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Will I run into problems re: B2 -> Adjustment of Status?

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  • Will I run into problems re: B2 -> Adjustment of Status?

    Hi there, I'll give you a summary of my situation.

    Girlfriend is US citizen, I'm UK citizen with Australian Residency.
    We've been together for over 2 years.
    I came to visit her last year, and spent 11 months in America with her on a B2 visa (with extension).
    I proposed to her in Thailand, we scheduled our wedding for March 2018. We started looking into K1 Visas.
    I came back to Australia, worked for 4 months and have returned to America to spend more time with her.
    I got some extra questioning at immigration. ' Are you planning on getting married whilst visiting America?' I said no.
    I was granted a 3 month stay.
    Our intention is to get married in March (I would go back to Australia one more before returning under K-1), but now that we're together again, we really do not want to have to spend months apart again before the wedding.
    Getting married (low-key) and filing for adjustment of status would make everything much easier but I'm worried about potential red flags.
    I know there is the 30-60 rule I've read about. I worry that if we got married in the 3rd month that would also raise alarms.

    In hindsight we should have got married during the 11 months I was in America last year, but we didn't want to rush into a wedding.
    Basically I'm asking if I were to get married during my 3 month stay and file for adjustment of status, will there be problems? I don't want to be seen committing visa fraud.

    Thanks

  • #2
    Hey,
    You're absolutely right. Getting married on a b1/b2 and then adjusting status would be considered visa fraud. It's best to steer clear of that landmine.

    Now....if you were to marry and not adjust status (i.e. leave the country), you may apply for a spousal visa while back in Australia. *If anyone knows otherwise, please correct me if I'm wrong*

    Getting married is not visa fraud. But adjusting status is a bad idea.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

    Comment


    • #3
      Originally posted by Chill_Wilso View Post
      Hi there, I'll give you a summary of my situation.

      Girlfriend is US citizen, I'm UK citizen with Australian Residency.
      We've been together for over 2 years.
      I came to visit her last year, and spent 11 months in America with her on a B2 visa (with extension).
      I proposed to her in Thailand, we scheduled our wedding for March 2018. We started looking into K1 Visas.
      I came back to Australia, worked for 4 months and have returned to America to spend more time with her.
      I got some extra questioning at immigration. ' Are you planning on getting married whilst visiting America?' I said no.
      I was granted a 3 month stay.
      Our intention is to get married in March (I would go back to Australia one more before returning under K-1), but now that we're together again, we really do not want to have to spend months apart again before the wedding.
      Getting married (low-key) and filing for adjustment of status would make everything much easier but I'm worried about potential red flags.
      I know there is the 30-60 rule I've read about. I worry that if we got married in the 3rd month that would also raise alarms.

      In hindsight we should have got married during the 11 months I was in America last year, but we didn't want to rush into a wedding.
      Basically I'm asking if I were to get married during my 3 month stay and file for adjustment of status, will there be problems? I don't want to be seen committing visa fraud.

      Thanks
      There is no 30-60 rule. That's a Department of State thing and they don't adjudicate AOS. USCIS adjudicates AOS. AOS for immediate relatives (spouses, unmarried under-21 children, or parents of US citizens) cannot be denied for immigrant intent alone. As long as you didn't lie to an officer at some point, you are fine to AOS.

      However, you were asked about your intention to marry while here, and you said no, but as long as that was the truth at that time (and you changed your mind later), you didn't lie. Though they may or may not believe you on that point.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Originally posted by newacct View Post

        However, you were asked about your intention to marry while here, and you said no, but as long as that was the truth at that time (and you changed your mind later), you didn't lie. Though they may or may not believe you on that point.
        That's correct, we have things booked for our wedding date in March, and I have a return ticket back to Australia, so I know I didn't come with the intention to marry during my current stay in the states.

        Comment

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