B2? Green Card?

[juebbtoe]

Hi,

I have a few questions here, please help out.

Firstly, Whether who married americam citizen will get green card does not matter he entered USA by B-2 visa with " no extension, no adjustment letter" on?

Secondly,How long normally it will go through for FBI name check? within 30 days?

Thirdly, Does immigration officers have any rights to decline the green card case basic on the true marriage?

Thanks in advance

[cherr1980]

1. If your I-94 or passport got a stamp at the POE (port of entry) that states "no extension, no adjustment letter or status" on then you cannot adjust status.
A B1/B2 visa can adjust status, but if there are a stamp or note about "no aos..." on it, you can't. That is why they put that note there, so if you try to adjust status the people at USCIS will see that you wasn't authorize to do so. Now, that doesn't mean that you can't send the forms and send the money (that won't be return), but be aware that it is must likely that at the end of the process you will received a notification or something about it.

2. Nobody knows the timeline for FBI name check, but everybody for permanent residency must undergo the name check.

3. YES. You are applying for a benefit not a right.

Good luck,

[juebbtoe]

Thanks for your reply. Is there any chance I can get this case approve? Is there same case happend and approved before?

[ari4u]

Originally Posted by juebbtoe

Hi,

I have a few questions here, please help out.

Firstly, Whether who married americam citizen will get green card does not matter he entered USA by B-2 visa with " no extension, no adjustment letter" on?

Secondly,How long normally it will go through for FBI name check? within 30 days?

Thirdly, Does immigration officers have any rights to decline the green card case basic on the true marriage?

Thanks in advance

Like Cherr mentioned, you cannot adjust status within the USA if your passport has NO AOS, NO COS, NO EOS written on it. However, "if you qualify", you can file for immigration after going back to your country.

You must however note that the "No AOS...." stamp on your passport might pose a big problem in the future to get another B visa to the US. You shouldnt be surprised if you get denied for a B visa. Since you are already marreid to a USC, you should go back and file for immigration at your nearest consulate as you cannot adjust status within the USA.

[juebbtoe]

Thanks response. I can't leave usa without greencard approval because I can not come back any more. My B2 visa is expired 2 years already. Do I have other choice?