B2 to AOS - we have decided we want to stay
Posted Sat, 04/14/2012 - 11:25 by poinzetta
Hello Phil,
I am an American citizen and for the past 3 years have been living in Spain, where I married a Spanish citizen. This summer we had a 1 month trip planned to the States so he could meet my family, see the sights, etc and we have been here for 2 weeks and are loving it.
We are loving it so much that we have decided that we would really like to stay and live here. He entered with a B2 visa (he stated he had an American citizen wife), and we have already begun looked into filling out the i-130 and i-485 to adjust his status to that of permanent resident.
When we entered the country, we had full intent on boarding our returning flight, after a week-long stop off in NYC, to Spain (my job contract is valid until a week after our return and I am sure they would renew it for another year; and he is an active freelancer who is still paying the Spanish freelance tax; we finished with our apartment lease 3 weeks before coming and have been living with his family while we look for a new place - we didn't want to pay a whole months' rent while on vacation).
What we want to know is if, during the AOS processing, we will be asked to prove that our intent was NOT to stay and WHAT made us change our mind while here and how we go about proving that without having anything concrete, just a change of heart.
Thank you in advance, any advice you have will be greatly appreciated!
Poinzetta
Comments
In general, the USCIS
In general, the USCIS officers do not require that you prove what that applicant's intent was at the time he or she entered the country at the time of the AOS interview unless the officer has some specific reason to believe that the entry was fraudulent. In your case, it doesn't sound like immigration fraud is an issue at all. As long as your husband did not intend to stay when he entered then it should not be an issue at all. I doubt it will come up in your case. If you decide you'd like some help with you AOS petition please shoot me an email. Sorry for the delayed response. Best of luck.
Extra question
We have also been reading about this topic and have run across this 30/60 rule, and makes us doubt as to when we should actually turn in the paperwork to USCIS. We have 1 week before our flight to NYC leaves and another week after that before we would be scheduled to go back to Spain. Should we wait til after 30 days? or just file ASAP?
Thanks again!
Poinzetta