Specific question regarding B1/B2 visa to AOS

[Azhar 0]

Hi All,

I'm posting this on behalf of my cousin. She recently got married to someone who is on B1/B2 visa and his visa expires mid-December, 2011. After doing some research they have decided to apply for AOS instead of going the K-3 route. However, the confusion is that if they apply for AOS say within this week, does that automatically give him the right to stay legally beyond mid-December or does he need to file something else to be able to stay?

He does not want to violate his status by overstaying but our confusion is that there is not enough time to get an acceptance of AOS application before his visitor visa expires (it probably take months) and we are not sure if he stayed beyond mid-december while AOS application is pending, his stay will be legal. Please advise.

Thanks!

[TimeTravel 78]

Since he is on B1/B2 ( Tourist/Business Visa ), and it makes an agreement with this category visa that he does intend to return to his home country.

So I will suggest, avoid this AOS process, but follow the right process CR-1.

Hope it helps.

[ceadsearc 516]

If he didn't intend to stay when he came he can file AOS. He does not need to return home and file for a K-3 or CR-1. Once he submits his AOS and gets his NOA1 (receipt) he will enter a new period of authorized stay while his application is pending. At that point he can't leave the country until he gets AP.

I suggest he get everything together to file ASAP as he will need a medical exam with a civil surgeon first and that can take time.

[Azhar 0]

Thanks for your reply and generally speaking I agree with what you are saying. However, if applying for AOS while on B1/B2 is perfectly legal and allowed by USCIS then why not? So the question isn't really if to apply for AOS or not but whether if he applies for AOS can he automatically stay beyond mid-December when his visitor visa expires.

[ceadsearc 516]

Meant to add - the receipt will only take weeks. The approval of the green card itself is what will take months.

[Azhar 0]

If he didn't intend to stay when he came he can file AOS. He does not need to return home and file for a K-3 or CR-1. Once he submits his AOS and gets his NOA1 (receipt) he will enter a new period of authorized stay while his application is pending. At that point he can't leave the country until he gets AP.

I suggest he get everything together to file ASAP as he will need a medical exam with a civil surgeon first and that can take time.

Thanks. What is CR-1? Is it another term for AOS? Also, could you please explain what you mean by "AP"? Sorry, I'm a little fuzzy on immigration related acronyms..it's been a while, you know

[ceadsearc 516]

A CR-1 is a spousal visa. It's a better option than the K-3 when filing from abroad since it is cheaper and allows the immigrant to enter the country as a permanent resident.

AP is advanced parole. It is a document that can be filed for free concurrently with AOS that, once approved, will allow the immigrant to leave the country while their AOS is pending. Approval of AP takes about 2 months.

[Azhar 0]

Thanks again! I appreciate your time and reply. So I guess the receipt of filing itself will grant him stay beyond his visa expiration date.

[hikergirl 277]

Best of luck.

*edited because someone else ended up answering faster

Edited November 15, 2011 by hikergirl

[Krikit 1,163]

Moving from Family-Based AOS to AOS from Other Visa.

[MalaysianGirl 26]

Thanks for your reply and generally speaking I agree with what you are saying. However, if applying for AOS while on B1/B2 is perfectly legal and allowed by USCIS then why not? So the question isn't really if to apply for AOS or not but whether if he applies for AOS can he automatically stay beyond mid-December when his visitor visa expires.

I'm answering your question in a general sense, and not exactly pertaining to your cousin's case: doing AOS while on B1/B2 visa is not perfectly legal whatsoever. That visa is strictly for business or visitation purposes only. But if the person with the visa is already in the US and marries a US citizen while there, the person can do AOS. It is the intent to stay in the US, while applying for that visa, that makes it illegal.

[NancyNguyen 1,657]

In addition, if your petition will be denied, there will be no chance to appeal.

[ceadsearc 516]

That is only true for VWP. Someone adjusting from a B2 would get an appeal.