B1/B2 adjustment to Green Card,relative

[Stephen Kasambo]

Team

I have a brother of mine who is a naturalized US citizen. I have been in US under F1 na B1 visa at a time. Now,my brother asked me to apply for US visa,B1 then soon after I enter the US he can file for me through Adjustment of status. He claims that this is possible and there will be no need to wait for 12years for my case to be in line. Need to know is this is workable and true.

Thank you



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[daggit]

Team

I have a brother of mine who is a naturalized US citizen. I have been in US under F1 na B1 visa at a time. Now,my brother asked me to apply for US visa,B1 then soon after I enter the US he can file for me through Adjustment of status. He claims that this is possible and there will be no need to wait for 12years for my case to be in line. Need to know is this is workable and true.

Thank you

After applying for the B1, inform the visa officer of your intention to Adjust Status upon entering the US. If granted a visa, you'll have the answer to your "..is this workable and true" question.

What country do you plan to apply at?

[Stephen Kasambo]

Daggit, i mean you apply the visa before pettion filled,you enter the USA then from there while you have arleady in USA you fill adjustment status form...

[Trinity71]

B1/B2 adjustment to Green Card,relative

Daggit, i mean you apply the visa before pettion filled,you enter the USA then from there while you have arleady in USA you fill adjustment status form...

Daggit knows exactly what you mean. He is making the obvious statement that coming here under a B1/B2 VISITOR VISA and then filing for a greencard is illegal and you will be committing fraud. But you already know that based on your response and your brother knows it as well.

Do people come here to "be a tourist" then get here on U.S. soil and file..... all the time. Why our immigration laws don't just deny every single person on a B1/B2 from adjusting their status I have no idea. Seems like an easy fix to a constant and ongoing problem.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[daggit]

Daggit knows exactly what you mean. He is making the obvious statement that coming here under a B1/B2 VISITOR VISA and then filing for a greencard is illegal and you will be committing fraud. But you already know that based on your response and your brother knows it as well.

Check

Do people come here to "be a tourist" then get here on U.S. soil and file..... all the time. Why our immigration laws don't just deny every single person on a B1/B2 from adjusting their status I have no idea. Seems like an easy fix to a constant and ongoing problem.

Because our immigration laws are broken, and it'll take an act of Congress... err, more like an act of God.. to fix 'em. Moreover, USCIS collects a nice fee for AOSing, so there is no real incentive to change things. I don't know what country OP is from (he avoided answering), but based on the numerous threads here on this forum, there is significant abuse of B2 visas by Indian nationals once they enter the US.

[TarCas]

Yes B1/B2 and VWP should be barred from AOSing. I dont believe you can AOS from a VWP but am not sure. This will also discourage visa over stay.

[Stephen Kasambo]

Daggit,From Tanzania.Sorry I forget to mention it initially

[helpmylife]

I dont see why you would say a B1/B2 visa holder should be barred from petitioning an adjustment of status. My wife came to me on a B1/B2 visa and we literally decided last minute that we couldnt be a part any longer then we already have. We were with each other for more then 2+ years just visiting each other over 3 times in each others country. On her last visit we decided to get married and adjust her status while she was here. Had we not of done this, who knows how long it would take for us to have the chance to do it any other way. The way USCIS/Immigration drags there feet even on lawful entry is absurd, granted I understand the amount of immigrants coming into the country.

Whos to say that when you find love that we cant be together? I am a US CItizen and it is my choice to marry a foreign citizen and if I want her to be here with me then it is my choice and responsibility. I do understand that there is alot of fraud occurring which is exactly why I understand how grueling the process can be, but I dont feel that they should make it any more difficult for legitimate human beings trying to improve there lives for the better.

[TarCas]

I dont see why you would say a B1/B2 visa holder should be barred from petitioning an adjustment of status. My wife came to me on a B1/B2 visa and we literally decided last minute that we couldnt be a part any longer then we already have. We were with each other for more then 2+ years just visiting each other over 3 times in each others country. On her last visit we decided to get married and adjust her status while she was here. Had we not of done this, who knows how long it would take for us to have the chance to do it any other way. The way USCIS/Immigration drags there feet even on lawful entry is absurd, granted I understand the amount of immigrants coming into the country.

Whos to say that when you find love that we cant be together? I am a US CItizen and it is my choice to marry a foreign citizen and if I want her to be here with me then it is my choice and responsibility. I do understand that there is alot of fraud occurring which is exactly why I understand how grueling the process can be, but I dont feel that they should make it any more difficult for legitimate human beings trying to improve there lives for the better.

