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B-1/B-2 Nonimmigrant Got Married, Wants to Remain in the U.S.A.

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  • 08-29-2011, 08:50 PM
    jsj_297
    B-1/B-2 Nonimmigrant Got Married, Wants to Remain in the U.S.A.
    Hi, new member here.

    My girlfriend for over 15 years just came to usa in early july 2011 on a b1/b2 visa. Married her on august 5, 2011.
    I recently sent an i-130 to chicago, got the e verification, and just got the 797 reciept today.
    Im currently 90-95% complete with her i-485 & all other related documents to file with it, 864,693,765......
    Im still awaiting her translated birth certificate, vaccination list, and my IRS returns/w2's which i just requested online yesterday. She is 30 female from beirut, lebanon.

    My questions are this, her i-94 expires january 2, 2012, and from what i understand and have researched it takes 2-6 months to process the i-130 at califonia facility alone. And god only knows how long the 485 will take right??

    Once i have a case open with cis, does this automatically extend her stay legally in the usa until the 485 is either
    Approved or denied? Or do i have to file a 539 extension still? And if so, what should i put as her reason for
    Extension?? Is there a different letter to change her status to? Like a "V" maybe? I am a US born citizen by the way.
  • 08-30-2011, 07:24 AM
    T53147
    Re: B-1/B-2 Nonimmigrant Got Married, Wants to Remain in the U.S.A.
    She is permitted to remain without applying for an extension as the spouse of a US citizen applying for adjustment of status. However, it can be viewed that she improperly entered on B2 with the intent to marry and AOS since you married approximately 1 month after she arrived. Consular processing resulting in a fiance visa was the proper method for her to travel to the US to marry you. She could also leave and apply for consular processing as the spouse of a US citizen. If it appears that there will be problems resulting from this entry to marry, involve an attorney immediately rather than try to work it out by yourselves.
  • 08-30-2011, 09:14 AM
    jsj_297
    Re: B-1/B-2 Nonimmigrant Got Married, Wants to Remain in the U.S.A.
    Quote:

    Quoting T53147
    View Post
    She is permitted to remain without applying for an extension as the spouse of a US citizen applying for adjustment of status. However, it can be viewed that she improperly entered on B2 with the intent to marry and AOS since you married approximately 1 month after she arrived. Consular processing resulting in a fiance visa was the proper method for her to travel to the US to marry you. She could also leave and apply for consular processing as the spouse of a US citizen. If it appears that there will be problems resulting from this entry to marry, involve an attorney immediately rather than try to work it out by yourselves.

    We had been trying for over 10+ years to get any kind of travel visa to the usa. She had been refused time and time again for visas but was finally approved for the b1-2. So we kinda had to do what we could, ya know? Can i take the 539 and apply for a visa change to a different letter, would that help? If so should i file the 539 before, with, or
    After the 485? I really dont want her to have to leave, and im only an EMS worker, and cant really afford the
    AttorneyRoute, i can afford the papers or the attorney, but not both. I know there is a tiny violin playing for me somewhere. Lol

    Thanx for your reply, by the way.
  • 08-30-2011, 09:28 AM
    flyingron
    Re: B-1/B-2 Nonimmigrant Got Married, Wants to Remain in the U.S.A.
    Quote:

    So we kinda had to do what we could, ya know?
    Actually we don't, and the ICE is even less understanding. Nothing prevented you from getting married without breaking the rules.

    I find the story somewhat implausible unless your spouse has some prior disqualifying history (drug dealing or previous deportation).
    You'd have been well advised to have specific advice before you went off and tried to run around the rules. You'll probably need legal advice now.
    You should have got that AOS started as SOON as you got married rather than procrastinating further.
    My suggestion is you scrape together the money for proper assistance.
  • 08-30-2011, 02:33 PM
    jsj_297
    Re: B-1/B-2 Nonimmigrant Got Married, Wants to Remain in the U.S.A.
    Quote:

    Quoting flyingron
    View Post
    Actually we don't, and the ICE is even less understanding. Nothing prevented you from getting married without breaking the rules.

    I find the story somewhat implausible unless your spouse has some prior disqualifying history (drug dealing or previous deportation).
    You'd have been well advised to have specific advice before you went off and tried to run around the rules. You'll probably need legal advice now.
    You should have got that AOS started as SOON as you got married rather than procrastinating further.
    My suggestion is you scrape together the money for proper assistance.

    Im not procastinating, nor did i intentionally break any rules. I would just appreciate your opinion on what i shouldve changed her aos to is all sir. Neither one of our drug dealers as we have both worked our entire lives. It was a simple question, change the b1-2 to a what?? A "V". Thats all i need help with and its greatly appreciated, i think with that question answered i should be able to finish this stuff up. If u choose not to assist me with such, i say i understand, and thank u for your time u already wasted wIth me, and i apologize for that as well.
  • 08-30-2011, 03:03 PM
    Mr. Knowitall
    Re: B-1/B-2 Nonimmigrant Got Married, Wants to Remain in the U.S.A.
    Quote:

    Quoting T53147
    View Post
    She is permitted to remain without applying for an extension as the spouse of a US citizen applying for adjustment of status. However, it can be viewed that she improperly entered on B2 with the intent to marry and AOS since you married approximately 1 month after she arrived. Consular processing resulting in a fiance visa was the proper method for her to travel to the US to marry you.

    jsj, while it's too late to 'unring the bell', the above is correct. Describing proper procedure can help others who may be reading this thread avoid making similar mistakes.

    A lot of people enter on tourist visas, marry, and file the I-130/I-485. There are approaches that make it less likely that the USCIS will deem the original entry to have been fraudulent (they're not mind readers, after all); but when the marriage occurs rapidly after entry it can become much more difficult to convince the USCIS that the change of heart about intent to immigrate didn't occur until after entry. I expect that there are forums that discuss various ways to finesse these issues with the USCIS, albeit without any promises of success, but as a legal forum we're more focused on laws and regulations.
    Quote:

    Quoting flyingron
    View Post
    I find the story somewhat implausible unless your spouse has some prior disqualifying history (drug dealing or previous deportation).

    Certainly there's a back story, but perhaps not one for which she's directly responsible. She's from Beirut, so the "back story" may be that somebody in her immediate or extended family is directly or peripherally associated with somebody who is on a watch list, is involved in a terrorist organization, or has a name similar to somebody who falls into one of those categories, causing her to fall under a broad umbrella of suspicion during the decade following 9/11.
    Quote:

    Quoting jsj_297
    View Post
    We had been trying for over 10+ years to get any kind of travel visa to the usa. She had been refused time and time again for visas but was finally approved for the b1-2.

    Planes fly in both directions. An alternative would have been for you fly to Lebanon (or a third country to which both of you could obtain admission) and marry her there, then try to bring her into the U.S. as your spouse.
    Quote:

    Quoting jsj_297
    Can i take the 539 and apply for a visa change to a different letter, would that help?

    You've already taken the path of AOS, I-130 and I-485, so the I-539 is not appropriate.
  • 08-31-2011, 07:28 AM
    jsj_297
    Re: B-1/B-2 Nonimmigrant Got Married, Wants to Remain in the U.S.A.
    Thank you for your reply. I u:cool:nderstand the unringing of the bell theory u mentioned. I will just go with what weve
    Got already, and just be completely honest and hope for the best. If they deny us, then so be it. Thank you again, i oknow your time is valuable and i, and my wife both appreicate your opinions greatly. Have a wonderful day.
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