K3 is in process and got the visit visa..now what

[Reba 2]

They way I understood it is this…. On the 2nd instance you have a spouse in the US and if you decide to stay and AOS – it is harder to prove the fact that you did not have the intention of creating a short cut for yourself and apply for an AOS. We all know that you need a valid I-94 to complete your AOS among other things.

Exactly.

In that case, if you got married, then left, then later decide "oh yeah, I want to live with my spouse" and enter as a non-immigrant and apply for adjustment, its not going to be approved. That's what I was told when I was starting out at any rate, which is why I did the whole K3 #######.

How do you tell them at the border, "yeah, I'm married to a USC, but I'm just here as a visitor" and then a week and a half later send in the applications for AOS and a year later at the interview say "no officer I had no intention of staying I really was going to go home "

But what the hell do I know. I'm just an immigrant

[Yodrak 7]

Asamu,

Yes, both cases are speculative. And fact-specific, each case is different.

What Reba wrote was, "if one gets married a year or so ago in some other country, and then somehow gets a tourist visa and decides to stay and adjust, I don't believe that person is eligible." They are eligible.

Yodrak

They way I understood it is this…. On the 2nd instance you have a spouse in the US and if you decide to stay and AOS – it is harder to prove the fact that you did not have the intention of creating a short cut for yourself and apply for an AOS. We all know that you need a valid I-94 to complete your AOS among other things.

But on the 1st instance you are not married… you visit your fiancé and decide to get married… there some leeway of claiming that you did not intend to get married, but woop di doo… it just happened… an officer will look at you over his/her glasses and say yeah right… but again things do happen…

In other words – both cases are speculative however, you may have a better chance to claim 'non-intend' with the 1st instance than the second.

In both cases – it is a 50/50 chance… as everyone else said… why tempt fait…

[Yodrak 7]

Reba,

You present one set of facts, there are many other possible fact situations. I have a friend whose fact situation was a bit different, and after his wife entered the USA as a visitor, using a B2 visa, she successfully adjusted status. (Her citizenship interview is this month.)

What ever the chances of success given the facts that you've presented, and for the sake of discussion let's stipulate that the chances are very low, that's not the same thing as saying that a person who is married to a USC and enters the country as a visitor is not eligible to adjust if they decide subsequent to entry that they would like to remain as an immigrant.

Yodrak

They way I understood it is this…. On the 2nd instance you have a spouse in the US and if you decide to stay and AOS – it is harder to prove the fact that you did not have the intention of creating a short cut for yourself and apply for an AOS. We all know that you need a valid I-94 to complete your AOS among other things.

Exactly.

In that case, if you got married, then left, then later decide "oh yeah, I want to live with my spouse" and enter as a non-immigrant and apply for adjustment, its not going to be approved. That's what I was told when I was starting out at any rate, which is why I did the whole K3 #######.

How do you tell them at the border, "yeah, I'm married to a USC, but I'm just here as a visitor" and then a week and a half later send in the applications for AOS and a year later at the interview say "no officer I had no intention of staying I really was going to go home "

But what the hell do I know. I'm just an immigrant

[Asamu 0]

You present one set of facts, there are many other possible fact situations. I have a friend whose fact situation was a bit different, and after his wife entered the USA as a visitor, using a B2 visa, she successfully adjusted status. (Her citizenship interview is this month.)

Yodrak

Yordak, You are absolutely right that you can adjust your status from 'almost' any non-immigrant visa's to a permanent residence status - however, I am addressing the possibility of being scrutinized on your initial intent when you entered the country as a visitor, visiting your spouse followed by an AOS.

Technically you only need an I-94 and what not.... Even those who are out of status have a way to adjust status somehow. Don't know the details about that process but there is one in place. If not multiple....

Our fellow VJ member could try the visitors visa, however he/she may have to face two obstacles - the person he/she will be talking to at the POE and during their interview for the AOS, now that he/she is going to apply for the AOS within the US. keep in mind that it is the person at POE who grants or denies you entry - the embassy only gives you a visa. A visa does not grant you entry. I guess the only way for the embassy to guarantee your entry is for them to give you some sort of a letter that you would wave at the person at POE.... which I seriously doubt that they actually do that... but again... I do not know our fellow member's extent of muscle...