Thats why there is a K-1 fiance visa or a IR-1 petition for your spouse at a foreign consulate. I highly doubt if your wife had told the immigration officer that she is going to use her B1/B2 to go and marry you in the states, she would have been allowed to enter.

[helpmylife]

She has been to the US on more then one occasion so when she requested her Tourist Visa, it was for the sole purpose of visiting, not marrying a foreigner and staying. Even on her 3rd visit it was not our intention, she had a car and apartment and work back home still, but before her visit had ended we decided that we wanted her to stay and be together. So we never deceived immigration laws, I decided as a US citizen that I wanted her to stay and live with me. Had we sent her back home, and went with the Fiance visa process, her Tourist Visa wouldve been cancelled and who knows how long it would be before she can actually come back and be a permanent centerpeice to my life?

The B1/B2 holders that are wrong are the ones abusing the system, theyre the ones who deserve additional scrutinization and ban from adjusting status, but for those of us who have legitimate relationships should not have to jump through multiple hurdles to be with the person we want to be with in our own country.

[Trinity71]

B1/B2 adjustment to Green Card,relative

I dont see why you would say a B1/B2 visa holder should be barred from petitioning an adjustment of status. My wife came to me on a B1/B2 visa and we literally decided last minute that we couldnt be a part any longer then we already have. We were with each other for more then 2+ years just visiting each other over 3 times in each others country. On her last visit we decided to get married and adjust her status while she was here. Had we not of done this, who knows how long it would take for us to have the chance to do it any other way. The way USCIS/Immigration drags there feet even on lawful entry is absurd, granted I understand the amount of immigrants coming into the country.

Whos to say that when you find love that we cant be together? I am a US CItizen and it is my choice to marry a foreign citizen and if I want her to be here with me then it is my choice and responsibility. I do understand that there is alot of fraud occurring which is exactly why I understand how grueling the process can be, but I dont feel that they should make it any more difficult for legitimate human beings trying to improve there lives for the better.

Many ruin it for the few as with many things in this world. The problem is you say your legitimate and so do the thousands that are not. No way to tell them apart so all go through the long process. I's not absurd, it's thorough, necessary and a serious issue. It doesn't stop all of the fraud but it certainly helps. People should follow due process and do the right thing even if it takes longer. There is a saying that nothing worth having in this world comes easy. I guess people can add this to the list.

This is my opinion and not legal advice. Use of this information is to be used strictly at your own risk.

Trinity71

[daggit]

AOS\COS from a B1/B2 is a loophole in the system exploited by the boatloads. Whether or not an immediate relative of a USC entering the US on a B visa has preconceived intent to AOS is debatable. I'm not sold on a poster here whose wife entered on a B2 and suddenly had a change of mind when all she entered with was a suitcase or two for a 'few weeks' declaration at POE. Was a I130 with Consular Processing ever filed on her behalf by the USC spouse?

Overall, my guess is a small minority of B2 holders enter the US with a genuine intent to return; others claiming a change of mind is just plain BS, a loophole that allows skirting the IV interview process at the embassy back home.

[helpmylife]

I absolutely agree with both of your opinions, there is no way to differentiate the legitimate truths from the deceit without a process, regardless of how grueling it is or not. I merely had an opinion that they dont need to make it any more difficult for US citizens to make a choice on how and who they want to spend there lives with. Granted the choice of marrying a foreign individual is on the US Citizen, knowing the process can take time and a bit of money. It has been almost a year since we filed our application with plenty of supporting documents showing our legitimate relationship and I cant even call USCIS as the petitioner to inquire about our application, yet they were so quick to cash the thousands of dollar checks with my name on it. The ones who are really exploiting the loophole are those on permanent resident status, never a US citizen, petitioning for another individual to immigrate.

My opinion they should allow US citizens relatives/spouses to immigrate and to begin the process of obtaining a green card after passing a 2 or so year supervision period to really verify the legitimate relationship status. Them skimming through documents and making a judgement on legitimacy is a joke. I have seen plenty of posts on here about marriages falling apart the moment the application was submitted but they would still adjust status and stay, those are the exploiters of the loophole.

[daggit]

, yet they were so quick to cash the thousands of dollar checks with my name on it.

That is the primary (only?) reason aos\cos exists.

. The ones who are really exploiting the loophole are those on permanent resident status, never a US citizen, petitioning for another individual to immigrate.

Not quite. Plenty of USCs are guilty of exploitation. (Not passing judgement, but you as a USC exploited the B2>>AOS loophole).