Your thoughts/experience: Getting married on B1/B2 visa then AOS

[J726_PH]

Hello!

I would like to get your thoughts and appreciate it if you can share your experience of getting married on B1/B2 visa then AOS. Was the experience daunting? Would the process require a lawyer? Thank you!

[UScitizenFilingforspouse]

J726_PH Hi, my spouse adjusted status from F-1 through marriage to a US Citizen (myself). I cannot personally speak to the process of adjusting status from B1/B2 through marriage. I filed for my mother's green card when I became a citizen. She had originally entered the US on a B1/B2. By the time I filed for her AOS, she was of course, out of status. There were no issues. She had her EAD/AP within 90 days and green card within 5 to 6 months.

There are, of course, several factors to consider.

1. Is the individual already in the US?
2. If the individual is in the US, then is that individual out of status? Or is the I-94 still valid? (If they are already out of status, then it would make sense to just do AOS.
3. If the individual is not in the US, then you have to be very careful. You want to be sure that the individual does not enter the US with the intent to migrate to the US. That is a no go. If USCIS gets that impression at any point, then that is very problematic.

Plenty of people have taken this route. It is just important to note that adjusting from a tourist visa is not the preferred route. preferred route are, of course, K-1 visas and immigrant visas. But, of course, sometimes life just gets in the way and you have no other option than to adjust status. There are also other considerations now with the pandemic. Would the fiancee or spouse be able to return to their country and wait for either a k-1 visa or a spousal visa? If you were to get married and then opt for consular processing, this would mean that you would file the I-130 online first. And right now, it seems that USCIS is processing those rather quickly. So that is something to consider.

I would suggest looking through some of the experiences you will find on this thread. https://www.immihelp.com/forum/adjus...e11#post760990 Several people adjusted status from B1/B2.

Best wishes to you whichever way you decide to proceed.

USCFFS

[UScitizenFilingforspouse]

You’re welcome. And you do not need a lawyer *unless* there is some legal complexity that requires one.

[longee94]

Usually, lawyers are not required. They will charge you significant amounts of money for doing what is very simple work (if there are no complexities). What I would recommend, however, is hiring a lawyer to simply review your completed forms and evidence. I paid my attorney $1500 to review my I-485, I-751, and N-400. For them to file it for you, I believe it can be up to $3,000 per form.

[UScitizenFilingforspouse]

J726_PH Hi, there could be many complexities. I’ll throw a few examples your way:

1. did the intending immigrant cross the border illegally?
2. Do they have any type of legal troubles?
3. Is this a second or third marriage in which they’ve tried to adjust status?


i know my examples are way out there. If your future spouse is overstaying a tourist visa or adjusting from a student visa or adjusting from and H-1 B visa (employment), and there are no legal issues, then really, the two of you can read the instructions, ask questions on the forum if there’s something you don’t understand and even go to a free legal clinic to have someone look through the documents and make sure that everything is there.

there are folks who fill everything out, triple check it and then have an attorney review it for a lower fee.

but honestly, you can do it on your own. There are even YouTube videos. People in this forum are very helpful and again, nothing we say is legal advice. It’s all informed anedoctal recommendations or opinions. There are other forums like vi$@ journ3y where things can get heated and very judgmental. Not here.

I encourage you to continue to ask questions and read up on the experiences of others. That’s always helpful.

best wishes,

USCFFS

[smithshawn]

Hello!

I would like to get your thoughts and appreciate it if you can share your experience of getting married on B1/B2 visa then AOS. Was the experience daunting? Would the process require a lawyer? Thank you!

If you know the procedure then I think you don't need to hire a lawyer for this purpose. If you don't have any idea about it then you can hire a best lawyer when you will visit court. Just keep in mind that he will charge a heavy amount for this work.

[dannybm]

Hello!

I would like to get your thoughts and appreciate it if you can share your experience of getting married on B1/B2 visa then AOS. Was the experience daunting? Would the process require a lawyer? Thank you!

Getting married on a B1/B2 visa and navigating the Adjustment of Status (AOS) process is a significant step that requires careful planning and understanding of immigration procedures. Here's a guide to help you through the process.

1. Understanding the B1/B2 Visa Limitations:

• Be aware that a B1/B2 visa is a non-immigrant visa for temporary stays, and its primary purpose is not for immigration or marriage. Engaging in activities not allowed under this visa may have consequences.

2. Decision to Marry:

• If you decide to get married while on a B1/B2 visa, it's crucial to understand the implications. AOS allows you to apply for permanent residency after marriage to a U.S. citizen, transitioning from a non-immigrant to an immigrant status.

3. Legal Assistance:

• While it's not mandatory to hire a lawyer, seeking legal advice is advisable. An immigration attorney can guide you through the complexities, ensuring all forms are correctly filled out, and supporting documents are comprehensive.

4. Filing for Adjustment of Status (AOS):

• Initiate the AOS process by filing Form I-485 with the United States Citizenship and Immigration Services (USCIS). This form is for adjusting your status to that of a permanent resident.

5. Required Documentation:

• Prepare a thorough documentation package, including your marriage certificate, evidence of financial support, medical examination records, and any other documents specified in the AOS application guidelines

6. Biometrics Appointment:

• After submitting your AOS application, you'll be scheduled for a biometrics appointment. Attend this appointment to provide fingerprints and a photograph.

7. Work Authorization (EAD) and Travel Document (AP):

• You can apply for Employment Authorization Document (EAD) and Advance Parole (AP) simultaneously with your AOS application. EAD allows you to work, while AP permits travel outside the U.S.

8. Interview Process:

• USCIS may schedule an interview to assess the validity of your marriage. Be well-prepared with documentation proving the authenticity of your marriage.

9. Conditional Permanent Residency:

• If your marriage is less than two years old at the time of AOS approval, you'll receive conditional permanent residency. To remove conditions, you'll need to file Form I-751 within 90 days before the conditional green card expires.

10. Renewal of Green Card:

• If your marriage is more than two years old at the time of AOS approval, you'll receive a regular green card. Keep track of its expiration date and initiate the renewal process well in advance.

Conclusion: Navigating the process of getting married on a B1/B2 visa and applying for AOS can be complex. While legal representation isn't mandatory, consulting with an immigration attorney can provide valuable insights, ensuring a smoother transition to permanent residency. Be diligent in following USCIS guidelines, providing accurate documentation, and staying informed throughout the process.