Marriage and AOS while on a tourist visa

[Orangesapples 1,954]

20 minutes ago, Lucky Cat said:

You do not need proof you had no prior intent at the Adjustment of Status interview.........let it go.....  I have seen only ONE case of a denial for pre-conceived intent.  That was a case where the spouse made specific comments during a secondary interview at POE.   Those specific statements were used to accuse her of misrepresentation.   If there was no prior intent in your case, you will have no issues......Let it go.

 

EDIT:  The case I mentioned is the ONLY time I have ever heard of the subject being discussed during an AOS interview.

Indeed. It's very frustrating that OP was given bad information early on in the thread but the experienced vj team is coming to the rescue. 

[mushroomspore 3,043]

9 minutes ago, Orangesapples said:

Indeed. It's very frustrating that OP was given bad information early on in the thread but the experienced vj team is coming to the rescue. 

Yup and all it really takes is a simple search to see all the Aos-from-B2 cases.

[remotercharm 31]

Thanks for putting up with me everyone!  We are going to take the leap!

[SusnOwen 131]

2 hours ago, remotercharm said:

Thanks for everyone's feedback.  

 

Can anyone confirm this is the guide I should be using: 

or provide an other useful links?  Thanks.

 

Also does anyone know whether he would be able to apply for a SSN and be put on my employer health insurance or would we have to wait until approval?

Yes, that is the guide.  Make sure you complete the I-944 too, not sure if it's listed there.  You can have him added to your health insurance after marriage without the SSN - They use a place holder for the SSN.  He can't get the SSN until his EAD is approved.

[mushroomspore 3,043]

1 hour ago, remotercharm said:

Thanks for putting up with me everyone!  We are going to take the leap!

Good luck! Honestly, the worst part of the whole process is waiting for them to schedule the interview.

[Lucky2Lucky 2,526]

4 hours ago, Orangesapples said:

Indeed. It's very frustrating that OP was given bad information early on in the thread but the experienced vj team is coming to the rescue. 

What bad information? I had stated multiple times that intent was no longer in play and that she was free to apply for adjustment of status after marriage. She was the one challenging it 🙄

[inloveVEN 46]

Yes you can apply, certainly they are going to ask a lot of questions. The important thing here is that you have a real story and just need to talk about it with the true. So  just get mary show all your love, collect evidences or poof of your real relationship and congratulations. 

 

there are a lot of myth but i must insist when your history is true you dont have to be worried. because you can answer with the true with no contradictions 

 

best of lucks !!

[SneauxsMom 0]

Off topic-but how was your fiancée able to fly to the U.S from London?

I thought that was prohibited.

I want to fly there for Christmas to see my fiancee but believed we arent cleared for flying.

Please do share any insight you have.  Thank you 😊 

[remotercharm 31]

21 minutes ago, SneauxsMom said:

Off topic-but how was your fiancée able to fly to the U.S from London?

I thought that was prohibited.

I want to fly there for Christmas to see my fiancee but believed we arent cleared for flying.

Please do share any insight you have.  Thank you 😊 

We entered after staying in Mexico a month.

[Diane and Chris 651]

On 10/6/2020 at 9:48 PM, remotercharm said:

He had already gotten moved out of his flat and gotten rid of everything in preparation to come here so nothing to sort out really.  Thankfully money is not a concern.

Not to be negative, but that sounds like intent, IMO. Where was he living before coming to visit you?  Where was he working?  

[remotercharm 31]

10 minutes ago, Diane and Chris said:

Not to be negative, but that sounds like intent, IMO. Where was he living before coming to visit you?  Where was he working?  

Have already explained it all in previous posts.

[remotercharm 31]

On 10/7/2020 at 10:29 AM, mushroomspore said:

Yup and all it really takes is a simple search to see all the Aos-from-B2 cases.

B2 is 6 months isn't it?  So at least you would not fall into the "90 day" "rule" where an ESTA is 90 days.  Would feel more comfy applying on a b2, though I do see some people applying on ESTA too

Edited October 12, 2020 by remotercharm

[Chancy 6,233]

10 minutes ago, remotercharm said:

B2 is 6 months isn't it?

 

Allowed duration of stay is at the discretion of CBP and is determined at POE.  Default is 6 months for B2, but CBP can legally limit it to 1 day if they want to.  Search these forums for cases where CBP set the allowed duration to much shorter than 6 months.

 

[Mollie09 1,543]

18 hours ago, inloveVEN said:

Yes you can apply, certainly they are going to ask a lot of questions. The important thing here is that you have a real story and just need to talk about it with the true. So  just get mary show all your love, collect evidences or poof of your real relationship and congratulations. 

 

there are a lot of myth but i must insist when your history is true you dont have to be worried. because you can answer with the true with no contradictions 

 

best of lucks !!

Very unlikely there will be "a lot of questions", this is really common.

1 hour ago, Diane and Chris said:

Not to be negative, but that sounds like intent, IMO. Where was he living before coming to visit you?  Where was he working?  

Intent was determined at the point of entry. No intent issues unless there was material misrep.

[mushroomspore 3,043]

2 hours ago, remotercharm said:

B2 is 6 months isn't it?  So at least you would not fall into the "90 day" "rule" where an ESTA is 90 days.  Would feel more comfy applying on a b2, though I do see some people applying on ESTA too

B2 and ESTA/VWP are basically in the same category as they are both for tourists/visitors. Easy to search for "AoS from ESTA" as well. And as everyone has pointed, AoS from ESTA is not illegal so long as there was no premeditated intent to enter the US and then remain inside the US to adjust.

Edited October 12, 2020 by mushroomspore