B2 to AOS is legal

[Jacob1213]

Applying to AOS on B2 visa while the i-130 already been approved for consular processing and case is sitting at NVC since June 2021 is legal? Applicant is spouse of USC. Aos is safe or consular office in sense of denial ? How long AOS take to complete and how long it will take for getting EAD? Any suggestion or advice will be appreciated. Thanks

[newacct]

AOS from B2 has always been legal. What is not legal is misrepresenting your intention, saying you intended to stay temporarily and leave on time, if you actually intended to file AOS and not leave, to the visa officer when you applied for a visa or to the immigration officer at entry.

[Jacob1213]

I don't know what that intention word exactly means when I was in front of visa officer and even CBP I told them that I'm going to visit my wife and I will stay there 160 days. Now when it's almost time for leave my wife is getting depression she keeps waking up in night and crying just bcz of thought that I'll have to leave and she will be alone. I've fear that this condition will lead her to hospital. I have no idea what to do in this situation and how exactly I would be able to prove my intention to USCIS officer.

[Fco1979]

I don't know what that intention word exactly means when I was in front of visa officer and even CBP I told them that I'm going to visit my wife and I will stay there 160 days. Now when it's almost time for leave my wife is getting depression she keeps waking up in night and crying just bcz of thought that I'll have to leave and she will be alone. I've fear that this condition will lead her to hospital. I have no idea what to do in this situation and how exactly I would be able to prove my intention to USCIS officer.

Maybe a good option for you is try to extend your I94 base on your B2.

reading about this scenario, could be a risk for your case. If you want to follow the AOS path, a better idea is ask to an attorney.

good luck

[newacct]

Maybe a good option for you is try to extend your I94 base on your B2.

reading about this scenario, could be a risk for your case. If you want to follow the AOS path, a better idea is ask to an attorney.

good luck

This is a bad idea. Not only is is it completely unnecessary (Immediate Relatives do not need to be in status to do AOS), but B2 extension of stay requires you to make a statement about plans on leaving. Such a statement would be fraudulent if you intended to do AOS at the time.

[Enub4]

I don't know what that intention word exactly means when I was in front of visa officer and even CBP I told them that I'm going to visit my wife and I will stay there 160 days. Now when it's almost time for leave my wife is getting depression she keeps waking up in night and crying just bcz of thought that I'll have to leave and she will be alone. I've fear that this condition will lead her to hospital. I have no idea what to do in this situation and how exactly I would be able to prove my intention to USCIS officer.

If your idea when you entered the USA was to just stay a few months but now that changed, then you may request to do AOS. Be prepared with information on why that changed. Depression is a serious problem and you need to do something to avoid that. If your wife had a specialist visit or something to support your situation that will help your case. Good luck and I hope your wife gets better.