B2 visa to AOS

[Amp79]

I’ve been on a visitor visa (B2) since November 2018. My B2 extension was approved by USCIS a few weeks ago so my current visa now expires on April 28, 2020. My USC fiancée and I were planning on getting married on March 17, get all the necessary forms done and then having my attorney file for my green card.

My question is what happens if I get married on March 17 but for whatever reason I am unable to get everything done in time to file for my green card before my April 28 expiry? If I’m married does that give me any breathing room to be out of status and file after April 28 or should I just go home to Canada and file from there? I guess I probably shouldn’t get married unless I know for sure I can file in time before the April 28 expiry right?

thanks a lot!

[newacct]

You are eligible for Adjustment of Status in your category even if you are out of status. So just focus on getting all the documents ready after your marriage and file when you are ready, even if you have to go past the expiration of your I-94.

[Amp79]

You are eligible for Adjustment of Status in your category even if you are out of status. So just focus on getting all the documents ready after your marriage and file when you are ready, even if you have to go past the expiration of your I-94.

Interesting, thanks. Is that a rule or is on a case by case basis? Is staying over status even though it’s technically allowed seen as a negative by USCIS when it comes time for my actual green card decision?
thanks again.

[newacct]

Interesting, thanks. Is that a rule or is on a case by case basis? Is staying over status even though it’s technically allowed seen as a negative by USCIS when it comes time for my actual green card decision?
thanks again.

That is a rule for the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen). It should not be a negative. For most other categories someone who has ever been out of status cannot adjust status (though there are more complicated rules for employment-based categories).

[Johnny6751]

From an immigration (INS) standpoint your "overstay" is forgiven just because you're married to a USC, which in this case you qualify. Remember, you're convincing the IO this is a real bona-fide.
The officer will take into consideration how long you've lived in the USA, how you entered the country, why you stayed, ECT. You need to proof this is a real bona-fide. Here are a few things I'd consider to be important.

-The wedding ring tanned line on your finger. If you're truly married you shouldn't take your ring off, right? The tanned line should be there.

-Electric bills or internet bills should be under both names.

-Car insurance or life insurance should be under both names.

-Costco or gym memberships under both names.

-Joint bank accounts, if you don't have them jointed, be ready to explain the officer very convincingly why you don't have them merged.

-Do you own or rent? If you rent, make sure the lease is under both names. If you have one bedroom, that's fine. If you have 2-3-4 bedrooms, explain why. Make sure to include all the housewhole names.

-Bring pictures of your apartment, explain the officer every single part of your home. I.e, this is our living room, this is our k itchen, this is our bedroom, ECT.

-Bring pictures of trips, friends and/or family gatherings.

-Bring pictures of the wedding. Even if it was a small city hall wedding, bring pics of it.

-Sign up for USPS daily digest informed delivery, print the emails that will show mail coming for your wife and yourself.

-Make sure you have a timeline of events, how you met, how you got married, how did you propose, ect., What did you have for breakfast before coming here, etc.

At the end of the day, it relies on every officer to determine whether your marriage is real or not. Just be confident and try to gather as much documents as you can. Do not file anything yourself, have an attorney do it for you. You don't want anything to go wrong at the interview or get a RFE later on.

Good luck!

[Amp79]

Thank you for the responses. Are there any links on the USCIS website that outlines this overstay provision. I’ve read the instructions for every form but cannot find it. Regardless I appreciate you both for taking the time to answer and provide me with this valuable advice.

[Enub4]

Thank you for the responses. Are there any links on the USCIS website that outlines this overstay provision. I’ve read the instructions for every form but cannot find it. Regardless I appreciate you both for taking the time to answer and provide me with this valuable advice.

From:
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;
• The applicant is not in lawful immigration status on the date he or she files the adjustment application;
• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;
• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;
• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or
• The applicant has ever violated the terms of his or her nonimmigrant status.

Hope this helps.

[Amp79]

From:
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Hope this helps.

It does! Thank you very much

[Amp79]

From:
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Hope this helps.

Sorry one question actually. Does this only apply if I was already married to a USC at the time I entered the US or does it still apply if I entered and then got married here?

[newacct]

Sorry one question actually. Does this only apply if I was already married to a USC at the time I entered the US or does it still apply if I entered and then got married here?

It applies as long as you are married to a USC now. Doesn't matter when you got married.