Inviting all B2 married to USC

Still Waiting

Hey guys i am still waiting for my answer, this is really frustrating at time. it has been 10 months no answers, infopass say when we will make a decision will inform that's it.
Anyone out there in similar type of case.:(
 
I was here on B2. Got married last year..went back home and came back here few months later..then filed everything a month after. I didn't know that it's not right to file eveything when you are on B2.

It's just that I don't want to wait months or years to come back here and be with my husband.

Luckily I didn't have any problem with it.
 
interview experience

You are one of the lucky one to get through this smoothly. Can you share interview experience with everyone?

Thanks.

I was here on B2. Got married last year..went back home and came back here few months later..then filed everything a month after. I didn't know that it's not right to file eveything when you are on B2.

It's just that I don't want to wait months or years to come back here and be with my husband.

Luckily I didn't have any problem with it.
 
I have a friend who did the same thing. Came here on B2, got married to USC. Went out of the US on honey moon, came back (with B2) and now he is filing for AOS...
 
It all boils down to an individual's comfort level and choice. As a Canadian living less than 100 miles from the US border, I used to make very frequent trips to the US. At times, "Hi, I'm Canadian, two days, visiting my friend/family/firm's branch" was enough to enter the US. However when the time came, I chose the K-1 route to come down and get married. For me getting on the wrong side of USCIS was secondary. Primary was my own conscience telling me that "It is wrong to enter the US on a B-2 and adjust status". I listened to myself. It was as simple as that.
 
I told my interview officer the truth why I am here on B2. I was thinking about the spouse visa too but from my research, it takes too long. And as stated in the form that B2 is not forbidden to AOS so we just take that as a yes.

I think it's all about your intention and how good you can convince the officer on your interview.
 
I told my interview officer the truth why I am here on B2. I was thinking about the spouse visa too but from my research, it takes too long. And as stated in the form that B2 is not forbidden to AOS so we just take that as a yes.

I think it's all about your intention and how good you can convince the officer on your interview.

OK so let me get this straight - it wasn't convenient for you, so you found another way. Do you know how many people are in your position? What makes you so special in thinking that you can cut the corner if it takes too long for you.

In any event, these are your personal choices, but I strongly caution you to NOT give erroneous advice to others.
 
in what part I said im special

if you just read it carefully you will see that im not giving any advice cos I know i'm not in the position that to give any advice to anyone all i can do is just sharing my experience.

before accusing someone please read and make sure you understand it correctly.

and just to let you know your USCIS formula you gave me on my first thread don't work very well. can I call it error?
 
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I am not encouraging any one to enter on B2 and marry USC but for your information purposes if you are knowledgeable you can get away with it.
Provided you do not have any other negative factors in AOS you can adjust status.

Hopefully it helps


Preconceived Intent and USC Case: If immediate relative, tell the INS officer to read his INS Operations Manual at OI 245.3(b)
"In the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain. Matter of Cavazos, Int. Dec. 2750 (BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981)."

The question often arises “May an ‘immediate relative’ of a United States citizen apply for adjustment of status shortly after arriving in the United States?” The answer is yes. This matter has been considered by the Board of Immigration Appeals and resolved in favor of applicants.



BIA decisions are, by law, binding upon all CIS officers. In an important precedent decision, Matter of Cavazos, 17 I&N Dec. 216 (BIA 1980), the Board of Immigration Appeals reviewed a matter in which an application for adjustment of status had been denied because of “pre-conceived intent.” In that case, the applicant entered the United States and, that same day, married a United States citizen. He was put into deportation proceedings as an overstay and he applied for adjustment of status. The immigration judge denied the adjustment application on the basis that the applicant had the pre-conceived intent to immigrate to the United States when he entered as a nonimmigrant. The Board reviewed the facts of the case on appeal and reversed the judge’s holding.



The BIA first noted with approval the policy of the former INS to waive this basis for denial in the absence of any other negative factors. The Board held:



“We believe, however, that the policy manifest in the Instruction, i.e., to favor immediate relatives seeking a grant of adjustment of status by essentially negating preconceived intent as an adverse factor in meritorious cases , may appropriately be adopted by the immigration judge and the Board in exercising discretion on applications for relief under section 245.



The finding of preconceived intent was the only negative factor cited by the immigration judge in denying the respondent’s adjustment application and no additional adverse matters are apparent in the record. A significant equity is presented by the respondent’s United States citizen wife and child. We conclude that a grant of adjustment of status is warranted in this case and will sustain the appeal . . .”




Subsequently, this holding has been cited with approval by the BIA in similar cases.



Essentially, in the absence of any serious negative factors, this holding stands for the proposition that “preconceived intent” is a legally insufficient reason to deny adjustment of status to an immediate relative of a US citizen.
 
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