Proposed to now fiance here on B2 visa

[Loren Y 2,745]

Everyone tends to forget you need to add her on your medical insurance, or get her medical Insurance on her own. On her own that's 700 plus a month, and I know to add my spouse to my employer Insurance added 280 a month to my deductions on my paycheck. Plus you have to support her. It gets costly, be prepared.

[Tjg312 14]

2 hours ago, little immigrant said:

Why not marry and send her back to complete the process via consulate processing? That's how I did it. This way she can continue working in Spain and when she comes here, she immediately is a green card holder with the privilege to work. 

Mostly because we'd prefer not to be apart If there's a way for her to continue staying here without having to spend 6+ months in Spain we'd much prefer to do that, even if she can't work.

 

33 minutes ago, Loren Y said:

Everyone tends to forget you need to add her on your medical insurance, or get her medical Insurance on her own. On her own that's 700 plus a month, and I know to add my spouse to my employer Insurance added 280 a month to my deductions on my paycheck. Plus you have to support her. It gets costly, be prepared.

Yep! I actually did look into that too. Fortunately my employer covers insurance expenses so I'm set on that part. As far as expenses to support, I can definitely assist her with that.

 

So from my understanding, my main concern is essentially just to financially support her? It's annoying because these lawyer sites say all these things about the 90 day rule, even the one I spoke with said so and mentioned that she can get in trouble, but from reading here it's pretty much BS, huh?

 

[Boiler 43,738]

There is a 90 day guide, just not relevant to this situation. She is Adjusting.

 

I am sure there are Lawyers who know their business, I doubt you mean all Lawyers.

[Tjg312 14]

4 minutes ago, Boiler said:

There is a 90 day guide, just not relevant to this situation. She is Adjusting.

 

I am sure there are Lawyers who know their business, I doubt you mean all Lawyers.

No of course not all lawyers, I just mean the ones that I've messaged that have given generic canned responses(you get what ya pay for), and just general websites I've found on google.

[DELETEME1234 208]

You can just go ahead and file for AOS. Other than that you can disregard what the lawyer said together with the shaming of some members here for that matter. 
 

Only thing you need to keep in mind is that they won’t be able to work and leave the country for about 4-5 months until they receive their EAD and AP. 

 

Additionally familiarise yourself with the income requirements for sponsorship and the new public charge guidelines (the latter is irrelevant if in some way you manage to get a courthouse wedding and get a packet together send before the 23rs, but that’s unlikely). 
 

Other than that welcome here. Some personal advice regarding VJ. There’s a loud part of the member base that's right leaning to say the least some of which are of the calibre that would love to pull up the ladder behind them. More often than not they’re seasoned members around here. If you’re not interested in useless debates I’d advise to just keep to yourself.

 

Additionally there’s a general contempt for people that adjust status inside the US that manifests amongst other ways by scaring you into thinking things are gonna go bad, scary warnings on certain pages here and shaming people to name a few ways. It typically stems out of a feeling of envy or unfairness, it’s typically not personal though. 
 

Either way, good luck to the two of you

[Tjg312 14]

30 minutes ago, Poseidon1212 said:

You can just go ahead and file for AOS. Other than that you can disregard what the lawyer said together with the shaming of some members here for that matter. 
 

Only thing you need to keep in mind is that they won’t be able to work and leave the country for about 4-5 months until they receive their EAD and AP. 

 

Additionally familiarise yourself with the income requirements for sponsorship and the new public charge guidelines (the latter is irrelevant if in some way you manage to get a courthouse wedding and get a packet together send before the 23rs, but that’s unlikely). 
 

Other than that welcome here. Some personal advice regarding VJ. There’s a loud part of the member base that's right leaning to say the least some of which are of the calibre that would love to pull up the ladder behind them. More often than not they’re seasoned members around here. If you’re not interested in useless debates I’d advise to just keep to yourself.

 

Additionally there’s a general contempt for people that adjust status inside the US that manifests amongst other ways by scaring you into thinking things are gonna go bad, scary warnings on certain pages here and shaming people to name a few ways. It typically stems out of a feeling of envy or unfairness, it’s typically not personal though. 
 

Either way, good luck to the two of you

Thank you so so soooo much! I appreciate the input, best of luck to you too!

[SalishSea 16,900]

7 hours ago, Tjg312 said:

She can work her job and has been working her job from a laptop over here, so while it would be nice to be able to travel back it can definitely wait.

Not allowed.  B visas are for visiting, not working.

[Mike E 11,727]

I would hire an attorney if for no other reason than to help craft a response to USCIS's likely accusation that she used her B2 with an intent to immigrate.

[Boiler 43,738]

3 minutes ago, Mike E said:

I would hire an attorney if for no other reason than to help craft a response to USCIS's likely accusation that she used her B2 with an intent to immigrate.

On what basis do you say likely? Did you have to deal with this accusation?

