I-94 will soon expire.. still pending AOS approval

[Kez/JWolf 6]

If the OP came here on a visitors visa and did not have any intent to immigrate at the time of entry but for some reason changed their mind after they had been admitted then they can file for AOS and remain... the law allows for this... you may be asked about your intent on entry, you may not be...

As for Visa fraud nobody here can say that because we do not know the OP intention at entry... as for withdrawing the application that would be a very foolish thing to do....

Go speak to a immigration lawyer just to go over your case so that you are as prepared as you can be for the interview....

Good Luck

Kez

Yet the OP's response refers to the length of time their visa has been in their possession rather than intent issues. I'd sure like to see what you'd say to the OP's original post, if you hadn't already seen my response. That may be more productive than attempting to argue with another poster. We're all saying see an attorney, which is not generally what we advise people to do when they have a question related to how long their AOS process is taking. I'm just being very clear about my reason for giving this advice because it may well be critical to the OP's future happiness.

While you're at it, I'm sure this OP would appreciate another point of view as well about a similar situation posted the same day.

http://www.visajourney.com/forums/index.php?showtopic=105062

I would have answered the OP in the same way I did.....

I am not attempting to argue with you or anyother poster.... I was stating the facts about filling for AOS from a Tourist visa..... if you see this as an attempt to argue with you then you are sadly mistaken....

Kez

[rebeccajo 14]

If the OP came here on a visitors visa and did not have any intent to immigrate at the time of entry but for some reason changed their mind after they had been admitted then they can file for AOS and remain... the law allows for this... you may be asked about your intent on entry, you may not be...

As for Visa fraud nobody here can say that because we do not know the OP intention at entry... as for withdrawing the application that would be a very foolish thing to do....

Go speak to a immigration lawyer just to go over your case so that you are as prepared as you can be for the interview....

Good Luck

Kez

Yet the OP's response refers to the length of time their visa has been in their possession rather than intent issues. I'd sure like to see what you'd say to the OP's original post, if you hadn't already seen my response. That may be more productive than attempting to argue with another poster. We're all saying see an attorney, which is not generally what we advise people to do when they have a question related to how long their AOS process is taking. I'm just being very clear about my reason for giving this advice because it may well be critical to the OP's future happiness.

While you're at it, I'm sure this OP would appreciate another point of view as well about a similar situation posted the same day.

http://www.visajourney.com/forums/index.php?showtopic=105062

What does that scenario have to do with the OP's?

I see them both as potential visa fraud cases, who need to see attorney's for immediate advice.

Does the way you 'see' the case give you permission to use inflammatory language?

[Marilyn. 340]

I am just wondering if the fact that the OP was already married at the time of entry makes a difference....

[pushbrk 13,260]

If the OP came here on a visitors visa and did not have any intent to immigrate at the time of entry but for some reason changed their mind after they had been admitted then they can file for AOS and remain... the law allows for this... you may be asked about your intent on entry, you may not be...

As for Visa fraud nobody here can say that because we do not know the OP intention at entry... as for withdrawing the application that would be a very foolish thing to do....

Go speak to a immigration lawyer just to go over your case so that you are as prepared as you can be for the interview....

Good Luck

Kez

Yet the OP's response refers to the length of time their visa has been in their possession rather than intent issues. I'd sure like to see what you'd say to the OP's original post, if you hadn't already seen my response. That may be more productive than attempting to argue with another poster. We're all saying see an attorney, which is not generally what we advise people to do when they have a question related to how long their AOS process is taking. I'm just being very clear about my reason for giving this advice because it may well be critical to the OP's future happiness.

While you're at it, I'm sure this OP would appreciate another point of view as well about a similar situation posted the same day.

http://www.visajourney.com/forums/index.php?showtopic=105062

What does that scenario have to do with the OP's?

I see them both as potential visa fraud cases, who need to see attorney's for immediate advice.

Does the way you 'see' the case give you permission to use inflammatory language?

