AOS from a visitor's visa (through marriage)

[Lily25 1]

Hi guys,

 

I am new to this forum and it has been a great help to read many topics and the guidelines as well. I'd wanna share my situation and need some advice on it as i am a bit confused and need to know what's the best thing to do...

 

I work in tech and took time off for four weeks to visit my sister and her family in the US on b1/b2 visa as well as visit some places together in the state.. at the POE when asked I said I am gonna visit my sister's family and see some places together. The thing is that my boyfriend with who i am in a long distance relationship with lives in the US too (not in the same state as my sister lives). While I was with my sister's family my boyfriend and i figured we can see each other too while i am here. He was working and I went to see him while I am on my vacation here. I planned to visit him for the remaining time of my vacation, then return to my sister and then return home from there since my initial return ticket was Home--> Sister --> Home. We are now together in his state for a week and he says he doesn't want me to leave and be apart anymore. We wanna marry and stay together. I still have a week until my vacation is over. 

 

Q1: Can we now get married and do AOS?

Q2: Does b1/b2 visa have disadvantages over other non-immigrant single intent visas in terms of doing AOS?

Q3: I told the POE officer that I am gonna visit my sister's family and some places there with her. Now the circumstances have changed and I get married while i am here... wouldn't this be considered a lie from my part and be seen as a violation of my tourist visa?

Q4: Should i quit my job, then get married?

 

Thank you!!!

Edited March 28 by Lily25

[Lily25 1]

Boyfriend is a US citizen.

[Crazy Cat 39,267]

32 minutes ago, Lily25 said:

Boyfriend is a US citizen.

Why didn't you tell CBP that you were also going to visit the boyfriend?  You traveled to his state.  Have you been in this relationship long?

Edited March 28 by Crazy Cat

[Lily25 1]

@Crazy CatI did not know I was gonna visit him as well... My initial plan was to visit my sister and return home. But we decided to meet when i was there..

would it have been better if i told the POE officer that i was also gonna visit my boyfriend? in that case it would have been better to do AOS? now it is risky and can be seen like i lied about my intention when i entered the country?

 

We are in a relationship for 7 months.

Edited March 28 by Lily25

[Lily25 1]

@Crazy Catif he travelled to my state, would it be different or better?

[Crazy Cat 39,267]

7 minutes ago, Lily25 said:

@Crazy Catif he travelled to my state, would it be different or better?

I don't think so.  From what country did you travel?

[Lily25 1]

Georgia. Why?

[Crazy Cat 39,267]

37 minutes ago, Lily25 said:

Georgia. Why?

That just seems like a long trip to the US without also planning to meet a boyfriend.  I wish you good luck on your journey.  If you apply to adjust status, remember that you cannot travel outside the US or work in any way inside the US without proper authority (Advance Parole and Employment Authorization Document).  That could take 3 to 6 months.  Good luck.

 

Edited March 28 by Crazy Cat

[Redro 4,600]

4 hours ago, Lily25 said:

@Crazy CatI did not know I was gonna visit him as well... My initial plan was to visit my sister and return home. But we decided to meet when i was there..

would it have been better if i told the POE officer that i was also gonna visit my boyfriend? in that case it would have been better to do AOS? now it is risky and can be seen like i lied about my intention when i entered the country?

 

We are in a relationship for 7 months.

Just like you changed your mind about travel plans midway through your vacation. You are allowed to change your mind and stay on the US and adjust. Generally, USCIS doesn’t care and they most likely won’t question you during the AOS process- unless they notice other red flags. 
 

Be aware: your boyfriend has all the control and power if you adjust. 
If he decides he no longer wants to marry, he wants to delay filing the adjustment packet, you have a fight and he decides to cancel the I130 you will be in trouble. 
 

If you trust him and believe he will stand by you while you are unable to work, drive, or leave the country. Get married asap and file I130, I130a, I485, I131 (we suggest filing this in case you need to return home for an emergency- but that might not happen if your family is already in the US) , I765- if you want to work and get a SSN so you can open a bank account and start gathering evidence of a real relationship. 
 

Remember you don’t have to wait to file this paperwork. Good luck! And I hope your case is approved quickly and you are not stuck waiting in the US unable to work or travel for 12+ months. 

Edited March 28 by Redro

[Bethie 57]

5 hours ago, Lily25 said:

Hi guys,

 

I am new to this forum and it has been a great help to read many topics and the guidelines as well. I'd wanna share my situation and need some advice on it as i am a bit confused and need to know what's the best thing to do...

 

I work in tech and took time off for four weeks to visit my sister and her family in the US on b1/b2 visa as well as visit some places together in the state.. at the POE when asked I said I am gonna visit my sister's family and see some places together. The thing is that my boyfriend with who i am in a long distance relationship with lives in the US too (not in the same state as my sister lives). While I was with my sister's family my boyfriend and i figured we can see each other too while i am here. He was working and I went to see him while I am on my vacation here. I planned to visit him for the remaining time of my vacation, then return to my sister and then return home from there since my initial return ticket was Home--> Sister --> Home. We are now together in his state for a week and he says he doesn't want me to leave and be apart anymore. We wanna marry and stay together. I still have a week until my vacation is over. 

 

Q1: Can we now get married and do AOS?

Q2: Does b1/b2 visa have disadvantages over other non-immigrant single intent visas in terms of doing AOS?

Q3: I told the POE officer that I am gonna visit my sister's family and some places there with her. Now the circumstances have changed and I get married while i am here... wouldn't this be considered a lie from my part and be seen as a violation of my tourist visa?

Q4: Should i quit my job, then get married?

 

Thank you!!!

Is this the first time you seeing him face to face?  and I dont mean with a computer screen?

[Daphne . 1,679]

He doesn’t want you to leave, but does he also know in which position that puts you? Having to (unexpectedly) quit your job, not being able to work and leave the US until you have authorization? That could take a while.

 

I think that is A LOT to ask from somebody you’ve only been in a relationship with for a short time. Especially if you weren’t even intending to meet up with him during this trip? 

[Lily25 1]

12 hours ago, Bethie said:

Is this the first time you seeing him face to face?  and I dont mean with a computer screen?

No, we have met each other before, in my own country as well as in the US.

[SalishSea 16,776]

Just now, Lily25 said:

No, we have met each other before, in my own country as well as in the US.

You should have been honest about having a bf in the US.   The notes CBP puts in your record can impact your future immigration options.