mark that date on the I-94 form that means staying longer is an overstay. I read here in a couple of posts that an overstay would be forgiven if we were married and filed AOS before she overstayed, but now seems like that is not true. This is very confusing.

You just could apply for AOS if you guys knew each other here in the usa for the first time and she didn't come back to her country.

But like you said, you guys have been in love with each other for a couple of years and she did come back to her country and now she's back with another visa, not K-1 visa.So obviously you just can file for CR-1 visa so that it wont make a fraud marriage.

[Y&E 12]

Maybe your best course of action would be to travel back to Brazil with her and get married there. Then you could file your CR-1. That negates the idea that she may have entered the US with the intent to get married on a tourist visa.

It seems that they are putting AOS from VWP on hold currently until the law can be clarified and that may also be the case in your situation. Whatever you do you don't want to risk a ban or the need to try and get an elusive hardship waiver.

[ATPEACE 43]

I am hearing that can take 8 months or

longer. That is the only reason we were thinking of AOS. We have not been apart more than 3 months since we met over 2 years ago.

I can go visit her in Brazil but I can only stay a couple weeks at a time because of work. Seems like immigration do not care about things like that, but it was a nice thought to not have to be apart so long.

I am assuming that when they mark that date on the I-94 form that means staying longer is an overstay. I read here in a couple of posts that an overstay would be forgiven if we were married and filed AOS before she overstayed, but now seems like that is not true. This is very confusing.

Base on your post above it seems as if the officer at POE was correct, she was trying to live in the USA on a visitor visa. This is why I wouldn't suggest that you'll try to AOS from a visitor visa you'll can't keep your story straight. .Based on your posted facts"

[Journeyer 17]

If you have only spent a few weeks in Brazil, did she have some other type of visa?

No, she has been coming here on a B2 on and off for a little over 2 years now. They always gave her 6 months before, but now only one. It seems their issue is they are saying she lives here because of how much time she spends here. But her permanent residence is in Brazil, she owns an apartment there that she just remodeled last month, all of her family, bank accounts, income, all of that. But they did not want to hear any of that. They just insisted that she lives here now.

You just could apply for AOS if you guys knew each other here in the usa for the first time and she didn't come back to her country.

But like you said, you guys have been in love with each other for a couple of years and she did come back to her country and now she's back with another visa, not K-1 visa.So obviously you just can file for CR-1 visa so that it wont make a fraud marriage.

She's back with the very same B2 as the first time. It is good until 2018, it is a 10 year visa.

[Journeyer 17]

Maybe your best course of action would be to travel back to Brazil with her and get married there. Then you could file your CR-1. That negates the idea that she may have entered the US with the intent to get married on a tourist visa.

It seems that they are putting AOS from VWP on hold currently until the law can be clarified and that may also be the case in your situation. Whatever you do you don't want to risk a ban or the need to try and get an elusive hardship waiver.

She is not here on a Visa Waiver, it is a valid B2 visa good for another 8 years and she has never overstayed. If we are going CR-1, wouldn't it just be easier for us to marry here since she is here now and start the CR-1 immediately? Just curious.

Base on your post above it seems as if the officer at POE was correct, she was trying to live in the USA on a visitor visa. This is why I wouldn't suggest that you'll try to AOS from a visitor visa you'll can't keep your story straight. .Based on your posted facts"

Understood. Maybe the only option is CR-1.

[Journeyer 17]

She is not here on a Visa Waiver, it is a valid B2 visa good for another 8 years and she has never overstayed. If we are going CR-1, wouldn't it just be easier for us to marry here since she is here now and start the CR-1 immediately? Just curious.

Understood. Maybe the only option is CR-1.

Ok, from what I can gather, the smartest and safest thing for us to do, is marry now, and start down the CR-1 path. We could still do that K-1, but I have been hearing with increasing frequency that the K-1 is much more costly, cumbersome, and really not much faster than CR-1 these days? Also, considering the fact that she is already here legally.