Possible AOS from B2?

[Journeyer 17]

Here is my point. The fact that she before was given 6 months to stay in USA it is a normal procedure from immigrations. Now, a VISITOR visa is self explained, how will a visitor stay for 4 months ???? go back and then come back in three months for another 4 months ??? if you calculate that she spent more time in USA than Brazil. The best thing to do is do things right. Go back to brazil and get married there, come back and file for her petition. We all want to be with our love ones, do not risk the opportunity to have her here a syour wife for ever and do things right.

That's all good, except, we are going to get married her, she is already here. Then we can file for the petition and she will go back to Brazil to wait. I don't see any reason to make an expensive trip to Brazil just to get married. Plus, it is not nearly as easy there to get married as it is here.

Did immigration happen to make any notes in her passport ? If they really suspected that she wanted to immigrate they may have noted her passport with something like no AOS .

There is nothing written in her passport, only the entry stamp as always. They put the Jan 14 date on her I-94 card, but that is it.

[Journeyer 17]

Can you not call customs for an extension of the visa? I know for fact that you can call or go to customs and extend. Can you GF remember the questions the customs agent asked her?

My feeling is that if he made such a big stink upon her entry in US, chances are he probably wrotte something in his magic computer-maybe something about her intent or something. Try to call and get her extended, since it is not recomended to marry on the tourist visa on the first 3 months.

If i were you i would try to find a imigration lawyer and see what they say(some even give free consultation-my free consult was helpfull)as well. If they agree to help you,maybe you can do this without having her leave the country (they are not as expensive as one would think($700-in virginia). The reason why I say this, is because they see so many cases everyday that chances are they already helped someone with the same exact issue.

If you have money, and are willing to separate for a while you can do the K1 visa-but also keep in mind that can take a while too...

People adjust status all the time, and if you think you are the only complicated case that is planing on doing this think again! There are people with long overstays, and all sorts of problems and they were able to adjust status. There will always be a risk in anything you do, even when you cross the street there is a risk that you might get hit by a car...

As you can see the opinions from our fellow vj's are so different, that makes you confused as of what should you do. Talk to a lawyer, that will shed some light on your ideeas as what can you do and can not do.

I wish you all the luck, and let us know what did you decided to do!

Thanks

Actually, we are planning on seeing a lawyer asap, because we are confused at this point. We will ask the lawyer about trying to extend and see what he/she says. I thought probably no since the IO threatened that if she stays past the one month, they will take away the B2, . But we can at least ask. What part of Virginia are you in? $700 would be pretty cheap I think for the entire process. I am in MD, so northern Virginia would probably work for us if you know a good immigration lawyer you could recommend. Unless we have to get one in our state.

Edited December 17, 2010 by Journeyer

[Journeyer 17]

These are reasons why she was suspected as wanting to live here...

Good luck!!

Thanks.

Oh, I know. I completely understand. There was never any intention on her part to do so, but I understand why they suspect it.

[Journeyer 17]

All of the posters on here who keep saying to go to Brazil to get married should use caution in their use of this forum because they are new members who seem to lack any knowledge of the immigration process. If you are both legally able to marry, the location and time doesn't matter, only the action taken to apply for immigration benefits. Any part of the process that require loved ones to be separated is painful, however, emotional responses without fact-based foundation WILL only bring our members more mental anguish or possible troubles. Please refrain from these types of comments just so that you can have a comment.

Thanks so much for that. I know that is not a factor, but I appreciate the confirmation. It is a slow and painful process to get all the documents processed and approved and get married in Brazil. My fiancee laughed when I suggested it. We can get a marriage license here and get married the same day just a couple states away, a short 7-8 hour drive for us.

[juliava 80]

Journeyer - here is my 2 cents for you:

In your fiancee's case I don't think applying for a B-2 extension is a good idea.

First, you need to provide a very good reason to get that extension approved and I don't see what reason would that be. It would simply not stand up.

Second, as you stated she has been visiting you several times, and lately she has spent more time in US than in her home country. Third, last time she had trouble at the POE ans she got approved for only 1 month.

Looking at all these 3 together, the chances of an extension approval are zero. Forget about it and don't waste your time and money for this.

Check with the lawyer if you may or may not be eligible to file for AOS from here, based on the fact that your fiancee was questioned at POE. Did she sign any kind of forms?Have her remember all the questions being asked by the IO.

Remember, CR-1 route is crystal clear, safe and will always be an option for you.

[ceadsearc 515]

Thanks

Actually, we are planning on seeing a lawyer asap, because we are confused at this point. We will ask the lawyer about trying to extend and see what he/she says. I thought probably no since the IO threatened that if she stays past the one month, they will take away the B2, . But we can at least ask. What part of Virginia are you in? $700 would be pretty cheap I think for the entire process. I am in MD, so northern Virginia would probably work for us if you know a good immigration lawyer you could recommend. Unless we have to get one in our state.

We are in NoVa and have been pleased with our lawyer so far. He has also successfully helped a friend of ours adjust (was recommended to us by her). He does free consultations and is based out of Falls Church - send me a message if you'd like his contact.

[Journeyer 17]

Journeyer - here is my 2 cents for you:

In your fiancee's case I don't think applying for a B-2 extension is a good idea.

First, you need to provide a very good reason to get that extension approved and I don't see what reason would that be. It would simply not stand up.

Second, as you stated she has been visiting you several times, and lately she has spent more time in US than in her home country. Third, last time she had trouble at the POE ans she got approved for only 1 month.

Looking at all these 3 together, the chances of an extension approval are zero. Forget about it and don't waste your time and money for this.

