Harpa Timsah

Yes, he can enter the US with either a student visa or under the Visa Waiver Program and then change his status by filing for AOS. BUT, keep in mind that planning to do this before he enters the US is considered fraud because his intentions are not to come and just visit or study but to remain in the US permanently. If Immigration sees it this way, they will consider it fraud and your case will be denied.
Diana

Um, no, this is what it says:
I overstayed my B-2 visa and it did not preclude me from filing an I-485. Overstay was a negative factor against me, yes, but it was outweighed by all the positive factors - the #1 being that I am married to a US citizen.

People who have overstayed are NOT ineligible to file an I-485, that is what we are trying to make clear. People who entered on the VWP and overstayed MAY be made ineligible by what is going on now. Yes, I think we are all saying the same thing, Harpa and I are just trying to make sure it is clearly worded so people who happen on this thread in the future don't get confused and think they can't file AOS because they entered on B-2 (for example) and overstayed.

No, it does not "include" VWP people... it is ONLY regarding them and overstay.
And, you can't be 100% sure what the new memorandum will be, so I wouldn't state it as fact just yet. It doesn't look good, for sure, but announcing that VWP overstays are ineligible to file now is technically untrue.

No, it does not "include" VWP people... it is ONLY regarding them and overstay.
And, you can't be 100% sure what the new memorandum will be, so I wouldn't state it as fact just yet. It doesn't look good, for sure, but announcing that VWP overstays are ineligible to file now is technically untrue.

You should decide on your own which you want to do. I will tell you my experience, I was married to my husband, and came down for an extended visit while my CR-1 was at the USCIS stage (first stage). I did get questioned at the POE (Pearson airport in Toronto), but he was satisfied that I was not trying to immigrate. After a few months, when the CR-1 went to the NVC (second) stage, we realized that there were some complications and switched to AOS. It took me just over 3 months from date of filing to get my green card, and I was not asked about intent - general wisdom on here is that they WON'T ask about intent unless they can pick up on some obvious negative factors.
I don't believe you can be planning on actually getting married at this point, since it is too early in the relationship for the K-1. I say, come for a visit. Get to know this guy, see if he is the one you want to spend the rest of your life with. One trip may not answer that question. However, when you do come on this trip, you are just coming to get to know him, you are not intending on getting married or, more importantly, immigrating. If it happens - it happens. At that point, you can decide if you want to go back and pursue the CR-1 or take the slightly riskier path and do an AOS. For what it is worth, AOS is way less complicated and (when you factor in the cost of plane fares) cheaper than CR-1. However, just because it was the right choice for me, doesn't mean it's for everyone.

I am also sorry you are having a hard time. I just want to add that you can leave for up to a year without doing anything, and if you want to leave for up to two years, there is a reentry permit that you can get. The SSN is her number for life.
Good luck whatever you do.

This is off topic, but if you're going to sling statistics around then you should at least attempt to get them right. The US has the highest reported crime rate in the world. This is because the overwhelming majority of crimes in the US are reported to police. It has nothing whatever to do with your chances of being a victim of crime in the US. The difference between the reported and actual crime rate in the US is thought to be relatively low, whereas the different between the reported and actual crime rate in many other countries is suspected to be far higher. People don't report crimes if there is no effective law enforcement where they live, or the law enforcement is perceived as being corrupt.
If you would like to get an idea why Nigeria is perceived as a high fraud country, do a google search on "Nigeria 419". You'll find it interesting reading.

