Adjustment of Status or CR1 Visa?

[Kimaaaa 0]

Hello everyone, I need some advice.
I'm in a bit of a tough spot. I recently got married to a US citizen while I'm in the US on a B1/B2 visa.

Here's a timeline of events:
- Entered the US in May 2024
- Got married in August 2024
- Went on a trip outside the US and got a new I-94 in September 2024

I am aware that I have two options, there are:

1.    Adjustment of Status

2.   CR1 Visa

Considering the political situation in the US right now, which option would be the best for me to choose?

I would appreciate any feedback on this matter. Thank you!

[Crazy Cat 41,974]

Where are you right now?  If you are currently inside the US, you can concurrently file an I-130 and an I-485 (as long as you didn't misrepresent yourself at POE).  Be aware that you cannot work in any way or leave the US for up to 6 months or more until you have proper authorization.

 

If you are currently outside the US, your US spouse can begin the spousal visa process by filing an I-130.

Edited September 12 by Crazy Cat

[Kimaaaa 0]

17 minutes ago, Crazy Cat said:

Where are you right now?  If you are currently inside the US, you can concurrently file an I-130 and an I-485 (as long as you didn't misrepresent yourself at POE).  Be aware that you cannot work in any way or leave the US for up to 6 months or more until you have proper authorization.

 

If you are currently outside the US, your US spouse can begin the spousal visa process by filing an I-130.

 

Thank you for your response.

I am in the US right now.

Would it be okay if I apply AOS?

I am worried that it would be considered as fraud.

 

To be honest, I came here for going on a trip with his family that we already planned a year ago.

We got married at the court house five days before we went on a trip.

Since I got new I-94, we were thinking that it is possible to apply AOS.

But now I am worried it would be jeopardized my B1/B2 visa.

 

May I know what you mean by “misrepresent myself at POE”?

 

Also, I still have a ticket to comeback to my country if there is no possibility for us to apply AOS.

Edited September 12 by Kimaaaa

[Crazy Cat 41,974]

1 minute ago, Kimaaaa said:

May I know what you mean by “misrepresent myself at POE”?

For example, making false statements at POE.  Otherwise, you are fine with adjusting status.  Here is the appropriate guide:

 

 

[Crazy Cat 41,974]

11 minutes ago, Kimaaaa said:

But now I am worried it would be jeopardized my B1/B2 visa.

1.   You cannot travel outside the US , by any means, after filing an I-485 until you receive an approved advance parole document (3 to 6+ months).  Doing so would abandon the I-485.

2.  If you leave the US before filing an I-485, you cannot enter the US via the B2 with the intent to stay and adjust status. 

 

Edited September 12 by Crazy Cat

[Kimaaaa 0]

5 minutes ago, Crazy Cat said:

For example, making false statements at POE.  Otherwise, you are fine with adjusting status.  Here is the appropriate guide:

 

 

I don’t think that I was making false statements at POE.

 

Thank you for the attached information.

Based on my case, when is the best time to apply AOS?

Should I wait for 90 days before I can apply for it?

[Crazy Cat 41,974]

Just now, Kimaaaa said:

Based on my case, when is the best time to apply AOS?

Should I wait for 90 days before I can apply for it?

ASAP (if you have a marriage certificate).  There is no need to wait.  There is no 90 day rule.

 

 

[Kimaaaa 0]

9 minutes ago, Crazy Cat said:

1.   You cannot travel outside the US , by any means, after filing an I-485 until you receive an approved advance parole document (3 to 6+ months).  Doing so would abandon the I-485.

2.  If you leave the US before filing an I-485, you cannot enter the US via the B2 with the intent to stay and adjust status. 

 

Since my situation is same as like #2, seems like I am not eligible for applying AOS.

[Crazy Cat 41,974]

5 minutes ago, Kimaaaa said:

Since my situation is same as like #2, seems like I am not eligible for applying AOS.

Right now, you are inside the US.  You can apply for AOS.  #2 would apply only if you left the US before filing to adjust status.

Edited September 12 by Crazy Cat

[Kimaaaa 0]

Just now, Crazy Cat said:

Right now, you are inside the US.  #2 would apply only if you left the US before filing to adjust status.

Thank you for the explanation.

I really appreciate your help 🙏

[Rotnkid 33]

6 hours ago, Crazy Cat said:

Right now, you are inside the US.  You can apply for AOS.  #2 would apply only if you left the US before filing to adjust status.

I think the OP is trying to say that following marriage, they did leave the US on a trip before filing for AOS, and re-entered on B2 and got a new I-94. Wouldn’t intent at the second entry on B2 be an issue for AOS? 

[SalishSea 17,915]

45 minutes ago, Rotnkid said:

I think the OP is trying to say that following marriage, they did leave the US on a trip before filing for AOS, and re-entered on B2 and got a new I-94. Wouldn’t intent at the second entry on B2 be an issue for AOS? 

Yes, if she entered using a B-2 with the intent to stay and adjust status, that is fraud.   Her only option would be consular processing after her spouse files a petition for a CR1 visa.

[Daphne . 1,886]

You can file for AOS but don’t underestimate how challenging this process is (not being able to work or leave the US for a while). It can put a lot of pressure on a marriage and if big life events happen ‘back home’ (sickness, deaths, etc) you might not be able to be there. 
 

The timelines for work and travel authorizations (if you decide to file for those, but they are optional) vary a lot. Some people can work after 3 months, others had to wait closer to a year. 
 

Think really hard and long about going this route. The adjustment of status always sounds great until it doesn’t. Don’t make this decision with your heart, make it with your brain. 

[Crazy Cat 41,974]

11 hours ago, Rotnkid said:

Wouldn’t intent at the second entry on B2 be an issue for AOS?

Not necessarily.  The OP did not indicate that they intended to adjust status when they entered.  Intent was already determined at POE.  Unless there was deliberate misrepresentation, I don't see an issue. 

 

There is no issue for someone to enter the US after marriage to a US citizen.  However, entering as a visitor with intent to stay and adjust would be fraud.

Edited September 13 by Crazy Cat

[OldUser 6,851]

9 hours ago, Daphne . said:

You can file for AOS but don’t underestimate how challenging this process is (not being able to work or leave the US for a while). It can put a lot of pressure on a marriage and if big life events happen ‘back home’ (sickness, deaths, etc) you might not be able to be there. 
 

The timelines for work and travel authorizations (if you decide to file for those, but they are optional) vary a lot. Some people can work after 3 months, others had to wait closer to a year. 
 

Think really hard and long about going this route. The adjustment of status always sounds great until it doesn’t. Don’t make this decision with your heart, make it with your brain. 

Couldn't agree more.

 

Questions for US citizen spouse:

1) Can they afford the fees?

2) Can they support another adult, not only financially but also emotionally for a year or so?

 

Questions for immigrant:

1) Can they give up freedom of travelling outside the US for potentially a year or so?

2) Are they ready to be financially dependent on their spouse for potentially one year?

3) Do they know what they're going to do with their time for the next 3-6-12 months while waiting?