B1/B2-ADJUSTMENT OF STATUS

[Lizziepeks 12]

I have a dilema,

i am currently in the us with my finance on a b1/b2 visa i have been in the states since thanksgiving and I am still in status till last week in May 2015, we have filled the K1 visa because we believe this is the best and easiest route our problem now is we have been waiting for the approval of our petition almost 6months now no reply yet besides the process has taken a big toll on us and we have only just started!!! I am already in the country and we are ready to get married and move on with our lives....

My question now is would it be a totally bad idea to withdraw our I-129f application and just apply for an adjustment?? i have previously studied in the US and have been in and out of the country a lot even as a visitor i have never overstayed and my relationship is very legit!!! Just really fed up with the process.....

Thanks for the help!!!

[Kastrs 723]

You say you are in status on your visit visa until the end of May. I would hope that very soon you will receive your NOA2. The process moves MUCH faster after that point. In my opinion yes it would be a bad idea to try to withdraw the petition and adjust your status. My reasons for this are, it often not so easy to try to withdraw a petition and can take much longer than you would think. I would worry that having your I129F not withdrawn prior to trying to adjust status would cause additional problems for your AoS application. Additionally, I would think that you might be subject to extra scrutiny. That is just my 2 cents on it. With luck, by the end of May your interview might be scheduled. (I have no idea how long it takes for your embassy to schedule interviews, but I am sure the time is a drop in the bucket compared to the time already spent)

Best of luck with whatever path you choose

[ParisNYC 9]

I was told that it is very tricky to move from a B1/B2 to a green card. They will need to know you were not planning on getting married when you entered the country which is hard to prove. And you have filed a fiancé petition? I don't think it will work.

[Teddy B 17,251]

K-1 is for people who are NOT in the US and wish to come here, marry and adjust status. Not sure why you went this route. I also believe you will need to be out of the country in order to follow the proper K-1 procedures. You should have just gotten married and filed to adjust status. If you want to proceed without having to leave the country, then you will need to withdraw the K-1 and follow the guide here after you get married. http://www.visajourney.com/content/i130guide2

[Lizziepeks 12]

You say you are in status on your visit visa until the end of May. I would hope that very soon you will receive your NOA2. The process moves MUCH faster after that point. In my opinion yes it would be a bad idea to try to withdraw the petition and adjust your status. My reasons for this are, it often not so easy to try to withdraw a petition and can take much longer than you would think. I would worry that having your I129F not withdrawn prior to trying to adjust status would cause additional problems for your AoS application. Additionally, I would think that you might be subject to extra scrutiny. That is just my 2 cents on it. With luck, by the end of May your interview might be scheduled. (I have no idea how long it takes for your embassy to schedule interviews, but I am sure the time is a drop in the bucket compared to the time already spent)

Best of luck with whatever path you choose

Thanks for the advice

[Lizziepeks 12]

I was told that it is very tricky to move from a B1/B2 to a green card. They will need to know you were not planning on getting married when you entered the country which is hard to prove. And you have filed a fiancé petition? I don't think it will work.

we honestly had no plan of getting married when I came into town as at when we filed I was on an F1 visa but we had no idea I could adjust then so we decided to apply for the K1 and I left the country back to the UK were I am a resident but then we were missing each other and I applied for a visiting visa and got one pending our K1 approval but we never thought the process would take this long

[Lizziepeks 12]

K-1 is for people who are NOT in the US and wish to come here, marry and adjust status. Not sure why you went this route. I also believe you will need to be out of the country in order to follow the proper K-1 procedures. You should have just gotten married and filed to adjust status. If you want to proceed without having to leave the country, then you will need to withdraw the K-1 and follow the guide here after you get married. http://www.visajourney.com/content/i130guide2

back when I was on the F1 visa we had no idea I could adjust and instead went through the K1 route, being out of the country is not an issue we are just honestly ready to get married and move on...

Thanks for the advice

Edited March 20, 2015 by Lizziepeks