Happy Ramadan Everybody
Having your christian familly be upset about their child leaving their religion does not make them hicks or bigots. It makes them very concerned. Especially if religion was a huge part of their life. For example, my family are Roman Catholics and Irish and the catholic church is a huge part of every aspect of their identity. Just because your American family is upset and shaken up because you leave a religion you grew up with,it doesnt make them hicks or bigots.
Id like to see what a muslim family in lets say Algeria or Morocco would do if their daughter just decided that she wasnt going to do ramadan anymore, was becoming a christian because they started attending church services.. Wait I have the answer. Whoever prostelatysed to them will face jail time as well as expulsion from the country and bibles are not even allowed legally to be brought into the country. Also there are hadiths that read if you leave Islam , you face death. No one is saying anyone has ever actually been faced with that reality , especially living in the west but for the love of God, its a huge thing for someone to convert or revert from either culture and its perfectly normal for their family to feel upset about it. They are after all their family. I have practised islam for over 9 years and my family is split on their conscensus but I can tell you that there are alot of things that you cannot find in the immigrant community that you will find in your home community. I have actually been through the rites of islam in a funeral and its is awful how badly my mother and female family was treated during it, literally shoved from the graveside and not even spoken to. There are huge differences in the way that the relgions are practiced and while its fine to revert to marry I guess and be living on the sidelines of the real ramifications of the religion, whats good for the goose is good for the gander. A muslim family would freak out if their child left islam. Its not anything weird for an american family to freak out, especially if they think it was only orchestrated to please a foreign mate who may or may not even be around in 5 years .. and their child is throwing away a part of their childhood for a relationship or to look better to land the relationship to begin with.
This is a huge choice and its not weird for either relgions members to be upset
The parents being hysterical is very much human nature.
Here are some articles about the expulsion of christians in mena
Article on APOSTASY, or leaving Islam. There is no state mandated punishment for leaving Christianity but there are hadiths that condemn the apostate to death
http://en.wikipedia.org/wiki/Apostasy_in_Islam
Martyrs in Algeria from the Catholic ChurchCatholic Nuns and Priests killed in Algeria
Article on the dangers of leaving islam from the Uk Times online
apostasy in the UK from the times online
Prominent American pastor expelled from Algeriaprominent American pastor expelled
Church in Algeria ransacked Jan 2010 REUTERSchurch ransacked Algeria JAN 2010
Without discussing any of this, you are minimising the impact of changing religion on either cultures family members
Here is the hadith that says leaving Islam is punishable by death. I am not sure if there is anything in the bible that states the same.. Its open for interpretation
"Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."Sahih al-Bukhari, 9:83:17
Leaving a life long religion is a huge choice. The OPs family should be respectful of her choice of course but its not really strange in any way for them to be upset. They also might not feel confident that her relationship will be a permanent one either and may have feeling about the whole situation and their panic may be more of a symptom of that as well. Its very scary for a religious christian mom to see her daughter walk away from everything she holds dear to join a relgion that is depicted in the news as barbaric. Look at the mass outrage over the mosque at ground zero. The majority of Americans are outraged about it although to deny their right to have the masjid is very racist.
We are facing alot of after math from 9 11 whether we like it or not. I think it was alot easier for parents to deal with conversion before all the carnage that Americans have had to put up with the last few years.
Even the pollsters are reflecting most Americans outrage with having a islamic center built 2 blocks from ground zero.
I personally think it would show the world that we are forgiving and tolerant but many think its a piece of glass through the heart and that the area is hallowed ground
Most New Yorkers Oppose Ground Zero Mosque: Poll
NBSNY ^ | Jul 1, 2010 | JILLIAN SCHARR
Posted on Thursday, July 01, 2010 2:38:47 PM by GOPGuide
A majority of New Yorkers oppose plans to build a mosque and Muslim cultural center two blocks from Ground Zero, according to a Quinnipiac University Poll released Thursday.
Fifty-two percent of the respondents said they did not want the mosque to be built at all, 31 percent are in favor of it, and 17 percent are undecided.
"New York enjoys a reputation as one of the most tolerant places in America, but New Yorkers are opposed to a proposal to build a mosque two blocks from Ground Zero," said Quinnipiac University Polling Institute Director Maurice Carroll in a press release.
"Is it because we're still nursing the wounds from the terrorist attack on the World Trade Center or is it more like bigotry?" he asked.
Broken down by borough, Manhattan was the most in favor of the mosque, with only 36 percent of residents against it. On the other end of the spectrum was Staten Island, where 73 percent of respondents were opposed.
"Liberal Manhattan accepts the mosque and trusts Islam," observed Carroll. "Staten Island, where there's controversy about another proposed mosque, is more skeptical."
According to the poll, 56 percent of white voters, 45 percent of black voters, and 60 percent of Hispanic voters oppose the mosque. Along religious lines, 66 percent of Jews, 66 percent of Catholics, and 46 percent of Protestants were opposed.
The poll also researched New Yorkers' opinions of Islam. Fifty-five percent of New Yorkers believe that mainstream Islam is a "peaceful religion, while only 22 percent said Islam "encourages violence against non-Muslims." Twenty-three percent of New Yorkers are undecided. The full report can be found here.
I think there are alot of factors here at play and they go far beyond the actual conversion or reversion or whatever you want to call it
I hope everyone is having a great ramadan. This is just some food for thought. I just wanted to maybe open the discussion to perhaps see things from the familys side because there are definite concerns that they may be feeling, however bullying her is very wrong....

