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  • Change of Status in US

    I hope someone can help me. My fiancee(USC) has applied for K1 visa for me and our case has been approved and forwarded to overseas consulate for further processing. Now I am here in US for the second time on a B2 visa. If I got married to my fiancee and then apply for change of my status is that possible? thanks.

  • #2
    I hope someone can help me. My fiancee(USC) has applied for K1 visa for me and our case has been approved and forwarded to overseas consulate for further processing. Now I am here in US for the second time on a B2 visa. If I got married to my fiancee and then apply for change of my status is that possible? thanks.

    Comment


    • #3
      It's possible but your entry on B2 visa and adjustment of status with pending K-1 run a huge risk of being denied because the CIS will insist that you committed visa fraud which makes you deportable. Your case is at the embassy already and it won't be long before your interview. I'd stick with the original plan and have a peace of mind. If your relationship is for real then you *entitled* to a K-1 visa and subsequent adjustment of status.

      Cheers.

      Comment


      • #4
        Blue
        As long as you came in here legally and was inspected and paroled into the USA you can change your status. Get married to your fiancee as soon as possible and apply for adjustment of Status. No need to go back and chance getting into problems back home. Just consult an attorney and he/she will help you with the processing. What state are in you?

        Comment


        • #5
          Be careful - watch out for 'intent'.

          If they feel you entered on your visitor's visa with the intent to get married and AOS, it will (or at least may) complicate things.

          Get some legal advice from more than one attorney. Making the wrong choice at this point may cause a lot of problems for you in the future.

          I am not giving advice on what that choice should be - just be sure of what you decide.

          ARQU

          Comment


          • #6
            I recommend you go back and wait for the K-1 especially if your fiancee has applied for it before you came back to the US on your B-2.
            if your relationship is in good faith you have nothing to worry about if you go back to your home country for a little while. if you just get married now and basically forfeit the K-1 sup and ARQU are right. the CIS will probably suspect fraud based on entry with a non-immigrant visa with the intend of getting married and you become deportable. waiting for the K-1 is associated with a lot less risk and is usually processed fairly quick

            Comment


            • #7
              Intent only comes into play if the INS can prove that he lied in his application for non-immigrant B-2 visa. He will still face the same issue if he went back to his country of original to get the K visa because they can always pull up his visa application. Also, what if he has overstayed his authorized stay , should he go home and face the possiblity of denial because of 3-10 year ban. Consult an attorney , and get an opinion.

              Comment


              • #8
                The intent is proven by the facts that 1) Alien spouse has a K-1 visa app at the embassy and *intends to immigrate*, 2) Entry on a *non-immigrant* B2 visa which prohibits *immigrant intent*, 3) Filed adjustment of status form I-485 to obtain *immigrant* status in violation of a B2 visa. It doesn't take an Einstein to put it all together. From the OP it doesn't sound like he/she overstayed a visa yet.

                Cheers.

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