From B1/B2 to AOS status. Please help :(

[cookiesandlove 1]

Hi everyone,

I've just signed up today seeking help/advice from any of you guys who have been through the same or currently in the same situation as mine. 

 

My current situation is as per the following:

1. I met my boyfriend online last year 2016.Funny it wasn't from a dating website!

2. After months of talking, texting every single day (It's crazy!), we then decided it's about time to meet.

3.So I applied for B2 visa (10 years), bought tickets to visit him and took few weeks break off work. I really needed a vacation at that time

4. Went back to my country of residence after two weeks. I did not overstay.

5. Two months later... I left my job because of the level of stress I had was too much and thought it's a good idea to take some time off and focus on my professional membership.

6. I am here now in the US (second visit), and my boyfriend has just proposed me. Of course I said yes! I didn't expect him to propose me that quick... but I guess when it happens it happens. 

7. Will get married legally soon.  

 

Now my situation is... I'm on B2 visa, my boyfriend wants me to be here (and not leave) and adjust my status to permanent. I, myself for sure don't want to be away from him for too long.. it's unbearable.

 

I have a return ticket to do my professional exam and have paid for this exam. I can delay or put this exam on hold and proceed with the AOS but I am not sure whether this is doable for B1/B2 visa holder?

 

Don't want to get myself into trouble. Please help - I'm worried, I don't want to jeopardise my future with him. 

 

My questions:

1. Is it doable?

2. Is it safe to proceed with the adjustment?

 

Note that my better half doesn't agree on getting K1/K3/CR1 visa. He doesn't want us to be apart again. So the AOS path is the only way. 

[cookiesandlove 1]

Hi everyone,

I've just signed up today seeking help/advice from any of you guys who have been through the same or currently in the same situation as mine. 

 

My current situation is as per the following:

1. I met my boyfriend online last year 2016.Funny it wasn't from a dating website!

2. After months of talking, texting every single day (It's crazy!), we then decided it's about time to meet.

3.So I applied for B2 visa (10 years), bought tickets to visit him and took few weeks break off work. I really needed a vacation at that time. So at PoE, I told the officer my trip was for pleasure (I had everything planned for the worst ie if my boyfriend didn't show up or circumstances changed, I will stay at this XYZ hotel). I didn't mention that I was going to visit my boyfriend - the officer let me through. 

4. Went back to my country of residence after two weeks. I did not overstay.

5. Two months later... I left my job because of the level of stress I had was too much and thought it's a good idea to take some time off and focus on my professional membership.

6. I am here now in the US (second visit), and my boyfriend has just proposed me. Of course I said yes! I didn't expect him to propose me that quick... but I guess when it happens it happens. 

7. Will get married legally soon.  

 

Now my situation is... I'm on B2 visa, my boyfriend wants me to be here (and not leave) and adjust my status to permanent. I, myself for sure don't want to be away from him for too long.. it's unbearable.

 

I have a return ticket to do my professional exam and have paid for this exam. I can delay or put this exam on hold and proceed with the AOS but I am not sure whether this is doable for B1/B2 visa holder?

 

Don't want to get myself into trouble. Please help - I'm worried, I don't want to jeopardise my future with him. 

 

My questions:

1. Is it doable?

2. Is it safe to proceed with the adjustment?

 

Note that my better half doesn't agree on getting K1/K3/CR1 visa. He doesn't want us to be apart again. So the AOS path is the only way. 

Edited March 4, 2017 by cookiesandlove

[geowrian 22,341]

Assuming your fiance is a US citizen, and are staying legally in the US until you marry and file for AOS, then there shouldn't be any issue.You entered the US without immigrant intent...you can marry a USC and file for AOS fine, You cannot work or leave the US, though. I suggest filing for an EAD & AP (no extra costs for these) along with AOS. Those 2 take roughly 90 days and will be your work permit and travel document to leaver the US for short trips while your AOS is being processed.

 

Edit: to clarify, you can leave the US w/o AP, but you would need a CR-1/IR-1 visa to re-enter.

Edited March 4, 2017 by geowrian

[cookiesandlove 1]

@@geowrian 

 

Thanks for your reply. Yes, he is a USC. So it is OK to proceed with the AOS, will there be any issues though at my interview? What sort of documents do I need / prepare to prove them that I did not intent to immigrate? 

Would my return ticket and professional exam receipts suffice as proofs?

 

What is the worst case scenario once I submitted my AOS application? Rejected and deported back, and never be able to meet my fiance again?  

[geowrian 22,341]

Just now, cookiesandlove said:

@@geowrian 

 

Thanks for your reply. Yes, he is a USC. So it is OK to proceed with the AOS, will there be any issues though at my interview? What sort of documents do I need / prepare to prove them that I did not intent to immigrate? 

