Inviting all B2 married to USC

J

jamesbrown

Registered Users (C)
Hey Guys,
I am starting this new thread for all guys can to us on b2 and married to usc. And have applied for aos (i485/i130/i131).
Please share your experince here in this thread.
Thanks
 
holding a B2 to enter US and marry to a USC is ILLEGAL (but many ppl did it and adjust their status), u have to take yr own risk!! and this is ILLEGAL!!!

many people in this forum will suggest u to do a fiance petition, or marry in yr home country and undergo the consulate process
 
Micmic is correct. Having the intent to enter the USA as a visitor, either on B2, Visa Waiver, or if you Canadian...able to enter without a visa, and then get married is totally illegal. A change of circumstance or a spontaneous decision is different. I believe this can go favourably but its a hard road.

I myself entered as a visitor to stay with my long term boyfriend how is a USC. While I was here I found out I was 1.5 months pregnant and we decided to get married. We have filed I-130 and will be filing I-485 and EAD application. Currently I am waiting to hear from my lawyer if it would be more favourable to start paperwork for a K3 and leave the US until I get approval, or to wait here. I have not worked illegally, or overstayed any visit in the two years my husband and I dated. But doing something illegal is not worth it to me to risk being without my family forever. I will certainly post any information I get. Great idea for starting this thread though...we could get some good information going on here.
 
micmic said:
holding a B2 to enter US and marry to a USC is ILLEGAL (but many ppl did it and adjust their status), u have to take yr own risk!! and this is ILLEGAL!!!

many people in this forum will suggest u to do a fiance petition, or marry in yr home country and undergo the consulate process
Click to expand...

Hi:

Your blanket statement is an overgeneralisation. Holding a B2 visa and doing AOS is not PER SE illegal. There are many conceivable situations where AOS would be fine under the circumstances. It ultimately boils down to the question of intent. However, I DO AGREE that many do use this route illegally and it should not be encouraged.
 
i am a b2 holder so far no problem with uscis file application
i485-i765-i130 nd oct 30 2006
bio-nov-14
rfe-nov 16 i485
uscis got rfe-dec 13 2006
said wait 60 days before process is completed
january 17 got e-mail for ead wait 30 days
 
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I came here on B2 visa too. I didn't have any problem and the Immigation officer didn't ask any question regarding to B2 visa. (we may be lucky)

My suggestion is try to prepare all the documents, bank statements... as much as you can before attend the interview.(make photocopies of all the paper work). You can give the photocopies to IO directly when they want them. (it's happen to us and our IO was impressed).

P.S. our interview was less than 15minutes.
 
If you enter on a B2 and get married that week...red flag. My wife entered on a B2, with no intent other than to return to her home country with her daughters when the school year finished. I ended up asking her to marry me (we had known each other for 2 years) while she was in the U.S. It was more than a month after she arrived. Over 30 days, not so much a red flag, over 60 even better. We do not anticipate any issues with it, but one never knows.
 
B2

Hey guys,
I got this strange rfe on my i130/i1485 case they have asked me
1.for my bank account in India
2.for my employement before coming to usa
3.if my wife has traveled outside usa in past 2 years that tickets and stuff.

Well my application is family based (married to usc)and it is totaly out of track to ask these documents and delay the process. Can somebody tell me what are they fishing about.???? Just making the simple case complicated.
 
1 &2, it looks to me that CIS is suspecting your immigration intent when you came to the US under B visa.
Or another possibility is they have doubt to authenticity of document that you submitted to consulate upon obtaining B visa ?
 
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b1/b2 visa
married usc
i485-i130-i765 nd oct 30
bio nov14 2006
rfe-nov 16 medical/tax transcript for affidative
email-uscis got rfe-dec 14 says wait 60 days
january 17 2006 email ead card production order wait 30 days
 
jamesbrown said:
Hey guys,
I got this strange rfe on my i130/i1485 case they have asked me
1.for my bank account in India
2.for my employement before coming to usa
3.if my wife has traveled outside usa in past 2 years that tickets and stuff.

Well my application is family based (married to usc)and it is totaly out of track to ask these documents and delay the process. Can somebody tell me what are they fishing about.???? Just making the simple case complicated.
Click to expand...

