Freeny

Have just married my British boyfriend in the US and are looking into applying for an AOS from his B1/B2 visa. Which step do we (I?) do first? Which forms and in which order? The forms/fees are intermingled and it's confusing as all get out!

tom169

Your husband leaves the country in accordance with his visa and you file an I-130 package.

Noorah101

As long as there was no prior intent to immigrate, he's allowed to apply for AOS.

Go to www.uscis.gov and look up I-130, I-130A, I-485, I-765, I-131, and I-864. Also he will need a full medical exam. All of this goes in one package to the address on the I-485, along with the fees.

Rene

Freeny

Thank you for your helpful reply. We have only just started looking into this option since the wedding on Sunday and are struggling to get the correct information. What are the actual fees associated with this? Some forms say yes to fees and some say no. What is the cost of a medical exam?

Jack8602

Fee's are listed on the website - you can look up the exact fee's there. https://www.uscis.gov/forms

From my recent applications, which were all the forms that Rene listed - i paid a total of around $1,800

My medical cost me $500 - which was inclusive of required shots to bring me up to date.

Twinkle0927

A Brit with a B-2... unusual. Is there any reason he didn't use the VWP? Something that might crop up further down the line and cause a problem?

bewildering

Yeah, about $1600 for me 4-5 years ago.

The medical cost does not need to be so high. Use https://my.uscis.gov/findadoctor and call every doctor. I found a wide range of prices for the examination. Ended up paying just over $100 in a high cost of living place. But I was quoted $400 by a doctor in Del Mar.

In San Diego, you can get free vaccinations from the local county clinics or your own medical provider. Being British your boyfriend should have most of the vaccinations already.

bewildering

To the OP. You can do this AOS by yourself unless there is a potential problem. In which case they should consult an immigration lawyer. Twinkle has indicated a potential problem. The OP should find out why her boyfriend needed a B-1/B-2. He should be completely honest.

Freeny

Prior work in (and obviously travel to) a listed country. He was previously eligible for the ESTA when he visited years ago, but was required to obtain the B1/B2 visa for a subsequent visit due to changes made in the last couple of years with the ESTA visa.
Nothing untoward, I assure you! :-)

SanDiegogirl

Personally, I don't see how one can prove one did not have immigration intention when entering the country, if one gets married and then immediately applies for AOS. (even knowing about AOS suggests prior research)

Applying for AOS suggests that the applicant is remaining in the US following the marriage. How can this be? Did the applicant not have a job in the UK, commitments, responsibilities, other issues which require finishing up before moving to the US?

If none of the above, then it sounds as though the applicant did have intentions of remaining.

Even if they intend to return to the UK, once they have the visa, to undertake these tasks, they still had the intention to immigrate prior to the marriage.

Twinkle0927

I completely agree with you and have been known to express my stance on this "change of mind" business before. I can't see how anyone in their right mind would walk out on a (good) job and subject themselves to several months of unemployment and leave all their loose ends at home to be sorted by someone else just to avoid the 12-month spousal visa process - especially someone from a low-fraud country who can visit very easily.

However, intent is established at POE and since the husband was successfully admitted by CBP he obviously satisfied that requirement. And even if there was intent, that alone cannot cause denial of the AOS when married to a USC (matters of Battista and Cavaozos - the holy grail of the AOS people).

Rete

The Peer Ally Law.com website has this to say about AOS on the B2 an VWP. And herein lies the problem. It is to be noted that the advice not to do so is given for protection by the responder of the inquiries, rather than just for the adjuster.


Adjustment of Status for Immediate Relatives on B1/B2 Visitor Visas
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Adjustment of Status for Immediate Relatives on B1/B2 Visitor Visas



I entered the country on a B1/B2 visitor visa, can I safely adjust status? This is a very common question, and a source of a lot of confusion, even amongst immigration practitioners, USCIS officers, and Consular Officers (AKA ConOffs). The answer, like most things in immigration, is “maybe.”

As many people know, a B1/B2 visitor visa is not a dual intent visa. In other words, you should only have the intent to stay as a visitor and not to immigrate when you get the visa. If a ConOff interviewing you for the visa asks you whether you have intent to immigrate or if you have a US Citizen fiancé in the US, etc, and you say that you do have a fiancé and intend to get married and immigrate, you will not get the visa.

With the above considerations in mind, it is important to also understand the issues of preconceived intent (PCI) and fraud. The basic guideline is that PCI is not an inadmissibility bar, but fraudulent misrepresentation (INA 212(a)(6)(C)(i)) is. So even if you had, in your heart, preconceived intent, if you were never questioned about it, and you never stated anything untrue to a ConOff or Port of Entry Officer, nor made any misstatements in your DS (department of state) forms when they were filled, then you are legally good to adjust status.

Legal Authority Supporting Adjustment of Status

Again, preconceived intent in and of itself is not a problem for immediate relative adjustments. Specifically, the adverse factor of preconceived intent is overcome by the “substantial (or significant) equities” present in immediate relative adjustments. This legal authority stems form Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980). “Substantial equities” is further clarified in Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981).

As for the issue of fraudulent misrepresentation, the key concept is that silence, or failure to volunteer information, is not a misrepresentation. This concept is further confirmed by 9 FAM 40.63 and Matter of Tijam.

So to recap, PCI and fraudulent misrepresentation are two separate issues. The precedents of Cavazos and Ibrahim make it clear that PCI by itself is not an issue for immediate relative adjustment of status cases. Silence before a ConOff or Port of Entry Officer is not a misrepresentation.

SanDiegogirl

Thanks for this..... this forum has usually advised against going for AOS due to the fact that, if the official does not believe you did not have intent to marry, your application is denied and you are put on the next plane home (figuratively speaking).

As we have said, some are lucky others are not.

Noorah101

Entering on a B-2 (or any other) visa makes a difference, because even if AOS gets denied, one can appeal the decision.

VWP entries do not have that luxury.

Rene

ian-mstm

Many of us (including me) specifically advise against AOS from the VWP because there is no appeal process available. In addition to waiving the visa, you also waive your rights to an appeal process when you enter on the VWP. For someone who has a visa, there is an appeal process in place so the risk isn't nearly as great.

Ian