IR-1 FILING On BENEFICIARY WITH B1 VISA

[addy&julie 3]

Please I need advice on the best way to immigrate. I am a Nigerian, I came to the US on a B1/B2 Visa, I met my a beautiful american woman during my stay here and we love each other and want to spend the rest of my life with her and her wonderful kids. I've been following threads on this website and got conflicting ideas. I currently live with her and am in the US, my B1/B2 Visa expires june 2016. I want to know if the best route is to have her file form I-130 while I remain here until the whole process and would like to know the disadvantages or advantages. Your advice will be greatly appreciated! Oh I read something on visa fraud we are yet to get married I want to know our options.

[NigeriaorBust 4,087]

^{Your visa must be multi entry and you were given a length of stay 6 months or less when you arrived. If you have overstayed that then you are out of status. Is your wife a USC or otherwise. Being from a high fraud country you may have issues adjusting in states ( only possible IF your spouse is a USC and you didn't plan to stay when you entered ) The safer route is to leave before your permitted stay ends and file and CR1 , you can visit during the process as long as you don't overstay.}

[Ryan H 3,791]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[UnaMexicana 153]

Visa expires June 2016.. that does not mean you are allowed to tay until then. What was the date stamped on your I94? Are you already out of status/overstayed? You are yet to marry... correct?

Please explain in more detail so we can better understand your situation.

In any case, I would not advise to leave the country without consulting an immigration lawyer first.

Best,

UnaMexicana

[addy&julie 3]

^{Your visa must be multi entry and you were given a length of stay 6 months or less when you arrived. If you have overstayed that then you are out of status. Is your wife a USC or otherwise. Being from a high fraud country you may have issues adjusting in states ( only possible IF your spouse is a USC and you didn't plan to stay when you entered ) The safer route is to leave before your permitted stay ends and file and CR1 , you can visit during the process as long as you don't overstay.}

Well its a multiple entry visa and yes she is a usc by birth. I confused on what you mean am from a high fraud country. My date of entry was june 27th and there's another date of december 28th. I'm unsure what the second date means.

Edited August 28, 2014 by Ryan H

[addy&julie 3]

Visa expires June 2016.. that does not mean you are allowed to tay until then. What was the date stamped on your I94? Are you already out of status/overstayed? You are yet to marry... correct?

Please explain in more detail so we can better understand your situation.

In any case, I would not advise to leave the country without consulting an immigration lawyer first.

Best,

UnaMexicana

I mean my B1/B2 Visa expires june 2016. I entered the us june 27th and I think the other date december 28th is the 6months duration. So I guess am still in status. Now I'm a little scared because most people say it will be regarded as fraud if we get married and then file. I wish I can go back and file but my wife doesn't want me to leave her side so we plan on sticking to this route and also look for an immigration lawyer to advice us before we procees. Anyone know any good immigration lawyer?

I mean my B1/B2 Visa expires june 2016. I entered the us june 27th and I think the other date december 28th is the 6months duration. So I guess am still in status. Now I'm a little scared because most people say it will be regarded as fraud if we get married and then file. I wish I can go back and file but my wife doesn't want me to leave her side so we plan on sticking to this route and also look for an immigration lawyer to advice us before we procees. Anyone know any good immigration lawyer?

Edited August 28, 2014 by Ryan H

[Harpa Timsah 13,258]

You arrived at the end of June and in that 2 months you met a women and have already decided to get married? How fortunate for you.

[addy&julie 3]

Fortunate? Am really confused! A lot has happened in the last 2 months, she was a victim of an abusive man who put her and their 3 daughters through some tough situation and when I met her we became really close. I appreciated her openness towards me because ever since I got here I have been subject to my share of discrimination because of where I'm from. She feels safe once more and feel so scared to let me go.

[ValerieA 350]

To adjust status in the US, you first need to get married, and then follow the guide http://www.visajourney.com/content/i130guide2

Note that, assuming you go this route, you can not leave the US until you have either your Advance Parole (about 3 months after filing) or your green card (3-5 months after filing). You will need to prove to USCIS that it is a bonafide marriage, using joint bank accounts and the like ("financial comingling").

[UnaMexicana 153]

Fortunate? Am really confused! A lot has happened in the last 2 months, she was a victim of an abusive man who put her and their 3 daughters through some tough situation and when I met her we became really close. I appreciated her openness towards me because ever since I got here I have been subject to my share of discrimination because of where I'm from. She feels safe once more and feel so scared to let me go.

Coming from a high fraud country I can relate to your situation. The best route I can advice is for you to go back to your country and then file for K1 if you are not married, or CR1 if you already are.

I could have done what you are trying to accomplish because I am married to a USC and had a B1/B2 BCC visa. The reason why we did not do it is because we would not want to jeopardize the chance to be together and have a future over there by doing something that is fraud, plain and simple.

I am not accusing you of anything, but please think carefully and weigh your options. Being truthful and honest and doing things the right way might take longer, but then it also helps your peace of mind.

I wish you luck in any decision you make. Please keep us posted as we learn a lot from each other's experiences.

Best,

UnaMexicana

[ValerieA 350]

I could have done what you are trying to accomplish because I am married to a USC and had a B1/B2 BCC visa. The reason why we did not do it is because we would not want to jeopardize the chance to be together and have a future over there by doing something that is fraud, plain and simple.

It absolutely is not fraud to adjust status from a B2 visa, or they wouldn't let anyone do it...

OP, you do have some red flags in your case. Ignore everyone implying/flat out saying you are trying to commit fraud, but do take into consideration that USCIS may see some things as flags that you are simply married to gain an immigration benefit. You will need more proof of a bonafide relationship, and may end up having a more difficult interview.

[addy&julie 3]

Thanks guys for your response. I hope I make the right choice.

[christeen 966]

Other than the red flag of your super fast progression of your relationship (entry on B1/2, meet woman, move in with woman and marry all within 2 months ) you need to think if there other red flags in your relationship (prior K1 petitions, large age gaps, not meeting families, co-mingling of assets lives etc...) if not, then you can file for AOS after marriage... Follow the guides for that process so you know what the risks and pros and cons of this is...

[UnaMexicana 153]

I am not implying OP is attempting to commit fraud. I was stating that in my case it would have been because the sole intent of entering on my B2 would be to stay and adjust my status without suffering the physical separation from my husband in the process.

OP, you are entering as a tourist and then meeting someone, getting married and attempting to adjust status... all in record time. Thread carefully, I strongly advice you to contact a lawyer.

Wish you luck in your decision.

Best,

UnaMexicana

[addy&julie 3]

Thanks I am going to contact an immigration lawyer asap! Am sure there's someone who must have handled a similar case and yes if its total fraud then adjustment of status should never be permitted on B2 visas. Thanks everyone