Translation:
Hi Good afternoon.
I am new to the forum and I'd like to clarify a few things that confuse me to send my paperwork. I am Colombian and came to the US with a B2 visa. I married a US citizen 3 months ago. My visa has not expired yet. My son is 7 years old and is in Colombia. I'd like to petition for AOS and get my son here at the same time... I'd appreciate from the bottom of my heart whomever can help with my case and all the best for your own petitions.
I will do both petitions at the same time: I-130 which includes F-G325A and AOS I-485 which includes I-864, G-325A, I-693, I-765 and I-131 ...
My questions are the following....
1. I live in Florida and the form I-130 says I should send it to Chicago and the I-485 to Dallas, Texas. I want to know really and not to make any mistakes if I sent them separate or all together and to which address?
Send them all together same package or same box to the Chicago Lockbox. Las mandas juntas en un mismo paquete a la dirección en Chicago.
2. My son is 7 years old and is in Colombia, my husband is a USC and read that he can petition F-130 separate. My question is since it's a consular petition do I send it together with my own paperwork or separate?
I'm afraid I don't have any experience in this, someone will come along and explain hopefully. Lo siento pero no tengo experiencia en este caso, seguramente alguien aporte más ayuda.
3. In the AOS should I include my son or is the AOS done when he gets here?
Once more I have no idea, but I'm sure someone else will help. Nuevamente no sé la respuesta a esta pregunta con certeza pero estoy segura que alguien más va a ayudar.
Thanks a lot to whomever can help with my confusion.. and may God bless you.
I hope I was of help.

Wow, scare tactics and misinterpretation of the TOS are bliss for some people here. Then I started thinking, why is there a forum about AOS from multiple visas, B2 included?
As Valerie has said, it is possible, I am another example of this. We had no problems whatsoever, and we are now done for 2 years...
To the person that said you cannot get into the US and marry, you are wrong. My now wife stayed with me in Mexico, we got married, and came back to Mexico. Adding to this, a couple of inspectors talked with us about how we'd go about living together. Back then we were planning to go for the CR-1, but after a couple of weeks with her in Tampa, and a talk with my lawyer, we made the decision, without breaking any rules.
An IO needs to have a really terrible day in my opinion, to start arguing about intent. This is very subjective, unlike other red flags out there. If the OP, like many of us, DID NOT intend to stay permanently, and then changed his mind, and has the means, it is an option.
Having said that, it all falls on the intent to immigrate. If you enter the US to stay for good, you are toast. If you decided to stay after planning to be with your wife, you are good to go.

I read the OP's question as that the spouse was already here, maybe they had come in for a visit, and now wanted to adjust. I wanted to see stats from you because you are suggesting that it may be more common to have a hard time than an easy one with a scenario like this. Since we have rarely seen anyone refused AOS, and intent only seems to be an issue if there is an obvious misrepresentation, I'm not sure what you are basing your comments on. I'm not saying there won't ever be a difficult interview, I am saying I haven't heard of any instances where it was an issue.

