Cloe Rabe
Mar 19, 2021
AOS from a B2 visa (marriage-based)
I got married to a USC less than 15 days after my entry into the US on a B2 visa. Upon arrival, I just told the DHS agent that I was visiting my bf but didn’t tell him about getting married. My initial plan was to wed and then go back to my country but due to the pandemic, I was forced to stay and adjust my status.
My question is: how bad this is going to affect my application and/or my interview ? Is there anything I can do to defuse an eventual visa fraud accusation ?
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Vanessa MartinezMar 19, 2021
if the marriage is in good faith, everything will be fine
BiBiNaly DiorMar 19, 2021
it is a big trouble when you are on B2 visa and not married after 90 days arrival. You should ask a lawyer. It is a serious trouble, can get deportation and a big fine
Stacy BenjaminMar 19, 2021
you’re fine my dear! as long as your marriage is bonafide you’re ok. I got married 6 months after I came on a b2 and I didn’t have any problems when adjusting my status.
Jonathan SandiMar 19, 2021
@BIBINaly I think you're confusing the B2 visa with a K1 visa.
BiBiNaly DiorMar 19, 2021
@Jonathan Sandi: No I got this advices from 3 good lawyers in America. All of them answered this question the same, If you come to America with K1 you have to get maried within 90 days. BUT if you come to America with B2 visa, as a visitor, you have to wait to get married after 90 days, other wise you are charged as the potention try to stay in America. This charge is heavy and can lead to be deported. I have a lot of consultation and I paid a lot of money for this only question.
BiBiNaly DiorMar 19, 2021
Type "90 days rule for non-immigrant B2 visa holder" and you will see if I said correctly.
BiBiNaly DiorMar 19, 2021
@Z.A. Original: You can consult your lawyer and dont go alone to the interview without lawyer if you know you married before 90 days arrival. That is just my own idea.
Cloe RabeMar 19, 2021
@BiBiNaly Dior Yes ! I was actually asking about this rule. Well we got married before 30 days but filled for AOS 5 months later. I really didn’t intend to stay and we’re married in good faith. I can always prove I didn’t plan to stay (return flight ticket, lease, even car ownership) ! there’s no doubt I can prove all of that but the question is, will they give me a chance to state my case or just deny the whole thing ??
ashmatash caMar 19, 2021
it depends. if you entered the US on a visitor visa and then immediately got married, they could say that you intentionally lied about your reason to come to the US and this very well could lead to some repercussions and even deportation. what you did was effectively "skip the line" and did not follow the lawful procedures of first filing a K1 visa petition, or a marriage petition, which they do look not favorably on. I know of someone that did this, and they ended up deporting the wife back to her home country while the gentleman had to fight for 3 years to get her back to the US by following the correct procedures. I don't know how your situation will be handled in Bidens America, but in Trump's America, you would be on a plane heading back to your home country pronto. all you can do now is hope whichever officer is handling your case is sympathetic, but expect them not to be.