Would my return ticket and professional exam receipts suffice as proofs?

 

What is the worst case scenario once I submitted my AOS application? Rejected and deported back, and never be able to meet my fiance again?  

Yes, you're fine then. There are no documents you need to prove intent. Intent is determined at POE.

 

Worst case for anybody being denied AOS and without any other legal status would be that they become out of status and are deportable. That doesn't make it impossible to be in the US as there are waivers available for spouses, but it does become much more expensive and likely take years. But if it's a legitimate marriage, then there's no good reason to worry about being denied.

[Unlockable 7,322]

Your BF is a US Citizen correct?

 

Here is the issue. Once you file AOS, you can't leave the US. By doing so you will have abandoned the process. So if you decide to marry and AOS, your professional membership and other things you have to deal with back home will have to be cancelled or, if possible, put on hold until after you completed the AOS which may be a while. Coming to the US with intent to marry and AOS is fraud. But in your current situation you are OK to AOS because, like you said, it wasn't your intent when you arrived. So to answer your question, YES, you are OK to proceed with the AOS. Again assuming he is a USC.

 

 

 

[Shauneg 763]

Amazing.

[cookiesandlove 1]

 

NuestraUnion

 

Thanks NuestraUnion for your reply. Yes, he is a USC.

 

I thought that was the case. You are correct indeed. I would have to abandon everything or transfer the professional membership location to be within the USA. But I am not confident with the American market / industry, so I am most likely will do the former. Abandon or put on hold. 

 

 

Coming to the US with intent to marry and AOS is fraud - What if the person on B1/B2 holder lied about his/her intention? How would they find out? I'm just curious. 

Totally unfair for those who went through the K1/K3 or CR1 process..

[cookiesandlove 1]

geowrian

  Thanks Geo. Hopefully all goes well! I guess it's safe... fingers crossed. Next question is... should we start applying now for AOS or wait for a few months? 

 

Shauneg

 Amazing? Which part?  

 

 

[Roel 7,193]

It is unfair but a lot of people do that and lie about it. They usually think they are smarter than all those losers who decided to wait for their k1 or cr1. Since you didn't plan on doing that, you're fine. Also you seems genuinely worried about doing aos from b2. 

[Unlockable 7,322]

46 minutes ago, cookiesandlove said:

 

NuestraUnion

 

Coming to the US with intent to marry and AOS is fraud - What if the person on B1/B2 holder lied about his/her intention? How would they find out? I'm just curious. 

Totally unfair for those who went through the K1/K3 or CR1 process..

It happens. We all know it happens.

 

Most of the time those who get caught either have evidence on their phones or on their person. Sometimes it is the instinct and experience of the POE officer to pick it up. But for the others they play the "I didn't intend to stay in the US" game. About 40% of unauthorized immigrants are visa overstayers. But that gets greatly overshadowed by other immigration issues that gets discussed.

 

It's true, it IS unfair to the others who go through the proper process and experience long wait times away from their loved ones. Some countries it is extremely hard to get visitor visas to the US. But it is what it is.

Edited March 4, 2017 by NuestraUnion

[Boiler 47,730]

Stay and adjust, simples.

[KierenHby 900]

8 hours ago, cookiesandlove said:

Coming to the US with intent to marry and AOS is fraud - What if the person on B1/B2 holder lied about his/her intention? How would they find out? I'm just curious. 

Totally unfair for those who went through the K1/K3 or CR1 process..

Yep

 

Check out the Guides above to AOS.

[geowrian 22,341]

9 hours ago, cookiesandlove said:

  Thanks Geo. Hopefully all goes well! I guess it's safe... fingers crossed. Next question is... should we start applying now for AOS or wait for a few months?

Best wishes.

 

When you apply is up to you, but I see no good reason to hold off on it. You cannot file until you are married, though.

[DrEllaNJ 288]

11 hours ago, cookiesandlove said:

geowrian

  Thanks Geo. Hopefully all goes well! I guess it's safe... fingers crossed. Next question is... should we start applying now for AOS or wait for a few months? 

You can start gathering the documents needed for AOS and AP/EAD filing, according to this list: http://www.visajourney.com/content/i130guide2

 

But you'll see that one of the supporting docs you'll need is your marriage certificate. So you'll need to get married first in order to get that (license doesn't count). I'd advise doing that as soon as possible though, as you are pretty much stuck in the US until you get your EAD (work) /AP (travel) card, which takes about 90 days from filing.

You can also start getting stuff together for your medical exam (i-693) as that may take a few weeks between scheduling/test results. I believe you can file the i-485 without it though, but you'll need it for your interview down the road.