B2 visa to Green Card

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visacheck

Registered Users (C)
i am currently in the u.s with a B2 visa. i am married to a permanent resident, we got married in my home country last DEC 2007. i arrived here last APR 2008 and i am allowed to stay until MAR 2009 (extension approved). my wife will have her naturalization interview in NOV 2008.

my question is... assuming she passes her interview and gets her oath taking say 2-3 months after, can she file for i-130 and concurrently file i-485, i-765 etc.. while i am still here in the U.S? ive read posts that says the best option is to apply for K1/K3 visa instead of i-485. are applicants who are in the U.S under B2 visa eligible for K1/K3 visa? i dont see the point why one would apply for K1/K3 visa and not i-485 directly when you are already in the U.S. i know applying for i-485 with B2 visa would look like there was intent to stay upon entry in the U.S but wouldnt the intent still be there if someone with B2 visa apply for K1/K3 visa (assuming tourist are eligible to get K1/K3 visa).

help needed! thanks!
 
Since you are already married, K-1 is not an option.
You can adjust your status to that of a permanent resident while staying inside the US. Just be prepared to prove that when you last entered the US on your visit visa, you did not have the intention to AOS. Best option in my opinion would be to leave the US and return on a CR1 visa.

visacheck said:
my question is... assuming she passes her interview and gets her oath taking say 2-3 months after, can she file for i-130 and concurrently file i-485, i-765 etc.. while i am still here in the U.S? ive read posts that says the best option is to apply for K1/K3 visa instead of i-485. are applicants who are in the U.S under B2 visa eligible for K1/K3 visa? i dont see the point why one would apply for K1/K3 visa and not i-485 directly when you are already in the U.S. i know applying for i-485 with B2 visa would look like there was intent to stay upon entry in the U.S but wouldnt the intent still be there if someone with B2 visa apply for K1/K3 visa (assuming tourist are eligible to get K1/K3 visa).
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Triple Citizen said:
Since you are already married, K-1 is not an option.
You can adjust your status to that of a permanent resident while staying inside the US. Just be prepared to prove that when you last entered the US on your visit visa, you did not have the intention to AOS. Best option in my opinion would be to leave the US and return on a CR1 visa.
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thank you for your prompt reply. K3(i-129f) would still be an option for me right?! but seeing that the processing time for i-129f and i-130 are both 6 months.. ofcourse it would be logical to go for the i-130(CR1) plus the fact that i dont have to file for i-485 and i-765.

i have a few more questions...

1. can my wife file i-130 and i-129f concurrently just in case the K3 visa gets processed first.

2. can my wife file for i-130 while im still here in the U.S, i will maximize my allowed stay here in the U.S then go home few days before i-94 expires? that way we will not be separated for the whole petition process.

3. if the answer to question number 2 is YES, can i apply for i-765 (EAD) without a lodged or pending i-485? i ask this because to show USCIS good faith, i will not apply for i-485. just maximize my i-94 then go back to my home country.
 
A1: First she submits an I-130. When she gets a receipt of the I-130, she submits an I-129F.
A2: Yes you can be in the US when she submits an I-130
A3: No, you become eligible for an EAD only when you submit an I-485.
 
Triple Citizen said:
A1: First she submits an I-130. When she gets a receipt of the I-130, she submits an I-129F.
A2: Yes you can be in the US when she submits an I-130
A3: No, you become eligible for an EAD only when you submit an I-485.
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once again thank you for your reply triple citizen. i have one more question, what happens if i decide to file for i-485 while i am here in the U.S under B2 visa and it gets denied but i-94 is still valid and/or after i-94 expired (assuming the interview didnt go well)? will i be deported and will my 10 year multiple visa be cancelled and get 3/10 year ban?
 
Getting an AOS interview while your I-94 is valid is in itself a rare occurrence for those who are AOSing from B-2 to start off with. If it is denied, then you have bigger problems than worrying about your multiple entry visa. Save yourself all potential grief and go the CR1 route.

visacheck said:
what happens if i decide to file for i-485 while i am here in the U.S under B2 visa and it gets denied but i-94 is still valid and/or after i-94 expired (assuming the interview didnt go well)?
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What do you mean by "If it is denied, then you have bigger problems " what kind of problems?

Getting an AOS interview while your I-94 is valid is in itself a rare occurrence for those who are AOSing from B-2 to start off with. If it is denied, then you have bigger problems than worrying about your multiple entry visa. Save yourself all potential grief and go the CR1 route.


Quote:
Originally Posted by visacheck
what happens if i decide to file for i-485 while i am here in the U.S under B2 visa and it gets denied but i-94 is still valid and/or after i-94 expired (assuming the interview didnt go well)?

__________________
 
If an AOS is denied, then either the sponsor could not meet the requirements, or worse, the AOS was denied due to USCIS doubting the validity of the relationship itself.

hope4ever said:
What do you mean by "If it is denied, then you have bigger problems " what kind of problems?
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my wife will have her oathtaking by this month. immediately after that, we will be filing form i-130, i-485, i-765 all at the same time. i have a few questions:

1. are we supposed to submit affidavit of support? is it mandatory when filing form i-130?
2. i am under B2 visa, can i file for applicaion for travel document i-131? will that form allow me to travel outside and go back to the united states while i-130 and i-485 is pending with uscis?
 
Yes, an approved AP document will allow you to travel and return. Just make sure you do not accrue more than 180 days of overstay before submitting your I-485.

visacheck said:
2. i am under B2 visa, can i file for applicaion for travel document i-131? will that form allow me to travel outside and go back to the united states while i-130 and i-485 is pending with uscis?
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Form I-134 & I-864

What is the difference between I-134 & I-864? Are these forms required when lodging I-130 & I-485? Which one should we use?
 
What is the difference between I-134 & I-864? Are these forms required when lodging I-130 & I-485? Which one should we use?
 
I read a post somewhere that in my case (married to a USC under B1/B2 visa fling for AOS) we need to use form I-864. Do we need to file it together with forms I-130, I-765 & I-485? Or we need to wait for instructions from NVC/USCIS after they review all the other forms?
 
I read on the instructions for I-485 that a medical certification is required, is this form I-693? What if all medical tests are not done yet before i submit I-130 and I-485, can i submit it separately? Will it make my application of I-485 incomplete?

Also, I have a few clarifications regarding some questions on Form I-130.

Question #15 - Name & Address of present employer, Date this employment began? ---- Is this question for Petitioner or Beneficiary?
Question #22 - Your relative is in the United States and will apply for AOS to that of LPR at the USCIS office in? City & State? ---- My wife (petitioner) and
I (beneficiary) are currently living in San Bernardino County, California. What should be our answer to this question?
 
Last edited by a moderator:
B2 to AOS

Hi All,
My wife and i were thinking of going through the CP process ,but we decided to do the AOS process,though i already have an approved i-130 and currently in US on B2 visa.I looked at the i-485 form and in the part 2,which states that"i am applying to adjust to a permanent residency status because" i was wondering what i should tick on here,as non of the categories seems to apply to me,i am an African and married to a US citizen.
Hope someone would advice me on what to do immediately!

Thanks.
 
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