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Comment by daft_pink | Hacker News Reader

I think if you enter on a B1/B2 tourist visa, you should not be allowed to adjust status to a green card except in extraordinary circumstances. I’m not so sure about other non-immigrant visas.

K1 will obviously be an exception as substantial steps are generally taken at a home consulate.

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There is no carve out in this memo that says it’s only for B1/B2. Or that K-1 is excluded.

An entire visa class is not “obviously an exception”, or it would be clear.

I’m also pretty sure you cannot apply for an AOS from a B1/B2 to a green card.

I think you can apply for an AOS to a different dual intent visa which could then allow you to apply for a green card if you meet the requirements for that visa.

Maybe something like if you get married while visiting, but even then I believe you need to apply for an adjustment of status to a marriage visa and then apply for a green card.

No. Before you could enter on a tourist visa and there was an automatic presumption of fraud if you got married, etc within the first 90 days, but you could get married after 90 days, but before 6 months of maximum tourist stay and they may investigate a little bit, but it was generally not difficult.

The IR-1/CR-1 that you describe is how a spouse would apply from outside the country.

What if you obtain a B2 visa to attend a conference in the US, and a year later receive and employment opportunity?

Do tourists stay in the country for a year?

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