Commerce Twp, MI Immigration Law Firms & Lawyers

Yes, it does. By law, every applicant for a non-immigrant visa (including B2) must prove to a U.S. consul that he has no intention to take residence in the U.S.; otherwise, the visa application has to be denied. Once you file an adjustment of status application, you have demonstrated the intent to immigrate into the U.S., and are no longer eligible for a non-immigrant visa. If you live the U.S., you will likely face an unpleasant situation at the airport on your return: an immigration officer will inform you that your visa is cancelled and you cannot enter the U.S. Eventually, after your attorney goes through the motions, USCIS will grant you (but can deny!) an entry on parole, but you will have several very tense hours, and might actually have to go back to your country and wait there for a consular processing. However, if your application packet will be prepared properly, you will receive an advance parole (i.e., a permission to travel abroad and re-enter the U.S. while your adjustment application is pending) in about 3 months from the date of filing.

I am not sure what 217 10000 means, but the usual advice in situations like yours would be to apply for a student visa directly at the American consulate or embassy, and explain your refusal under ESTA at the visa interview. Please note that you cannot make an application for change of status from ESTA to student.  Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

You can always have him come and visit. Then do the proposal in the U.S. Then wait a couple of months to marry. You should also consult with an experienced immigration attorney. This way the process can be done in the U.S. within a couple of months.