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Hi,
My husband and I got married in Feb 2018. We got married in the US. He proposed to me when I came to visit him and I accepted. We had our church ceremony in my home country Spain in May 2018. He has a pending EB2 AOS since May 2017.
It is my understanding that I am eligible for follow-to-join benefits since our marriage took place before the approval of his GC. I live and work outside the US and so I will file for consular processing when his GC is approved. His PD is still current (didn?t retrogress).
As an EU citizen, using the visa waiver program, I was able to visit my husband in the US four times already (three short visits and one long visit of 80 days). We got married during my second short visit in Feb 2018.
I always stated the purpose of my trips was pleasure and that was enough. The CBP officers never asked me about my husband who currently lives and works in the US while his AOS is pending and I have never mentioned him to CBP officers since we haven?t filed any paperwork and I have never been asked.
My question is would I be able to visit my husband when we file I-824? I would like to apply for B2 visa so I can stay for longer period of time, not to exceed 6 months, of course. I don?t intend to adjust status upon my entry on B2. It?s too risky and I don?t want to jeopardize my case.
However, consular processing can take a long time, especially nowadays, and we don?t know how long it will take before his GC is approved, so I want to be able to spend time with my husband for about 5 month per year while my case is processing.
Is that possible or would they deny my B2 visa request because they are afraid I will adjust status upon entering the US? I should also mention that I recently quit my job. Should I wait until I file I-824 so this way, it clear to them that I am taking the consular processing route?
Any advice, comment, or suggestion is much appreciated.
Thank you,
Maria
My husband and I got married in Feb 2018. We got married in the US. He proposed to me when I came to visit him and I accepted. We had our church ceremony in my home country Spain in May 2018. He has a pending EB2 AOS since May 2017.
It is my understanding that I am eligible for follow-to-join benefits since our marriage took place before the approval of his GC. I live and work outside the US and so I will file for consular processing when his GC is approved. His PD is still current (didn?t retrogress).
As an EU citizen, using the visa waiver program, I was able to visit my husband in the US four times already (three short visits and one long visit of 80 days). We got married during my second short visit in Feb 2018.
I always stated the purpose of my trips was pleasure and that was enough. The CBP officers never asked me about my husband who currently lives and works in the US while his AOS is pending and I have never mentioned him to CBP officers since we haven?t filed any paperwork and I have never been asked.
My question is would I be able to visit my husband when we file I-824? I would like to apply for B2 visa so I can stay for longer period of time, not to exceed 6 months, of course. I don?t intend to adjust status upon my entry on B2. It?s too risky and I don?t want to jeopardize my case.
However, consular processing can take a long time, especially nowadays, and we don?t know how long it will take before his GC is approved, so I want to be able to spend time with my husband for about 5 month per year while my case is processing.
Is that possible or would they deny my B2 visa request because they are afraid I will adjust status upon entering the US? I should also mention that I recently quit my job. Should I wait until I file I-824 so this way, it clear to them that I am taking the consular processing route?
Any advice, comment, or suggestion is much appreciated.
Thank you,
Maria