Anyhow -

If people from countries that have a visa waiver were given I-94's most of them would not be wasting their time and money for K1 or K3 - eg. Canadians - for that would have been too easy... Wish it was but NOP!

-Asamu

[Yodrak 7]

Asamu,

Certainly there will be scrutiny - perhaps intense scrutiny - I didn't indicate that there wouldn't be. I did indicate that it's possible, the law allows it when the facts are right.

To say that it may be difficult is correct, to say that it's not possible is wrong.

Yodrak

You present one set of facts, there are many other possible fact situations. I have a friend whose fact situation was a bit different, and after his wife entered the USA as a visitor, using a B2 visa, she successfully adjusted status. (Her citizenship interview is this month.)

Yodrak

Yordak, You are absolutely right that you can adjust your status from 'almost' any non-immigrant visa's to a permanent residence status - however, I am addressing the possibility of being scrutinized on your initial intent when you entered the country as a visitor, visiting your spouse followed by an AOS.

.....

-Asamu

[Asamu 0]

Asamu,

Certainly there will be scrutiny - perhaps intense scrutiny - I didn't indicate that there wouldn't be. I did indicate that it's possible, the law allows it when the facts are right.

To say that it may be difficult is correct, to say that it's not possible is wrong.

Yodrak

You present one set of facts, there are many other possible fact situations. I have a friend whose fact situation was a bit different, and after his wife entered the USA as a visitor, using a B2 visa, she successfully adjusted status. (Her citizenship interview is this month.)

Yodrak

Yordak, You are absolutely right that you can adjust your status from 'almost' any non-immigrant visa's to a permanent residence status - however, I am addressing the possibility of being scrutinized on your initial intent when you entered the country as a visitor, visiting your spouse followed by an AOS.

.....

-Asamu

Yordak - we seem to be talking about the same thing! Glad to know that I actually know a thing or two... I have enjoyed this discussion - let's hear what AustinPowers has to say...

-Asamu

[AustinnPawerss 0]

let's hear what AustinPowers has to say...

-Asamu

All right fellows I know you must be waiting for input after contacting to embassy, Well I went to embassy and really really appreciate to my friend he has done a wonderful job by arranging the person who actually takes interview, Ok here what I asked

Q, I've applied for visit visa in 2005 but no answer for long time so we got married in 2006 and in JUNE 2006 my wife filed the k3. Does this impact on my k3 process.

A. No this does not, because you have applied before your marriage.

Q, If I get this visit visa and fly to US to see my family to meet my wife does this count towards cheating or fraud ?

A. As per the embassy no, but it may cause problems when you land there at POE, the person who will stamp your passport wants to confirm that you are the right person

Q. I asked him aslo about his suggestion and the right advice or what should I do.

A. The person recommanded me to stick to one process and that is K3, he also recommanded me to cancel the visit visa process and do not get the visa and wait for your papers to come to you and then follow the k3 process, on which I agreed to and he straight away cancelled my visa and after 5 minutes they returned my passport and I came home.

and lots of other questions which I cannot write here, coz so many things I asked, but I think these questions were most important so I posted here also....

all right fellows enjoy , thankx once again for every support REBA,MARRYANDMIAN,Asamu,YODRAK and everybody, I sware I was really very much worried due to that....

[Asamu 0]

AustinnPawerss, I wish you the best in your Vjourney... good luck with everything

and thanks for sharing your experience with us... everyone's journey is a lesson to

everyone else's journey!

Regards,

Asamu

[AustinnPawerss 0]

AustinnPawerss, I wish you the best in your Vjourney... good luck with everything

and thanks for sharing your experience with us... everyone's journey is a lesson to

everyone else's journey!

Regards,

Asamu

Thankx dear, but as you saw that I already got the denail, now desperately waiting for the denail letter so that I can see if we are still eligible to apply or not, coz lots of my friends are saying these denails are normal and nothing to worry coz it happens mostly when there is some kind of communication gap and cross the expected date to provide some document etc etc...my I30 is till on and today I saw the update and they have received the document they asked for I30, so Allhumdullila I am very much hope ful that k3 denial happend due to lack of some documents. I am very much thankful to all of you who supported me in my journy.

Thanks and best regards

Austin

Edited December 16, 2006 by AustinnPawerss