There's a lot of confusing answers around here. First off, you don't have an I-94 that is for people who are traveling with visas. You do not have one.
When they ask you what kind of visa you have; you write VWP. And when they say which is your I-94; you just write N/A (Not applicable).
Traveling is not recommended while Adjusting Status (unless you have an advance parole document IN YOUR HAND). If your applications have not been approved and you leave it's like you're giving up on them and the process is canceled.
Do you need to leave? If so, my recommendation would be not to file for Adjustment of Status but to apply for CR-1. While applying for CR-1 you can come and visit all you want.
Another important thing that has been said is that when you're on the VWP you've got no right to appeal whichever decision is taken, so if your AOS is denied you'll have to go back home. (And there has been some talk lately of VWP not being accepted and being more and more delayed)
Last but not least, if your case is straightforward, as it has been said, you do not :Need: to hire a lawyer and spend tons of money, although it might be advisable if you're not so sure about what to do.
Hope this was useful. Happy filing!

I think your expected response (from Muslims only) is a little over the line. Intimate questions are not just offensive or unusual to Muslim but equally offensive/unusual to anyone else regardless of their faith and religion. So for you to assume that questions like 'sex position' can only be too intimate for Muslims, is a very odd and frankly wrong assumption. Somehow you are implying that non-Muslims are not offended by these questions OR that a person of non-Islamic faith would not be hesitant to answer these question. I guess what made me agitated about your post was the specific requirement that only Muslims reply to this post and what I dont understand is how you could assume that all Muslims (of over 50 countries) could think the same way. There is nothing common between Muslims and answers to 'sex positions' (unlike Muslims and Halal food). You may get the same response from people of different faith and different one from a Muslim. For example, I expect a Turkish Muslim to be very open minded and a person of Catholic faith to be more aligned with your way of thinking.
Sorry, I dont mean to drag this into some sort of political debate but it just aggravates me when people tend to segregate themselves solely based on religion.
Now, as a Muslim I would not hesitate if they are really interested in the position. Its not like I really have to see those people ever again in my life.

You got married because you didn't want to be apart, not solely for immigration purposes. They just want to see that you are a real couple and are starting your lives as husband and wife. Don't feel so guilty about it

It's difficult to say. The Administrative Appeals Board of USCIS has not been consistent about this. Here are some examples.
http://www.uscis.gov/err/A2%20-%20Certification%20of%20Cuban%20Adjustment/Decisions_Issued_in_2006/May232006_01A2caa.pdf
In the above case, the Cuban came to the US on a K1 visa, married his USC petitioner, but did not adjust status based on the marriage. After more than a year in the US, the Cuban applied for adjustment of status based on the CAA. The field office director initially denied the application, citing section 245(d) which doesn't permit USCIS to adjust a K1's status based on anything other than marriage to the K1 petitioner. The AAO said that 245(d) only applied to K1's who were adjusting status under subsection (a), which is immediate relative of a US citizen. They determined this didn't apply to someone adjusting under section 1 of the CAA. They overturned the director's decision, and approved the adjustment of status.
On the other hand...
http://www.uscis.gov/err/A2%20-%20Certification%20of%20Cuban%20Adjustment/Decisions_Issued_in_2009/Apr062009_01A2caa.pdf
In the above case, an alien from the Dominican Republic came to the US on a K1 visa, married the US petitioner, got a conditional green card, and subsequently divorced the USC 15 years later. She never filed an I-751 to remove conditions on her green card. Consequently, her status was terminated in 1996.
Now, it gets really complicated...
She remarried to an alien that entered illegally, and her new husband had adjusted status supposedly based on the Nicaraguan Adjustment and Central American Relieve Act (NACARA). The applicant's attorney said this isn't true - the NACARA didn't exist in 1993 when the girl's new husband initially adjusted status, and that USCIS was basing their accusation on an erroneously printed green card. They claimed her new husband DID adjust status based on the CAA.
The AAO determined it didn't matter whether he adjusted based on NACARA or the CAA - the fact is that he was ELIGIBLE to adjust under the CAA, and that made HER eligible to adjust as his wife.
Here's the kicker...
The AAO rejected the director's decision that she was ineligible to adjust based on the CAA, but instead of approving her AOS they sent it back to the field office for readjudication. Why? Because she originally entered on a K1, and never received unconditional permanent residence based on that original marriage. They suggested in a not too subtle manner that the field office director reconsider her eligibility in light of the K1 restrictions in section 245(d) of the INA. In other words, they were basically saying that the field office director was right to deny her, but he used the wrong reason.
This second case was from April of last year, so they haven't firmly resolved whether the CAA overrides the K1 entry in every possible circumstance. My guess is that it probably depends on the immigration officer because adjustment under the CAA is still discretionary. If they deny because of the K1 entry then you could always cite the first case above as a precedent in your appeal.

