AOS after 4 months in the US

[gksf]

Hi, I have a multiple entry visa ( B2 ) and had come to the US many times  and never overstayed. Can I enter US on B2 visa and then after 90 days file I -130 and AOS through my wife,      ( citizen, married for 5 yrs )..we plan to do this process through a lawyer but just wanted to know whats the worse case scenario..Heard there is an option like this..Any help on the above topic would be appreciated..

Thanks

[catx]

A B2 visa does not allow immigration intent.  Thus coming to the U.S. on a B2 visa with the intent of filing for permanent residency (green card), i.e. immigrant status, through an I-130 petition and then I-485 adjustment of status application is strictly illegal (you would have to lie immigration officials when arriving about your intent to return to your home country).

 

Before taking any action do as you posted and consult with a qualified, experienced immigration attorney to determine and assess your options, and then work them as they recommend / advice.

[pontevecchio]

That will work . Make sure to have a Lawyer on board.

[pontevecchio]

As long as you do not lie on entry you should be all right. The spirit of the law dictates in your case that you can do what you propose. US Citizen Rights trump any problems in this case specially since you have been married for 5 years. Keep a Lawyer on board.

[t75]

Since you are not now in the US, goo for consular processing and be 100% legal.