Filing I-130/AOS while on B-2

[sasaqlain]

I have gone through so many websites, with so many different answers to my question. Is it legal to apply for an I-130/I-485 if you are in the US on a B-2/B-1 and recently married to a USC, with no fraudulent intent? If so, Do I Just file and let fate take its course at the interview? Is there anybody at this forum who has had a similar experience and would like to share it with me.

PS: For those who wish to know more about my position, in order to advise, I have been visiting the US for the last 15 years frequently on B-1/B-2

[Mimimi]

Filing I-130/AOS while on B-2

I have gone through so many websites, with so many different answers to my question. Is it legal to apply for an I-130/I-485 if you are in the US on a B-2/B-1 and recently married to a USC, with no fraudulent intent? If so, Do I Just file and let fate take its course at the interview? Is there anybody at this forum who has had a similar experience and would like to share it with me.

PS: For those who wish to know more about my position, in order to advise, I have been visiting the US for the last 15 years frequently on B-1/B-2

The 15 years of frequent on B1/B2 will have been advantageous if you were married to a US citizen for 15 years. If I read your posting right your marriage was quite recently so your earlier visits will be viewed in the light that you had no motivation to immigrate then. Now that you are married to a US citizen any subsequent entries into the US will be viewed as an attempt to immigrate.
It is legal to apply for an I-130/I-485 whilst in the US on a B1/B2 on condition that you did not come into the US with the intention of immigrate. You might be required to show that specific unforeseen circumstance have occurred upon your entry into the US requiring your I-130/I-485 application.
Generally, if you apply for apply for an I-130/I-485 on a B1/B2 it is best to apply after living in the US for 3 months. If you apply earlier than that it becomes your responsibility to prove to the immigration authorities that you initial purpose of entry into the US was not to immigrate. If you apply after 3 month the responsibility falls on the immigration authorities to show that you came into the country to immigrate and not other circumstance led to your decision to apply.
I hope this helps!

Mimi

PS. this is not legal advice as i am not a qualified attorney

[sasaqlain]

Mimimi,
Thank you for your valuable input and advice. My intention to come to the US was to get married and then go back home and apply for the spouse Visa, I am assuming K and wind up my affairs there while in process.Now that my wife is expecting, things are different.We had simply applied for the I-130 as yet. So, am not sure how this will be taken by the interviewing officer, But I feel, I should stay put and apply for the I-485 as a follow-up, otherwise, I will have to go back and apply from my home country and that could mean leaving my wife behind and abandoning my unborn child when they need me the most. I am in a fix.