Well, actually yes, but I don't see it as inflammatory language. I've yet to see how you would have responded absent a prior response from me. What is your case specific reason for suggesting the OP consult an attorney? Mine is make sure they don't end up paying the consequences of visa fraud. What's yours?

[rebeccajo 14]

If the OP came here on a visitors visa and did not have any intent to immigrate at the time of entry but for some reason changed their mind after they had been admitted then they can file for AOS and remain... the law allows for this... you may be asked about your intent on entry, you may not be...

As for Visa fraud nobody here can say that because we do not know the OP intention at entry... as for withdrawing the application that would be a very foolish thing to do....

Go speak to a immigration lawyer just to go over your case so that you are as prepared as you can be for the interview....

Good Luck

Kez

Yet the OP's response refers to the length of time their visa has been in their possession rather than intent issues. I'd sure like to see what you'd say to the OP's original post, if you hadn't already seen my response. That may be more productive than attempting to argue with another poster. We're all saying see an attorney, which is not generally what we advise people to do when they have a question related to how long their AOS process is taking. I'm just being very clear about my reason for giving this advice because it may well be critical to the OP's future happiness.

While you're at it, I'm sure this OP would appreciate another point of view as well about a similar situation posted the same day.

http://www.visajourney.com/forums/index.php?showtopic=105062

What does that scenario have to do with the OP's?

I see them both as potential visa fraud cases, who need to see attorney's for immediate advice.

Does the way you 'see' the case give you permission to use inflammatory language?

Well, actually yes, but I don't see it as inflammatory language. I've yet to see how you would have responded absent a prior response from me. What is your case specific reason for suggesting the OP consult an attorney? Mine is make sure they don't end up paying the consequences of visa fraud. What's yours?

There is no case specific reason. I frequently recommend an attorney consult. In fact, when querried I recommend it for all cases, irregardless of petition type or scenario described in the post.

[LaL 418]

I think between this, and the other thread the OP can glean some insight as to how her case might be a bit less straighforward than the average B2---> AOS adjustee and would want to seek competent counsel. I will respectfully request that the back & forth be kept to a minimum, as we have run the gamut of "you will be fine, you proved intent at the border, you might have difficulty with intent, you may have committed visa fraud and you have committed visa fraud." Seems to me its too grey an area without all the facts that we really can't guess on.

[Kez/JWolf 6]

I am just wondering if the fact that the OP was already married at the time of entry makes a difference....

It makes no diffrence if the couple are already married or not at entry..... the law allows for an immediate relative to change their mind after entry and file for AOS.... so they have to be married when they file for AOS, to qualify as an immediate relative.... the fact that the OP was already married just means it may have been harder to be admitted into the US in the first place.... but once admitted there is no diffrence...

Kez

[pushbrk 13,260]

I am just wondering if the fact that the OP was already married at the time of entry makes a difference....

It makes no diffrence if the couple are already married or not at entry..... the law allows for an immediate relative to change their mind after entry and file for AOS.... so they have to be married when they file for AOS, to qualify as an immediate relative.... the fact that the OP was already married just means it may have been harder to be admitted into the US in the first place.... but once admitted there is no diffrence...

Kez

I re-read your first post in the thread. It addresses what I wrote but does not address the issues the OP asked about.

[Kez/JWolf 6]

I am just wondering if the fact that the OP was already married at the time of entry makes a difference....

It makes no diffrence if the couple are already married or not at entry..... the law allows for an immediate relative to change their mind after entry and file for AOS.... so they have to be married when they file for AOS, to qualify as an immediate relative.... the fact that the OP was already married just means it may have been harder to be admitted into the US in the first place.... but once admitted there is no diffrence...

Kez

I re-read your first post in the thread. It addresses what I wrote but does not address the issues the OP asked about.

The OP had already got the answer to their question about an extension..... I was mearly giving the correct information as to filing for AOS from a tourist visa , after some very confusing comments and repllies that were designed to do nothing more than cause fear, where none is needed.... now why dont you let it go and move on.... instead of this continuing picking up people who dare to question your advice.... you do of course have the option to put me and any other posters on ignore.....