If it is a work visa that allows dual intent, such as an H1B for example, it could be done safely. Not by CR-1, but by filing an I-130/I-485 and adjusting status in the USA.
If it is strictly a non-immigrant work visa, it would probably be very difficult to do succesfully without misrepresenting the facts. To get the work visa, he would have to convince USCIS that he does not have immigrant intent. That would be hard in the first place. Then adjusting status would display clear immigrant intent.
IMO, there would be a real risk of them finding visa fraud if it's done this way, increasingly so if it's done in a short time frame. And if the question of immigrant intent comes up at the AOS interview which it could, you are between a rock and a hard place. Telling the truth would result in a finding of visa fraud, and lying, well no need to even go there.
I'm not familiar with the CR-1/IR-1 route, but if it can be done the way Dan + Gemvita suggested, that would seem to be a safer way of doing it.

LotofPatience - mend your attitude. Personal attacks and aggressive posts such as you have been making are a violation of the Terms of Service for Visa Journey. As well, you are giving out inaccurate information. I have removed a number of your posts that are categorically wrong as well as a post by another poster that suggests the OP commits Visa Fraud.
The OP stated from the beginning that they were intending to pursue the CR-1 visa and asking if it was legal to visit the US during the process. Yes - it is legal but it depends upon the border guard at the POE if they will allow you into the country or not.
YOU introduced the subject of coming to the US and applying for AOS while on a visitor's visa after entering WITH INTENT. You introduced the topic of Visa Fraud and offered this as an option to the OP. This is also a violation of the Terms of Service for Visa Journey.
The OP never made any such statement of intent. You have since attacked others who entered the US on either a visitors visa or on the Visa Waiver Programme WITHOUT INTENT and accused them of visa fraud because they took advantage of the legal option to adjust status from within the US if there was no intent upon entry to remain in the US. You are also incorrect about appealing a denial of an AOS from a VWP applicant - if it is denied, there is no right of appeal under immigration law and that individual must leave the US and pursue a CR-1 visa.
Please take the time to become more familiar with the real legalities involved and do not put words into people's posts and then attack them for the concept that you introduced.
I am going to take advantage of the new mod tool administration just set up - to prevent any further mis-information like this continuing in this thread I am restricting your participation - you are no longer allowed to participate in this thread.

No, AOS is not longer at all. Thing is, you have to be in the US to do it. You can't come to the US with the intent to immigrate on a non-immigrant visa.

Nope 5 years is for other people, spouses get are eligibile in 3. Here:
http://www.uscis.gov/files/form/n-400instr.pdf
The instructions say
"Who may file" (I quote the relevent parts)
2. A lawful permanent resident for at least 3 years and at least 18 years old.
AND
You have been married to and living with the same U.S. Citizen foe the last three years.
AND
Your spouse has been a U.S. Citizen for the last three years.
So yay for everyone!