Check with the lawyer if you may or may not be eligible to file for AOS from here, based on the fact that your fiancee was questioned at POE. Did she sign any kind of forms?Have her remember all the questions being asked by the IO.

Remember, CR-1 route is crystal clear, safe and will always be an option for you.

Sad to hear that there is no chance of extension. There is reasons, for one changing the ticket from Apr. 5 to Jan 15 is expensive. The only other reason is personal(we want to spend more time together)

[silvana.toma 15]

Hey,

I'm in Richmond ,VA and i don't know anyone up north....sorry:( But do some research on the internet, the lawyer we went to she seemed super knowledgeble, and the consultation was free...i'm sure you will find lawyers that will do free consultations in Md as well.

here is the thing I don't understand why the customs got so agitated -when people visit USA ..there could be many reasons -maybe you have lots of money and you would like to spend it visiting usa, maybe you have a boyfriend and you are visting him more often that normal because you want to see where the relationship takes you... Beeing a tourist means you spend money in the country- that should be looked at as a good thing. Should't they worry more about all the illegal aliens that work here forever without paying a dime in taxes???

I highly recomend talking to a lawyer before you make any decisions. They know all the ins and outs. And then if they say don't do it ...then you sacrifice and do it the pain in the #### way...

You know...if they are so strict and give people such grief for using a legal visa that they issued in the first place ...why is US filled with ilegal aliens??

I hope you can figure out soon the best way for you and your gf to stay together without any issues or headache. Stop wasting time and talk to a lawyer.Best of luck to you!

[Journeyer 17]

Being a tourist means you spend money in the country- that should be looked at as a good thing. Should't they worry more about all the illegal aliens that work here forever without paying a dime in taxes???

These are exactly the type of questions that my fiancee and I sit up at night and ponder, asking each other these things over and over. Every time she comes here she buys lots of stuff for herself and her family to take back, because small electronics, clothing, etc. here are much cheaper than in Brazil even when you get hit with extra fees on them when re-entering Brazil. And that is not counting the times her family has came here and visited us and spent LOTS of money, plus all of the money she has spent on things for our house here. All of these things stimulate the economy and are done legally. Yet, my fiancee gets interrogated and harassed by immigration while here on a valid B2 visa. While here in MD, there are literally thousands of illegals driving, using fake SS cards, working, doing whatever, and no one bothers them at all. It is a very sad state of affairs.

Anyways, we are moving forward. We will be married within the next 3 days and will be seeing a lawyer asap for consultation. We are literally broken hearted that she can only stay a month and that the separation is so long for CR-1, but sounds like we do not have any alternatives.

[Boiler 43,429]

I have a feeling you may be pleasantly surprised after your meeting with the Lawyer.

[ATPEACE 43]

These are exactly the type of questions that my fiancee and I sit up at night and ponder, asking each other these things over and over. Every time she comes here she buys lots of stuff for herself and her family to take back, because small electronics, clothing, etc. here are much cheaper than in Brazil even when you get hit with extra fees on them when re-entering Brazil. And that is not counting the times her family has came here and visited us and spent LOTS of money, plus all of the money she has spent on things for our house here. All of these things stimulate the economy and are done legally. Yet, my fiancee gets interrogated and harassed by immigration while here on a valid B2 visa. While here in MD, there are literally thousands of illegals driving, using fake SS cards, working, doing whatever, and no one bothers them at all. It is a very sad state of affairs.

Anyways, we are moving forward. We will be married within the next 3 days and will be seeing a lawyer asap for consultation. We are literally broken hearted that she can only stay a month and that the separation is so long for CR-1, but sounds like we do not have any alternatives.

Those same ppl that you are calling illegal may have come into the US using a B2 visitor, but have never left to go home. Why don't we just call them guest who have just over stayed their welcome. Note; someone who has been given a visitor visa but have choosen to overstay their visa, is just as quilty as those who cross into the US without a visa. BTW, the Over staye quest (illegals) spend money as well.

[Journeyer 17]

I have a feeling you may be pleasantly surprised after your meeting with the Lawyer.

Thanks.

Just noticed that your 'country of origin' is Wales. All of my ancestors on my fathers side, my family name, are from Wales. I hope what you say about pleasant surprises is true, we are keeping a good attitude.

[Boiler 43,429]

Let us know what happens!

[ceadsearc 515]

Those same ppl that you are calling illegal may have come into the US using a B2 visitor, but have never left to go home. Why don't we just call them guest who have just over stayed their welcome. Note; someone who has been given a visitor visa but have choosen to overstay their visa, is just as quilty as those who cross into the US without a visa. BTW, the Over staye quest (illegals) spend money as well.

Did you read the whole thread? OP is talking about his wife as compared to people who are here illegally (regardless of how, he didn't say overstayed vs. EWI). His wife is NOT an overstay and has been using her B2 legally the past couple of years, so I'm really not sure what the point of your post was.

[ATPEACE 43]

Did you read the whole thread? OP is talking about his wife as compared to people who are here illegally (regardless of how, he didn't say overstayed vs. EWI). His wife is NOT an overstay and has been using her B2 legally the past couple of years, so I'm really not sure what the point of your post was.

This is for ceadsearc

Maybe you need to read the entire post and the previuous post to get the point. I am sick of ppl who wants to tell me that they don't see the point of a post. Then you don't understand immigration, nor history. WHY must it always be the us vs them mentality that some people has. How do you or anyone on this board know if someone is illegal, unless they themselves tell you. I don't see anyone here in Maryland driving around with signs up that says I am illegal.