Marry to a US citien on B2 and for Adjust of Status

I married to a US citizen in Dec 2010 in Taiwan. I then traveled in my previous B-2 visa this January (I can only travel during winter and summer vacation.) I am not intened to stay as my son is stay with my parents during my travel, and so does my job would end in July.

However, my husband asked me to stay and we both want a baby eagerly. I quit my job in early Feb.

I have been stayed in States for 2 month since Jan. Now, my husband is going to file I-130 and I-485 at the same time to change my status to permemnt resident. Is that ok to change status in States, in my case? or He should file for CR1?

If we choose CR1, after he file I-130, could I still stay in States until my I94 expired? and then back Taiwan waiting for CR1 to be completed?

Thank you.

Claire

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Phil's picture

Adjustment of Status on B2 Visa

Hi there and thank you for posting your question. Based on the information you provided I don't see any problem with filing an adjustment of status case. You entered the country lawful, you are in status and you are married to a U.S. Citizen. Importantly, it also appears that you did not intend to stay in the U.S. when you entered on country on your B2. The primary issue of concern in cases like this is allegations of immigration fraud. In certain cases, the USCIS may take the position that one who enters the country as a non-immigrant (b1/B2) and then adjusts status soon there after committed immigration fraud because they intended to immigrate at the time they entered on the non-immigrant visa. This is an issue that I do not see raised very much and I don't believe it would be in issue in your case as you presented it.

So, if I consider only the facts that you have provided, I don't see anything here that would prevent you from filing for AOS. I hope this information helps.

Adjustment of Status on B2 Visa

Thanks for your reply. I would like to clearly describe my situation and would be reappreciate your suggestion.

I married to a US citizen in Dec 2010 in Taiwan. I then traveled in my previous B-2 visa this January to visit him and some friends.

Originally, I planed to stay for 3 weeks and I was not intened to stay as my son stays with my mother during my travel. However, I did quit my job in January when the semester ended because because I didn't quite love my position and I hoped to spend more time with my parents. I would become a part-time teacher when I back home. In the meantime, my husband planed to file I-130 when I went back to Taiwan and hopefully I could get my green card in a half year. And then I can bring my son to US together. That's how we planed ahead.

However, my husband asked me to stay and we both want a baby eagerly. Another chief reason why I decided to stay is that my husband suffered severe Flu this February when I almost ready to fly back to Taiwan. He lay in bed for 3 days with all the symptoms a severe Flu might be. I was worried so so much BECAUSE my late husband passed away after lying in bed for 3 days with extremely severe headache.

We both had a previous marriage and both of our late husband/ wife passed away because of stroke in their 30s. I have a son who was born in U.S. when I studied my master in US. My late husband was a permanent resident and he applied "follow-to-join" benefit with a clearly reason why we couldn't get married before he became premanent and our I-824 was accepted by USCIS but my interview was refused by AIT who deemed I was in eligible in 2008.

I have been stayed in States for 2 month since Jan. Now, my husband is going to file I-130 and I-485 at the same time to change my status to permemnt resident. Is that safe for me to change status in States, in my case?

Truly thanks for your kind reply again.

Phil's picture

Hey Claire, thank you for the

Hey Claire, thank you for the additional information. Based on the information you have provided I don't believe your cases raises any immigration fraud problems so you should be fine with respect to this issue. You seem to meet all of the other basic requirements for adjustment of status as well. I like to provide as much information and guidance to people like you who take the time to post questions in my forum; however, excepting those questions that are very clear and present little or no risk of having adverse consequences if incomplete or not correct, I don't like to provide definitive answers about very case specific questions in this forum. This is a concern for me because it is professional irresponsible to give legal advice without fully understanding the client's case. It is not good for you or the other forum participants because you might make a decision based on the answer I provide that might not be entirely correct because I did not have all of the information and did not conduct a thorough evaluation of the case.

In your case, I am comfortable telling you that immigration fraud is likely not going to be an issue in your AOS petition. However, your previous denial of an immigrant visa isn't quite clear to me and these are the types of things that can create issues in adjustment of status cases. It is quite possible that it would not be an issue at all; however, I can't say that for sure without conducting a thorough review of your case. If I felt comfortable giving you a definitive answer I would but this is one of the types of questions that would be irresponsible for me to answer in this forum.

If you and your husband want to handle the adjustment case on your own for financial or any other reason that is fine. If you don't I handle adjustment cases all the time and my fees are quite reasonable. Another service I offer for people who just need a little guidance is a paid consultation. I charge $250 for a consultation and for this fee I would thoroughly review your case, identify and explain any potential issues with your case and provide you with some guidance if after the consultation you still want to handle the case on your own. Sometimes after the consultations clients decide to retain me to handle their case. In these situations I credit the client for the consultation fee and apply it towards my fee for the AOS case.

If you are interested in either of these services I offer please email me directly.

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