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B1/B2 and I-485

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  • B1/B2 and I-485

    Hi ! I'm new in this forum and I mostly speak spanish, so please forgive me if i make some mistake spelling some words.

    I have a tourist visa B1/B2 that expires in 2012, I came to US in june 28, my I-94 due on dec.25/03. I got married with an american citizen in august 16 and submitted the AOS in november 5, I haven't received NOA yet.

    My problem is he wants to go to live out of the US and I don't want to go to live to the place that he choosed.

    My question is, I know that the process of the I-485 will be cancelled when we leave the country, but could I be able to use my tourist visa in the future if I leave the country before my I-94 expires?

    Please help me, I will appreciate you comments.

  • #2
    Hi ! I'm new in this forum and I mostly speak spanish, so please forgive me if i make some mistake spelling some words.

    I have a tourist visa B1/B2 that expires in 2012, I came to US in june 28, my I-94 due on dec.25/03. I got married with an american citizen in august 16 and submitted the AOS in november 5, I haven't received NOA yet.

    My problem is he wants to go to live out of the US and I don't want to go to live to the place that he choosed.

    My question is, I know that the process of the I-485 will be cancelled when we leave the country, but could I be able to use my tourist visa in the future if I leave the country before my I-94 expires?

    Please help me, I will appreciate you comments.

    Comment


    • #3
      HI There,
      YOur B1/B2 expires 2012 but you can use it only with 6 months interval, doesn't mean you can stay here till 2012. These visas are generally valid for 10 years. If you submitted the AOS papers, I suggest that you wait to get an interview notice then you could get a parole. PAtience is key and you already submitted papers.

      Now whether you will be able to enter with the same B1 is a different thing; you're now an immediate relative of a USC and you will have to make this known and it will be a bigger hassle when you try to come back in. Now I think they might send you back and make your husband petition to bring you in (might be a long seperation). The best you can do at this time is to wait. Since you already filed, your I-94 is void from now on and your B1 as well. A parole is what will get you back in the country.

      Comment


      • #4
        Domi-

        To enter under a tourist visa you must prove that you don't intend to remain. Typically that is difficult to prove if you are married to a USC. However, not impossible. The AOS papers also show an immigratn intent. If you truly intend to divorce your spouse and abandon the AOS then you can show evidence of that. I think nobody will be able to give you any guarantees, though, and it will be the call of the officer at teh POE.

        Comment


        • #5
          Es mejor esperar a obtener la GC para salir del pais de otro modo to sera facilmente perdido. De todas formas tenga en cuenta que el proceso de AOS es muy prolongado y pudes tomar años en resolverse.

          Comment


          • #6
            You tourists are so **** good at coming on vacation and getting married! What's your secret on snagging a husband or wife! Do tell!!!

            -= nav =-

            Comment


            • #7
              if you go out of country, your I-485 will be abondoned, and if you travel on visit visa you may have problem to adjust in the future because technically you are travelling after the marriage and you are violating the visitor intend. it should be dual intend to get in back and if you dont declarte your marriage you will be misrep yourself at the port of entry.
              Its a discussion, not a legal advise..

              Comment


              • #8
                Thanks everybody for your answers.

                That means that if I abandon now the I-485 and get divorce anyway I can't use my tourist visa in the future???

                Comment


                • #9
                  Ricki

                  Cuando te refieres a todo perdido quiere decir al proceso de ajuste de status, no? Pero qué me dices de si puedo usar la visa de turista si me llego a divorciar?

                  Comment

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