NO EOS, No COS, NO AOS stamped on i-94

[paramjeet]

I have a multiple entry Business visa for 10 years and come to US twice since June 2011.
This time on my arrival at port of entry 15 days ago, the home land security officer stamped B2 status with stay limited for 1 month on my I-94 and also marked no EOS, no AOS, no COS (which means no extension of stay, no change of status and no adjustment of status) during this particular visit to US.

I have never broken any Law and have obeyed all guidelines for I-94.

There is a possibility that I might get married to a permanent residence in a month or earlier, who is going to become a US Citizen in 6 months.
She will file the petition immediately after marriage. Can she file the petition for me?

Is there a way to file a petition to over turn the marked EOS,AOS,COS stampings?

[shah]

This is something not so uncommon. However, despite this "special" stamp we have actually successfully adjusted status for several clients based on marriage to a U.S Citizen. In your case it is different on the fact that your spouse, is going to be a US citizen in 6 months. You are being faced with several issues:

1. Getting married within the 60 days of entry creates a rebut-able presumption of fraud. That means they assume fraud unless you can prove it is a bona fide marriage. In this case you will have a problem because your I-94 is valid for only one month;and
2. If you overstay on the visa- in this case unless your spouse becomes a US citizen you cannot really adjust status inside the US and if you pass 180 days of overstay, you will be barred outside the US to come back when picking your GC. Of course there is a waiver, but chances of approval is not very high unless you have an extreme hardship.

In conclusion, there is a chance of obtaining your permanent residence through marriage but the risks are high especially because your wife is not a US citizen. My advice is to call us at 510 7425887, for a consultation so that we can really assess the possibilities.

[advanced]

So what is the purpose of having such a stamp if someone can still do a COS? I really don't understand

[shah]

One option to consider is to leave and file the I-130 petition and wait for the dates to be current and then come back directly on a permanent residence approval.

[lucky9268]

B2 visa rejected for parents and sibling

Hi,
My parents and my sibling went for B2 VISA interview and all got rejected. I believe the reason for rejection is VISA officer might have thought all family members intend to migrate to US. My sibling being unmarried create a weak point.. I think so.

However I want my parents to visit US soon. How soon should they reapply for VISA? Is one month break before re-applying good? Is it better if One parent applies at one time than both parents going togather?
They received the generic 214(b) rejection form during their last interview.

thanks for your help!
Regards,
Lucky

[shah]

[nil]

hii mr shah
i am pending u visa petition my wife and kids is abroad they are pending for u2 and u3 visa
next summer school vacation they like to come visit me in usa
could you please tell me if i apply for B2 visa for my family is dont hurt in my u visa process
i did apply my u visa in jun 2015 how long i will get u visa Deffer acction and how long i will get u visa status ?
thanks

[wilsonlisa597]

This is something not so uncommon. However, despite this "special" stamp we have actually successfully adjusted status for several clients based on marriage to a U.S Citizen. In your case it is different on the fact that your spouse, is going to be a US citizen in 6 months. You are being faced with several issues:

1. Getting married within the 60 days of entry creates a rebut-able presumption of fraud. That means they assume fraud unless you can prove it is a bona fide marriage. In this case you will have a problem because your I-94 is valid for only one month;and
2. If you overstay on the visa- in this case unless your spouse becomes a US citizen you cannot really adjust status inside the US and if you pass 180 days of overstay, you will be barred outside the US to come back when picking your GC. Of course there is a waiver, but chances of approval is not very high unless you have an extreme hardship.

In conclusion, there is a chance of obtaining your permanent residence through marriage but the risks are high especially because your wife is not a US citizen. My advice is to call us at 510 7425887, for a consultation so that we can really assess the possibilities.

Amazing suggestion. Agree with you.

[hakanyeter]

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