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Scoutlee

Married on B2 can I apply for AOS?

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

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Scoutlee Rookie

Scoutlee   0

Posted
Filed: Other Country: South Africa
 Timeline
Posted

Hey all, I hope this is the right place to post my question, my husband and I have been together for 7 years, he is serving time prison, I came out from my home country to visit him on a tourist visa for 6 months, three months into my stay he surprised me by asking me to marry him, we were able to organize the wedding and have now been married for one month.i am coming to an end of my stay here in the US and will have to return home, however we,are looking to rather apply for AOS, as we love each very much and don't want to be apart, his case is on appeal and it would make life easier for both of us to be together while he is fighting his case, flying back and forth is extremely expensive too. His family is willing to sponsor me if that is required. My question is will I be allowed to stay in the US and apply for adjustment of status even though I am in a B2 visa. I thought about the CR1 visa, but that is very expensive especially since it will require plane tickets back and forth and I am concerned there will some discrimination because my husband is in prison and trying to prove a Bona-fide marriage, whereas being here would be easier as I am able to see him every weekend for 5 hours a time and he is able to call 3 times a day.

Any advise would be much appreciated

Thanks everyone

Ben&Zian Experienced

Ben&Zian   4,398

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Since it was a spur of the moment thing with the proposal and marriage I assume you could AOS without leaving.

Main issue I could think of really is where are you planning on living?? With his parents/relatives?

Also how would he fill out the I-864 form for support? Would his parents/relatives willingly co-sponsor you?

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Yes you can stay and apply for Adjustment of Status.

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

Once you get the hang of things, come back and ask specific questions.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You won't be able to work for some months. But if you have enough funds to support yourself then that shouldn't be the issue.

My husband has served prison time and so far we have not had any prejudice or problems with USCIS or NVC about that. There have been posters here who are have successfully immigrated with a spouse in prison.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Scoutlee Rookie

Scoutlee   0

Posted
Filed: Other Country: South Africa
 Timeline
  • Author
Posted

Yes you can stay and apply for Adjustment of Status.

Review this

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

Once you get the hang of things, come back and ask specific questions.

Hi there thanks for your reply, the link is unavailable.

it will be more expensive than a cr1 for the process itself fyi. but by all means stay and adjust

Thank you

You won't be able to work for some months. But if you have enough funds to support yourself then that shouldn't be the issue.

My husband has served prison time and so far we have not had any prejudice or problems with USCIS or NVC about that. There have been posters here who are have successfully immigrated with a spouse in prison.

Many thanks for your reply

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Hi there thanks for your reply, the link is unavailable.

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

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Scoutlee Rookie

Scoutlee   0

Posted
Filed: Other Country: South Africa
 Timeline
  • Author
Posted

Thanks for the link, I am bit concerned now as I see it is concerned fraud to marry with intent to stay on a tourist visa, but out was not there was no plant to marry, at point of entry I was ask why I was in the US and answer truthfully saying I am here to visit. Can I apply for AOS with my B2 visa?

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted

Thanks for the link, I am bit concerned now as I see it is concerned fraud to marry with intent to stay on a tourist visa, but out was not there was no plant to marry, at point of entry I was ask why I was in the US and answer truthfully saying I am here to visit. Can I apply for AOS with my B2 visa?

yes

KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Thanks for the link, I am bit concerned now as I see it is concerned fraud to marry with intent to stay on a tourist visa, but out was not there was no plant to marry, at point of entry I was ask why I was in the US and answer truthfully saying I am here to visit. Can I apply for AOS with my B2 visa?

Yes; you have been admitted to the US. Intent is moot at this point.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

SunflowerSweet Proficient

SunflowerSweet   1,321

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted

Yes; you have been admitted to the US. Intent is moot at this point.

This is correct^^ and sounds very familiar!

~*INTENT IS DETERMINED AT POE*~

 

Forever wishing for an eye-roll reaction.

 

 

K-1 Visa~
9/28/2015 - I-129f Packet Mailed to Texas Lockbox
10/1/2015 - NOA 1 Email - I-129f sent to California Service Center
10/8/2015 - NOA 1 Hard Copy
10/27/2015 - NOA 2
11/21/2015 - Packet 3 Received
1/08/2916 - Medical! Lots of jabs >.>
2/23/2016 - APPROVED!
6/20/2016 - POE
7/29/2016 - Married ❤️

~*Approval 146 Days from NOA1*~


AOS ~
9/9/2016 - AOS/AP/EAD packet mailed to Chicago Lockbox
9/11/2016 - Delivered to Chicago Lockbox
9/20/2016 - Received Text/Email NOA1
9/23/2016 - Hard Copy NOA1s
10/12/2016 - Biometrics Appointment
11/04/2016 - AP Status "Approved" EAD "Date of Birth Updated"
11/18/2016 - Received EAD/AP Combo Card!
12/23/2016 - Received Green Card

~*Green Card 95 Days from NOA1*~

 

ROC~

10/12/2018 - Mailed ROC Packet

11/8/2018 - NOA-1 

7/5/2019 - Biometrics

~*STILL WAITING 607+ Days since NOA*~

Anitafeliz Experienced

Anitafeliz   1,133

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

Congratulations on your marriage

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

 
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