AOS from a B2 Tourist Visa Is this possible?

[roxy080]

Has anyone tried applying for AOS while on a tourist visa? I got married in Hong Kong and now I am in the US with my husband for a supposedly honeymoon/Long Vacation. But we just realized we cant live without each other and the hubby wants me to stay and not leave the US because the plane ticket costs a fortune.

Please help. Thanks - Mrs. Dawn

[IMAID]

Re AOS from B2 Tourist visa is this possible?

It is possible to adjust one's status from B2 or B1 to permament residnt but the problem is you will have to give them a VERY good reason for changing mind (to want to be a U.S resident). I think your reason (cost of airfare) is NOT ALL a good reason for them to approve your I-485, NO. And again let me go back a little bit to Hong-Kong: I dont know what you told them at the embassy/consulate for them to have given you the B2 visa but let me tell you that in case you told them/wrote in the B2 visa application form at the consulate or embassy that you were not married (unless you got married after you entered the U.S) or that you that your husband is not a U.S citizen nor a U>S resident they WILL ACCUSE you OF COMITTING VISA FRAUD,yu will be put on removal procedure and deportation and onced deported you won't be able to file even the petition before at least 5 years for you to be able to come back. But if you told them at the embassy/consulate you were married(if you were already married before you entered the U.S which is not likely they would give you the B2 visa) then the only thing they may accuse you of is having the intention to stay if you can't convince them of what made you change mind (forget about the ticket fare) and if they accuse you of that they still will put you on removal procedure.

[IMAID]

Re AOS from B2 Tourist visa is this possible?

Sorry I want to rectify this:
If you told them at the time of the B2 visa application at the embassy/consulate that you were not married they will accuse you of MISREPRESENTATION and if you dont give them a good reason why you decided to stay they will accuse you of COMMITTING A VISA FRAUD. For both you will be put on removal procedure and will be deported. If you are accused of misreprentation you will be banned for 5 to 10 years from entering the U.S and if you are accused of committing a visa fraud you will be banned from entering the U.S for 3 to 5 years or even 10 years depending on how long you overstayed after your I-94 expired (you will be banned for 3 years if you overstayed by 180 days after your I-94 expired or for 5 years if you overstayed by 1 year after your I-94 expired, "I think") but if you get to appeal I think there might be a law case that could favour you if you are an immediate relative of a U.S citizen. For being accused of misreprenstation you are inadmissible for lifetime into the U.S but if you are immediate relative (spouse or child or parent) of a U.S citizen you can apply for a Waiver of Ground of Inadmissibility to waive the ban but let me tell you IT IS NOT EASY AT ALL TO WAIVE A GROUND OF INADMISSIBILITY. It's evn easier to give them a good reason for adjusting status than to waive a ground of inadmissibility. Let me give you a down to earth exmple of something one could have to be abl to waive the ground of inadmissibility: if your partner has a kind of disability that he/she wont be able to do without you (forget about emotional feelings distresses or financial distresses) I think you will be able to waive the ground of inadmissibility.


I am not an attorney so you may seek the help of an Immigration attorney for you immigration matters.

[VGJ]

We're doing this

Hello,

My husband and I are going through this right now. We have not applied yet, but we hope to by the end of the week.

We have been married over 5 years. We lived together in another country for several years. My husband returned to his country over two years ago for work. Our child and I returned to the US over a year ago. The plan was for him to come on a 6-month visa, for me to file the I-130, and for him to return to his country to complete the process.

His visit was delayed over a year for work reasons. We could not apply for the immigration visa in the meantime because we didn’t know when he would be able to immigrate. He arrived on a B2 visa a couple of months ago. We had no intention at that time of applying to adjust his status. But several friends have insisted that there was no reason we could not. I ignored them for a while because I assumed they didn’t know the laws, our situation, etc. But the idea became so tempting that I began investigating the possibility. The more I read, the more I came to realize that we were within our rights to do so. I only worried that he would be suspected of intent to remain upon entry.

Finally, we made an infopass appointment to ask if there would be any problem. I did NOT want to jeopardize our perfect chances for his immigrant visa, and if I heard any hesitation or concern at the infopass, we would not be doing this. The USCIS officer waved his hand poo-pooed my concerns. He was much more insistent that we go through the applications with a fine tooth comb, make sure we answered every question, included all the evidence, etc. He advised us to give as much evidence of an ongoing relationship as possible.

My husband has applied three times for a B1/B2 visa since we’ve been married. Every time he indicated that he had an American wife. The first two times, I was not living in the US, but this last time, I was. Even though my husband had more than ample evidence of strong ties to his country, I wrote a letter this last time promising that we would not apply to adjust his status. You can imagine that this concerned me as well. I called the embassy and spoke to the officer who approved my husband’s B2 application. I said that if we would be stepping on any toes applying to adjust in light of my letter, we would not do so. He also poo-pooed my concerns and only strongly advised me to check the USCIS website to make sure my husband was eligible. He IS. As you probably are as well.
I agree that you should not give the cost of air tickets as your reason for changing intent. NOWHERE on ANY application are you asked to give your reasons for changing your intent or your reasons for wanting to adjust at all, only your eligibility. However, if you feel you want to include an explanation, just tell the truth. Faced with separation, you have decided you would rather immigrate now rather than later. You are ready and you are eligible to immigrate.

I was advised to wait a couple of months after my husband’s arrival to apply to give “reasonable time” for a change of mind/intent. It so happened that by the time we got our act together, a couple of months had passed. I’m not sure if the time is necessary, but it probably wouldn’t hurt. I would also advise you to make an infopass, if for no other reason than to gain peace of mind.

I have to say I’m not a lawyer, and I cannot speak from a position of success or completion. We are just starting this process, but I have done the research, and we are doing nothing illegal.

I wish you the best of luck whatever your decision.