married on B2 can I do an AOS?

[TheKells 0]

Good day

 

i hope some can please help me with a simple yes or no, I have been looking all over the forum for answers but there are a few conflicting ones which have me a little confused and worried. Here is my situation, I arrived in the US on a tourist visa to visit my boyfriend and planning on staying for 5 months as we were touring Utah. I was due to return home in March 2017, however my boyfriend proposed and we decided to get married which we did 2 weeks ago on my birthday (yipee) I had already been here 3 months before we decided to get married and there was no intention of marriage or me staying when I arrived on holiday, I was asked at the point of entry what i was planing on doing in the US and I stated a vacation. I would like to know if is possible for me to file for AOS now without having to return to my home country?  my husband is a US citizen and having looked at the options filing for an AOS is a better option considering travel expenses of then having to return to my home country then applying for CR1 visa  and then returning again. Please can someone advise as I have seen some answers saying you can Adjust your status after marriage on a B2 visa and others saying that its not allowed. Both my husband and I are really stressed out and we would both appreciate input. 

 

thank you

[DrEllaNJ 288]

if you don't need to return home to tie up loose ends, you should stay and do AOS. It'll be a lot faster and less expensive. 

You can adjust from B2 status - it is only fraud if you come on a visitor's visa with the intention of getting married and adjusting.

 

Be prepared for extra scrutiny, but doing AOS in your situation is totally legal. Just follow the guides on this page to file i-130, i-485, i-765, i-131. - http://www.visajourney.com/content/i130guide2

 

Good luck and congrats!

Edited February 3, 2017 by DrEllaNJ

[TheKells 0]

22 minutes ago, DrEllaNJ said:

if you don't need to return home to tie up loose ends, you should stay and do AOS. It'll be a lot faster and less expensive. 

You can adjust from B2 status - it is only fraud if you come on a visitor's visa with the intention of getting married and adjusting.

 

Be prepared for extra scrutiny, but doing AOS in your situation is totally legal. Just follow the guides on this page to file i-130, i-485, i-765, i-131. - http://www.visajourney.com/content/i130guide2

 

Good luck and congrats!

Thank you so much,  not many loose ends that family can't take care of.  Looks like we will take the AOS route, we were concerned that I would have to return home  it will save us the extra expense.  Many thanks again,  you have put my mind at rest