Is AOS from B1/2 reasonable in this case?

[berber_wife 90]

My husband obtained a B1/2 visa in early 2010. We met in September 2011 and started dating. In late 2012, he visited me on his visa for two and a half months. Then he returned to Morocco and we continued the LDR.

We had talked in the past about which one of us would move and if he moved here, what visa path we would take. We were in favor of getting married in the US and filing CR-1, with him returning to Morocco to complete the process.

Late last year, I was diagnosed with breast cancer at the age of 28. He arrived in the US two weeks later to support me. A few days after that, he presented me with an engagement ring and we became officially engaged. We were still planning on him helping me through my treatment, getting married and him returning to Morocco to finish the process. At that point, I thought my treatment would only take a few months to complete and I didn't realize how serious my diagnosis was. But in the following weeks, several things happened. We found out that my treatment would take the better part of the year and my surgery would fall right around the time his I-94 expired (I am having five months of chemo first). And then my mom (who we are currently living with) was also diagnosed with breast cancer.

Now we are newly married and trying to decide what path to take. Obviously, I want him around during my surgery, especially since my oncologist tells me that what they find during surgery will determine my survival odds. And also, if he's not here, the burden of my care would fall on my parents and we want my mom to be able to focus on her own recovery and my dad to focus on her. My husband has been so wonderful to have around and has taken so much stress off of all of us through all of this.

I used to be very against AOS but this situation is not anything that we had ever anticipated. I am a little worried about doing it since we had talked about marriage quite a bit previously and since we knew of my diagnosis before he entered the US (just not the extent of it and my mom's subsequent diagnosis). What do you think our chances of having issues with AOS are?

[Harpa Timsah 13,260]

You can AOS. Best of luck to you.

[Mela17 36]

Very sorry to hear about your situation. I don't see a problem with AOS'ing. I think Harpa is more knowledgeable than I am but I would bet you fall into some type of hardship category. I don't think he entered the US with intent to immigrate so you should be OK.

[goodpoint 6]

I was under the impression that you could AoS from a B Visa for any reason as long as you didnt enter the country with the INTENT to stay? Is that not accurate? I am selfishly asking because I am filing a AoS from a B2 for my wife who came to the US with me on vacation but we are simply staying because we got surprised with a great job offer. Are they going to send her out of the country to file forms (our worst nightmare)?

[Harpa Timsah 13,260]

I was under the impression that you could AoS from a B Visa for any reason as long as you didnt enter the country with the INTENT to stay? Is that not accurate? I am selfishly asking because I am filing a AoS from a B2 for my wife who came to the US with me on vacation but we are simply staying because we got surprised with a great job offer. Are they going to send her out of the country to file forms (our worst nightmare)?

This is correct.

The question is what would change in your circumstances that would cause you to need to change the plans on entry? Both an illness and a new job sound like good reasons.

[goodpoint 6]

Ah understood. Thank you Harpa. I have read a ton of your posts over the past few days and I just want to say I really appreciate the time you take helping everyone out!

[Harpa Timsah 13,260]

Thanks goodpoint, good luck to you.

[christeen 966]

I would AOS as you need the support of him right now... I don't see any issues. Besides, the burden of proof is on the government to prove you entered with the intent to immigrate and AOS cannot be denied solely because of intent. Given your situation I don't foresee an issues.. Good luck and get well.

[berber_wife 90]

Thanks all...I feel a lot of guilt about AOS'ing because he's from a high-fraud country and I don't want to be part of the problem for why other young Moroccan men can't get tourist visas, you know? But our situation is far from the ordinary.

Do you think we should hire a lawyer? The paperwork seems pretty self-explanatory, but I also know him being from Morocco might create additional challenges. There doesn't seem to be many MENA people on this forum who AOS'ed so I don't know what is the norm as far as extra scrutiny.

[Harpa Timsah 13,260]

Thanks all...I feel a lot of guilt about AOS'ing because he's from a high-fraud country and I don't want to be part of the problem for why other young Moroccan men can't get tourist visas, you know? But our situation is far from the ordinary.

Do you think we should hire a lawyer? The paperwork seems pretty self-explanatory, but I also know him being from Morocco might create additional challenges. There doesn't seem to be many MENA people on this forum who AOS'ed so I don't know what is the norm as far as extra scrutiny.

I have seen a few AOS's from Morocco. Because your husband was able to get a tourist visa in the first place, he has passed a certain gauntlet regarding fraud, if that makes sense. He proved at one point that he had a good enough life at home and reasons to return that he could be issued a tourist visa. Therefore he showed that he was not just doing whatever it takes to get to the US, and that he was not a criminal or otherwise inadmissible to the US.

Without knowing more, I can't know if a lawyer is a good idea or not, but I don't think just being from Morocco warrants a lawyer. If you were to fail your first interview, then I suppose you could get a lawyer at that point. Good luck.

Edit: And despite what this board thinks, AOSing based on marriage to a USC is far from the main reason for tourist visa denial back home. This is a marriage-based board, so people see it and it gets them mad, but the real culprit is just mass amounts of people plain overstaying and living/working illegally in the US.

Edited April 11, 2014 by Harpa Timsah