Hi:

They are asking for unusual things indeed. It may indicate some suspicion. Remember, you will have to prove that you came in on B2 with NONIMMIGRANT INTENT and that you had a bona fide change of intent after you arrived. If the officer sticks closely to this rule, as he/she should, it can be quite hard, but not impossible, to show. Just because some officers have not scrutinized this as much in other cases, does not mean that your officer won't.

B2 - AOS is a risky situation, because there is much abuse with it. While there are some legitimate couples ( e.g. the one spouse never expected to stay, then met the other person, fell in love and stayed etc.), many try to use it as quick way around the consular processing/fiancee visa process.

Additionally, even if it is a legitimate couple, it is only natural for an officer to start of with an inherent suspicion. Most people date for a while before they get married, and so when someone enters and "meets the love of his/her life" and gets married 30 days later, it is suspicious. Now, of course these things happen and I am not saying that it is inherently wrong; merely noting that it is natural for an officer to start off with suspicion ---- the burden is on you to prove your good faith change of intent after entry.
 
As pianoplayer stated they are looking to see whether you had intent to stay in the US when you arrived on B2. They are looking to see whether you had any ties to return to India. If you did things like leave your job or close or empty bank accounts it will suggest to them that you had no intent to return to India which would then be grounds to reject AoS.
 
B2

Hey guys,
Thanks a lot for all that thought about this letter, it just kinda off puts me back to one question.
I have not been employed since i have been here as i recently received my ead and social.
But i the i485 form i wrote about my previous employers, i was with them on contract bases, that mean end of contract means end of job, this is like 7 months contract. Should i attach document for my previous employer in india or i should just write a letter that i have been unemployed since i have been here and still looking for a job (which is actually going to start in 2 weeks time) should i like attach the appointment letter which i am going to get in 2 weeks time, will that help me in any case????
And does all these document need to be notarized before sending them to cis.
:confused:
 
I'm not sure what any documents about your employment here in the US will do to help your case. What CIS is looking for is proof that you intended to return to India when you first arrived on B2. That's why they are wondering whether you had an ongoing job there or bank accounts etc etc
 
jimothy said:
I'm not sure what any documents about your employment here in the US will do to help your case. What CIS is looking for is proof that you intended to return to India when you first arrived on B2. That's why they are wondering whether you had an ongoing job there or bank accounts etc etc
Click to expand...

Yes, I second this. USCIS is clearly interested in your situation in India BEFORE you came to the US. It all goes to the issue of intent - they want to make sure you did not have immigrant intent when you entered on a nonimmigrant visa.

Since intent is hard to pin down, USCIS can obviously not consider subjective intent, since they cannot get inside your head. The law looks for objective manifestations of intent; hence the request for these documents. I suggest you start hunting for these. Good luck.
 
b2

Hey guys,
Thanks again, ya i had no intent it just happened, anyways. Once again i would request all you guys out there who got married on b2 lets share our experinces here under one thread. :cool:
 
jamesbrown said:
Hey guys,
Thanks again, ya i had no intent it just happened, anyways. Once again i would request all you guys out there who got married on b2 lets share our experinces here under one thread. :cool:
Click to expand...

Hi:

One final comment. While it is fine to try and get opinions from others in a similar situation on here, I would advise you to be careful about the responses you get. These cases tend to be fairly fact-specific, and are risky as is. A good dose of discretion by the AO is involved too. And of course, some people take more risks than others.

At the end of the day, take someone else's experience for what it is --- someone else's experience. The facts of your case may be quite different to the facts of someone else's case, in a quite subtle way.

Getting some proper legal advice and guidance from a local immigration attorney would not be a bad idea in your case ---- you now know that you are already under suspicion.
 
B2 ...process in US or from outside

First thank you all..really good source of information.

I'm undecided to apply for GC in US AOS or filing form my country form 1-130...and K3
I'm a B2 holder and my wife USC..we just got married .

What is in your opinion the safe, secure and faster way??

Also if i decide to first option ...my fear is how much i'll be unable to work legally ..

thanks
 
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