My husband and I need some advice. I (American citizen) am in the process submitting CR1 for my husband, who is Brazilian. We got married in Brazil in August 2018. At that time, we decided to pursue a CR1 visa. We hired A SERVICE TO review and mail our documents and we have not filed the petition yet. My husband arrived in the US with a B2 visa planning to make a temporary visit and stay up to mid June before going back to Brazil. He got heavily questioned by CPB in Chicago before being allowed to continue on his way.
Since he arrived, we’ve been preparing documents to complete our CR1 petition, such as getting a joint bank account, joint car title, and joint car insurance. Now we are realizing just how much longer the CR1 could take and he started asking about the Adjustment of Status instead of the CR1 process. We have most of the documents required for that petition as well. Obviously we want to stay together because long distance just totally sucks, but as far as I was aware, applying for AoS while on a B2 was an automatic no. I am very afraid of accidentally committing fraud or something worse and having my husband basically permabanned from reentry and deported to boot.
Some additional relevant info - hubs didn’t even quit his job back in Brazil and has been teleworking during his stay here. He has no written documentation of his agreement with his boss to telework for around 2-3 months, but maybe we could get that. He has a return flight and short term travel insurance with an end date. He hasn't transferred any of his funds from his bank accounts, left most of his possessions at home, and has yet to pick up his college graduation diploma. His family is expecting him back.
We have not submitted K1 or C3 paperwork and we did not obtain a B2 with the intention of immigration. We were aware when we got married that there would be no possibility of the K1 anymore and decided on the CR-1 as our best bet. We've already contracted and paid a preparation service the full fee for a CR-1 visa and his current visit has an end date, with a booked return flight and an end date on his travel insurance. He didn't quit his job back in Brazil either, and has been teleworking. Our only intention this entire time was to spend a couple months together as husband and wife while finally submitting the CR-1, and then he would return home to wait. I'd go see him in Brazil around March next year and we would keep waiting.
We want to get legal advice on whether we would be committing immigration fraud or not by filing for the Adjustment of Status in this situation, and how to prove the authorities in the best way possible that he was truly with the intent of doing a temporary visit but we changed our minds. At what step of the process do we need to prove our case? Do we include documentation of prior intent to return with the initial petition, or just bring it to the interview?
Thank you for all of your help. I'm a bundle of nerves with this possibility.
tl;dr: Hubs is here on B2 and we like it, want to change from initial plan of CR1 to AoS. Is it legal?