[SunflowerSweet 1,321]

Not sure about Trump, but there sure will be people who will push back on adjusting from a tourist visa, regardless if you are in the legal clear to do so. 
 

Not really sure what the hang up between “real visitors” and laptops is, both my husband and I brought our laptops on all of our visits. They are portable, being able to travel with them is almost intended. 

 

You can file for adjustment of status if you wish. Others have already mentioned the work/travel restrictions, so if your fiancé is okay with them, you’re set. I can’t think of any reason why you would need a representation. It’s a pretty straightforward process, some people just like to let their opinions bleed into their legal advice and make it seem not so.

 

As for the rumors of misrepresentation, you proposed to her ON THIS TRIP, correct? I don’t know how anyone can read between those lines and see intent on her behalf prior to entering, but maybe she’s a mind reader!

[Nat&Amy 623]

1 hour ago, MorganandMichael said:

I don’t know how anyone can read between those lines and see intent on her behalf prior to entering, but maybe she’s a mind reader!

B2 visas are misused all the time, and I don't see why a member pointing out that fact makes them "mind readers". The system is flawed. People take advantage of it. Couples that live in different countries have to negotiate when and where they will be together but the essential difference is that the system allows those "without intent" (would use larger quotation marks if they were available) to enter the country and adjust status because they don't want to be separated, but who wants to be separated, really? 

 

So yes, I understand why those that go through consular processing frown upon statements such as "we didn't want to be separated so we will not do the spousal visa and will AoS instead". It's a public forum so there will always be two sides to the discussion.

 

That said, AoS from a visitor visa is completely legal and I don't see the need for a lawyer. Working is not allowed, travelling abroad will not be possible for a few months til AP is granted, but as long as OP and future spouse organize themselves properly (and start gathering a good affidavit of financial support + solid evidence of bonafide marriage), they should be fine.

[SunflowerSweet 1,321]

10 minutes ago, Nat&Amy said:

B2 visas are misused all the time, and I don't see why a member pointing out that fact makes them "mind readers". The system is flawed. People take advantage of it. Couples that live in different countries have to negotiate when and where they will be together but the essential difference is that the system allows those "without intent" (would use larger quotation marks if they were available) to enter the country and adjust status because they don't want to be separated, but who wants to be separated, really? 

 

So yes, I understand why those that go through consular processing frown upon statements such as "we didn't want to be separated so we will not do the spousal visa and will AoS instead". It's a public forum so there will always be two sides to the discussion.

You can adjust text size on here, there are “bigger quotations”. 

I’m not silencing anyone, am I? “There will always be two sides to the discussion”. Yeah, I’m being the other side.
 

Individuals, often unaware and overwhelmed, come here and ask questions about their legal options within the US immigration system. That’s explicitly what this post is. It’s a public forum so of course people can share their opinions, slyly (or loudly and openly) accuse those in these situations of fraud, and even sometimes blatantly be untruthful and act like AOS is not an option. How that’s okay is beyond me, but whatever.

 

It just happens in practically every Non-immigrant to AOS thread I’ve seen, and I’ve been here a few years. Even the MOST cut-and-dry, “came to visit and the situation changed and they want to stay” cases, there is usually someone shouting about it.

 

I agree, no one here wants to be separated from there significant other, and it’s terrible that so many have had to be. But for the few who don’t have to, and have a clear legal path that lets them stay together whyyy would I want to pressure those people to split up? There suffering doesn’t turn back time and prevent me from having to be apart from my loved ones. I gain nothing from it. I’m not sure what anyone else does.

[Moe428 129]

7 hours ago, Mike E said:

I would hire an attorney if for no other reason than to help craft a response to USCIS's likely accusation that she used her B2 with an intent to immigrate.

Do you have any evidence that such accusations are commonplace, or are you just fear mongering?

[NikLR 13,220]

Congrats on your engagement.  AOS is an option for you. I suggest making sure she doesn't spend any time out of status so make sure the AOS package goes out before her time is up on this stay. 

She may not have the wedding of her dreams and she should not leave the country until she has AP. 

[Mike E 11,727]

5 hours ago, Moe428 said:

Do you have any evidence that such accusations are commonplace, or are you just fear mongering?

I don’t know if they are common place. I know they occur. Such as http://myattorneyusa.com/uscis-and-the-3060-day-rule-and-the-effect-of-preconceived-intent-on-adjustment-of-status which has a long list.  I expect visajourney’s filters to delete the url so you will just have to do a search on google.  
 

I know when I had my AOS interview from my first marriage, I had left the USA for a family emergency and reentered the USA on my I-20 with clear immigration intent.  I was unaware of the rule.  My attorney went nuts.  
 

It didn’t come up during the interview but she prepared a statement for me to sign.  
 

Just how many marriage based green cards have you obtained for yourself or your spouse?
 

 

Edited February 20, 2020 by Mike E