AOS on current B2 visa

[omer 0]

My wife is citizen .. i married her in pak and now entered on my own B2 . i want to file for for AOS . While filling form i 485.. i could not understand what should i write in my Alien Number and current USCIS Status on page 1? can any body help me?

[chocolaterie 0]

how long ago did you enter the usa? If you're already married to your wife who is a US citizen, I advise you to wait at least 90 days from the date of entry before filing unless you already have an approved I-130.

[john_and_marlene 162]

It appears to me that you most likely used the B2 with the intent to come here and file AOS. The AOS adjudicator will most likely see it that way too. You need to return to Pakistan and have your spouse petition for the CR1/IR1 and K3.

[Kez/JWolf 6]

why would the OP have to wait 90 days????? he can file for I-130, AOS anf EAD together.....

he can file for AOS as soon as he wants....

Kezzie

[john_and_marlene 162]

He did not enter on the B2 and then get married .... he was already married when he came here on the B2 ... there is a significant difference between the two.

[Kez/JWolf 6]

Oh sorry I thought he got married here after entering...... yep he will have to return home and do the K3 route...

Kezzie

[john_and_marlene 162]

Oh sorry I thought he got married here after entering...... yep he will have to return home and do the K3 route...

Kezzie

[tabbydrax 0]

My wife is citizen .. i married her in pak and now entered on my own B2 . i want to file for for AOS . While filling form i 485.. i could not understand what should i write in my Alien Number and current USCIS Status on page 1? can any body help me?

i entered with B2, got an H1B and married a USC. I never had an A #. I left that section blank in applying for the 3: I-130, I-485 & I-765. When I got my NOA (notice of action), it was then that I was assigned an A#. I hope this helps.

[ChristinaM 0]

I'm just a-stayin' outta this one.

[pax 0]

Can I ask how you managed to get a B-2 in Pakistan with having a USC wife living in the States?

[john_and_marlene 162]

Actually, this is a very interesting case. If the only adverse factor is that he preplanned to stay and adjust, then he may be eligible for adjustment.

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA, 1980). In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

But then the following questions remain:

When was the B2 obtained? Was it before or after the wedding?

What was the stated purpose of the visit when asked at the POE?

The preconceived intent alone would not be adequate grounds for denial, but could be if coupled with misrepresentation in obtaining the B2 visa or giving false information on entry.

This is a very risky path.

[zyggy 9]

Actually, this is a very interesting case. If the only adverse factor is that he preplanned to stay and adjust, then he may be eligible for adjustment.

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA, 1980). In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

But then the following questions remain:

When was the B2 obtained? Was it before or after the wedding?

What was the stated purpose of the visit when asked at the POE?

The preconceived intent alone would not be adequate grounds for denial, but could be if coupled with misrepresentation in obtaining the B2 visa or giving false information on entry.

This is a very risky path.

Agreed... entering and adjusting on a B2 visa when one is already married is generally a path to certain failure as it is VERY difficult to prove that the immigrant intent was not preconceived. Sorry.. but you should go to a good and experienced immigration attorney and tell him EVERYTHING from the point when you got the B2 visa forward, especially the circumstances around your visa issuance and your entry including the questions that were asked and the responses that were given ... but any attorney will likely tell you to go home and file for the CR-1 or K3.

Edited March 24, 2006 by zyggy

[pax 0]

When was the B2 obtained? Was it before or after the wedding?

What was the stated purpose of the visit when asked at the POE?

The preconceived intent alone would not be adequate grounds for denial, but could be if coupled with misrepresentation in obtaining the B2 visa or giving false information on entry.

This is a very risky path.

Yes, that's what I'm thinking too. The DS-156 does contain a question to that effect.

I'm not sure the '80 decision would really have any bearing here, though, John, even if the OP didn't make any material misrepresentation and just happened to get lucky.

[zyggy 9]

When was the B2 obtained? Was it before or after the wedding?

What was the stated purpose of the visit when asked at the POE?

The preconceived intent alone would not be adequate grounds for denial, but could be if coupled with misrepresentation in obtaining the B2 visa or giving false information on entry.

This is a very risky path.

Yes, that's what I'm thinking too. The DS-156 does contain a question to that effect.

I'm not sure the '80 decision would really have any bearing here, though, John, even if the OP didn't make any material misrepresentation and just happened to get lucky.

Yes.. but a material misrepresentation also includes preconceived and deliberate omission of facts... such as preconceived intent and the purpose of the visit...Sometimes one is lucky because one didn't tell the entire truth...

Omer..

You have gone over and over trying to get reassurance of what you have been intending to do... you won't get it here...

Edited March 24, 2006 by zyggy

[john_and_marlene 162]

When was the B2 obtained? Was it before or after the wedding?

What was the stated purpose of the visit when asked at the POE?

The preconceived intent alone would not be adequate grounds for denial, but could be if coupled with misrepresentation in obtaining the B2 visa or giving false information on entry.

This is a very risky path.

Yes, that's what I'm thinking too. The DS-156 does contain a question to that effect.

I'm not sure the '80 decision would really have any bearing here, though, John, even if the OP didn't make any material misrepresentation and just happened to get lucky.

The '80 decision addressed the preconceived intent issue directly. If it is the ONLY adverse factor, and he is an immediate relative (husband) it isn't adequate grounds for denial.

That was the reason for my additional questions. In my opinion, there will be at least 1 other factor in this case.

You have gone over and over trying to get reassurance of what you have been intending to do... you won't get it here...

And I really doubt he'll get any reassurance anywhere else either ... not even from an attorney.