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B2 to AOS to K-1 to AOS? (merged)

By WindowLove in Adjustment of Status from Work, Student, & Tourist Visas

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WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
Posted (edited)

Hi,

I spoke with someone who has had over 20 years in immigration and visa. He suggested that I get a B2 visa for the USA and then file AOS... I really don't want to screw this up, so what do you guys think the best procedure to go through with this? Should we just get a K-1 visa? He suggested I get a B2 visa because I plan on staying here for a couple of months, at least until the end of December.

Situation:

I'm from Canada, fiance is from USA. We have been together for 4 years, we have ample proof, travel history so on and so forth...

Edited by WindowLove
Girl from Celebes Experienced

Girl from Celebes   588

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted (edited)

Hi,

I spoke with someone who has had over 20 years in immigration and visa. He suggested that I get a B2 visa for the USA and then file AOS... I really don't want to screw this up, so what do you guys think the best procedure to go through with this? Should we just get a K-1 visa? He suggested I get a B2 visa because I plan on staying here for a couple of months, at least until the end of December.

Situation:

I'm from Canada, fiance is from USA. We have been together for 4 years, we have ample proof, travel history so on and so forth...

If you are intend to come to the US with a tourist visa, get married, and then file I-485, this is consider as a fraud. I believe many people knew that but still doing it because the immigration laws allowed it.

Edited by Girl from Celebes

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

Hi,



I spoke with someone who has had over 20 years in immigration and visa. He suggested that I get a B2 visa for the USA and then file AOS... I really don't want to screw this up, so what do you guys think the best procedure to go through with this? Should we just get a K-1 visa? He suggested I get a B2 visa because I plan on staying here for a couple of months, at least until the end of December.



Situation:


I'm from Canada, fiance is from USA. We have been together for 4 years, we have ample proof, travel history so on and so forth...


canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

First of all, Canadians are not issued B visas generally - unless it is a special circumstance.

Secondly to plan on using a non-immigrant visa, such as entering as a tourist in this situation, with the intention of immigrating is visa fraud. If you don't want to screw this up, file for the K-1

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Boiler Grand Master

Boiler   45,658

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Hi,

I spoke with someone who has had over 20 years in immigration and visa. He suggested that I get a B2 visa for the USA and then file AOS... I really don't want to screw this up, so what do you guys think the best procedure to go through with this? Should we just get a K-1 visa? He suggested I get a B2 visa because I plan on staying here for a couple of months, at least until the end of December.

Situation:

I'm from Canada, fiance is from USA. We have been together for 4 years, we have ample proof, travel history so on and so forth...

You show F1 so you are here on a Student Visa? If so you can just get married, file and adjust.

If you are here on another Visa or entered visa free as Canadians can do to visit, just file and adjust.

B2 makes not a lot of sense for Canadians, very unusual for a Canadian to need one.

K1 would be if you are living in Canada and want to do it the proper way sic to marry in the US, File and 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.”

uncrustables Explorer

uncrustables   7

Posted
Filed: Citizen (apr) Country: France
 Timeline
Posted

getting a B2 visa in order to do AOS would be considered visa fraud.

 

Spoiler

 

AOS:

July 3, 2014: Mailed AOS, EAD & AP forms via USPS

Jan 20, 2015: Interview - approved

Jan 30, 2015: GC received.

 

ROC:

Nov 5, 2016: Mailed I-751 & documents

Dec 9, 2016: Biometrics appointment

 

N400:

Oct 23, 2017: Filed N400 Online (90day window)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

Disregard what my profile says because I haven't updated it since last year.

Ok, yeah, cause we were initially going to file for K-1, but he said that if you guys are truly in love and that there is no fraud between you two, there shouldn't be a problem >.>...

Well, "intent" - they wouldn't really know that right? Let's say that I decided that I just wanted to visit USA and then after some time decided that I love everything about the USA, and that I want to be with my fiance in the States, "all of a sudden" we decided to get married and just file for AOS.

Bad idea?

WindowLove Explorer

WindowLove   1

Posted
Filed: Country: Canada
 Timeline
  • Author
Posted

Also, I know Canadians don't need a B2 visa or a visa in general to visit. But when I crossed the border in June, they gave me a B2 because I was taking it for a roadtrip around the states and it was with my fiance. So they assumed that I would be staying here forever, so they used it as a precaution... And now, I believe they have something on my passport file so I just want to make sure I am able to get across the border again without any troubles...

canadian_wife Grand Master

canadian_wife   1,823

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Yes. Bad idea

There is still intent there. If you don't want to face a potential lifetime ban for visa fraud then do it the proper way.

You are not going to get advice on this forum to break immigration laws. Sorry

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Your someone is soliciting immigration fraud.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Uh, whoever you spoke to was an idiot. 1. Canadians already can visit under the terms of a B2 without applying for it. 2. He was suggesting immigration fraud, but in an extra dumb way.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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