Married abroad.. Filling the i485 and i130 concurrently, Here on b1/b2

[Palmervybz 0]

Okay. I am a US born citizen and my husband is a Jamaican citizen. My husband and I have spent the last 3 years traveling back and forth from US to Jamaica. He has has his 10 year b1/b2 visa that he has been coming and going with. We got married this year in July. He is here again on his b1/b2 visa now. We are planning on filling the i485 and i130. I was wondering if anyone has done this before and if so what else should we do doing along with these forms. Any information you can help me with would be much appreciated. We did not marry here on a visitors visa we married in Jamaica. Also this time his b1/b2 is good until the end of March 2017.

Thanks again!

[A'n'L 735]

http://www.visajourney.com/content/i130guide2

[Ben&Zian 4,397]

Isn't this why it is so difficult for a lot of people to even get B1/B2 visas, and the absolute example of visa fraud?

Edited November 28, 2016 by Ben&Zian

[Harpa Timsah 13,258]

Isn't this why it is so difficult for a lot of people to even get B1/B2 visas, and the absolute example of visa fraud?

No. From the story we can't determine if there was via fraud or not. Most people misunderstand what that means.

[Ben&Zian 4,397]

No. From the story we can't determine if there was via fraud or not. Most people misunderstand what that means.

I have to assume since the OP stated they married in Jamaica in July of 2016... he did not enter the US this time on his B2 and tell immigrations he was here to see his wife.....

Apologize if incorrect; but sounds like it's a rush to get his AOS done before his B2 expires.

[Hypnos 6,576]

Indeed, you are making assumptions.

[Palmervybz 0]

No. Our intention was his to visit and return in January which we have the return flight. He did say he was coming to visit his wife when he came this time. Our original plan was for him to return and then file the i130. However he was offered a job here but he needs proper documentation first so we thought we could file the i485 and he could stay and get a work permit while the paperwork is being filed. We contacted a lawyer here and she said she could do it but wanted 3000 to do the paperwork so I figured we could do it ourselves? Excuse me but I've never done this and don't know much. Like I said we've just been going back and forth the last 3 years prior to the wedding as he has a stable job and owns his own home in Jamaica. But the job offer here made us want to try and speed up the process please don't assume we're trying to scam the system.. Thanks

[Harpa Timsah 13,258]

Follow the guide linked in the first reply and check out the AOS from student, work, tourist visas forum for advice specific to your situation. Good luck.

[TBoneTX 43,059]

Welcome to the forum, and good luck.

[A'n'L 735]

Be aware that he cannot leave the US until you've filed and obtained his advance parole document. This could take up to three months.

Also, if he has his job offer in writing, try to use that to expedite his employment authorization (EAD), which otherwise could also take up to three months.

Edited November 29, 2016 by A'n'L

[Palmervybz 0]

Thanks everyone. Tryiing to figure out everything is beyond confusing perhaps we will have to just not be cheap and hire the attorney to do this so we dont mess anything up.

[Snorlux 58]

Okay. I am a US born citizen and my husband is a Jamaican citizen. My husband and I have spent the last 3 years traveling back and forth from US to Jamaica. He has has his 10 year b1/b2 visa that he has been coming and going with. We got married this year in July. He is here again on his b1/b2 visa now. We are planning on filling the i485 and i130. I was wondering if anyone has done this before and if so what else should we do doing along with these forms. Any information you can help me with would be much appreciated. We did not marry here on a visitors visa we married in Jamaica. Also this time his b1/b2 is good until the end of March 2017.

Thanks again!

Just keep in mind that when your husband entered the US on a B1/B2 visa you stated that your intention was to visit and then leave (you used a tourist visa). If you entered the US with the intention to stay but you used a b1/b2 visa then you are in big trouble. The keyword here is intention.

USCIS doesn't mind you changing your mind while you are here but if they ask you in an interview or anywhere else if you had the intention to stay when you entered the US and you say yes then your husband will 99% be deported and his b1/b2 visa cancelled since this constitutes visa fraud even though you are married.

You shouldn't have any trouble adjusting status and staying when you entered on a b1/b2 as long as you guys changed your mind about staying in the US after you entered

I saw your previous message which says you didn't have the intention for your husband to stay in which case I wouldn't worry at all and you don't even need a lawyer - don't waste your money.

I would only get a lawyer if your husband has any issues that would make him ineligible for permanent residence such as criminal history, overstay on his visa etc.

Good luck!

Edited November 29, 2016 by Snorlux

[Transborderwife 4,666]

Just keep in mind that when your husband entered the US on a B1/B2 visa you stated that your intention was to visit and then leave (you used a tourist visa). If you entered the US with the intention to stay but you used a b1/b2 visa then you are in big trouble. The keyword here is intention.

USCIS doesn't mind you changing your mind while you are here but if they ask you in an interview or anywhere else if you had the intention to stay when you entered the US and you say yes then your husband will 99% be deported and his b1/b2 visa cancelled since this constitutes visa fraud even though you are married.

You shouldn't have any trouble adjusting status and staying when you entered on a b1/b2 as long as you guys changed your mind about staying in the US after you entered

I saw your previous message which says you didn't have the intention for your husband to stay in which case I wouldn't worry at all and you don't even need a lawyer - don't waste your money.

I would only get a lawyer if your husband has any issues that would make him ineligible for permanent residence such as criminal history, overstay on his visa etc.

Good luck!

please don't give bad advice. intent alone is not enough to deny an aos.

[Teddy B 17,251]

Just keep in mind that when your husband entered the US on a B1/B2 visa you stated that your intention was to visit and then leave (you used a tourist visa). If you entered the US with the intention to stay but you used a b1/b2 visa then you are in big trouble. The keyword here is intention.

USCIS doesn't mind you changing your mind while you are here but if they ask you in an interview or anywhere else if you had the intention to stay when you entered the US and you say yes then your husband will 99% be deported and his b1/b2 visa cancelled since this constitutes visa fraud even though you are married.

You shouldn't have any trouble adjusting status and staying when you entered on a b1/b2 as long as you guys changed your mind about staying in the US after you entered

I saw your previous message which says you didn't have the intention for your husband to stay in which case I wouldn't worry at all and you don't even need a lawyer - don't waste your money.

I would only get a lawyer if your husband has any issues that would make him ineligible for permanent residence such as criminal history, overstay on his visa etc.

Good luck!

Once a person is cleared for entry to the US by CBP, intent is no longer in play and will not be an issue for his AOS process. Even if USCIS finds that this person did in fact have preconceived intent to stay and adjust status, intention alone is not reason enough to deny an AOS application. There is case law that settles this issue.

[Hypnos 6,576]

And for anyone interested, those cases are Matter of Cavazos and Matter of Ibrahim.