Kez

Kez

[pushbrk 13,260]

I am just wondering if the fact that the OP was already married at the time of entry makes a difference....

It makes no diffrence if the couple are already married or not at entry..... the law allows for an immediate relative to change their mind after entry and file for AOS.... so they have to be married when they file for AOS, to qualify as an immediate relative.... the fact that the OP was already married just means it may have been harder to be admitted into the US in the first place.... but once admitted there is no diffrence...

Kez

No difference? So, is it your recommendation that married couples that can secure any kind of visa to enter the US, simply forego the IR/CR or K3 process, enter on any visa they can, then adjust status?

If so, why do you suppose USCIS bothers to maintain the immigrant visa process for a spouse of USC? Is it just for those countries where it's difficult to get a visitor visa?

[Mags 112]

No difference? So, is it your recommendation that married couples that can secure any kind of visa to enter the US, simply forego the IR/CR or K3 process, enter on any visa they can, then adjust status?

That's not really what Kezzie meant/said, Pushbrk.

Edited January 17, 2008 by Mags

[pushbrk 13,260]

No difference? So, is it your recommendation that married couples that can secure any kind of visa to enter the US, simply forego the IR/CR or K3 process, enter on any visa they can, then adjust status?

That's not really what Kezzie meant/said, Pushbrk.

I believe it's the message a reader would get from reading the post. What's your alternate interpretation?

[rebeccajo 14]

No difference? So, is it your recommendation that married couples that can secure any kind of visa to enter the US, simply forego the IR/CR or K3 process, enter on any visa they can, then adjust status?

That's not really what Kezzie meant/said, Pushbrk.

I believe it's the message a reader would get from reading the post. What's your alternate interpretation?

The message is the law is the law whether you like it or not.

Is that 'straight' enough for you?

[pushbrk 13,260]

No difference? So, is it your recommendation that married couples that can secure any kind of visa to enter the US, simply forego the IR/CR or K3 process, enter on any visa they can, then adjust status?

That's not really what Kezzie meant/said, Pushbrk.

I believe it's the message a reader would get from reading the post. What's your alternate interpretation?

The message is the law is the law whether you like it or not.

Is that 'straight' enough for you?

No, it's not.

I take it the statement, if true justifies the following exchange. Would a moderator please clarify whether or not the following hypothetical exchange contains violations of TOS?

OP writes: I've been visiting my USC husband for almost three months on the VWP. We have an I-130 pending for an immigrant visa but I like it here so much I want to stay. Is it ok if I just file to adjust status instead of waiting out the immigrant visa process we started while I was still in the UK?

VJ member answers: Yes, US immigration law allows you to change your mind. Go ahead and apply to adjust status.

Remember, I'm asking a moderator to answer a specific question for the benefit of those following the discussion in this thread. Please include any alternate interpretation of Kezzie's statement for our benefit.

If, on the other hand, you see the extended discussion as I do, a silly argument about whether to say might be or might not be, please so state.

A link to this message has been forwarded by PM to CaptainEwok.

Edited January 17, 2008 by pushbrk

[Kez/JWolf 6]

No difference? So, is it your recommendation that married couples that can secure any kind of visa to enter the US, simply forego the IR/CR or K3 process, enter on any visa they can, then adjust status?

That's not really what Kezzie meant/said, Pushbrk.

I believe it's the message a reader would get from reading the post. What's your alternate interpretation?

pushbrk..... there is a very big diffrence between someone applying for a tourist visa or VWP so that they can come here and file for AOS so that they dont have to go through a K1/K3 or CR1/IR1, than someone who enters with no intent to remain and file for AOS and then for whatever reason they change their mind and wish to remain....

I would have thought after all this time and the 100s of times we have explained this to you, you would have realized that to accuse everyone that posts here on VJ about this very subject, is committing visa fraud is just wrong and you need to stop doing this... you claim to be here because you are a straight talker yet you are happy to continue to ignore the diffrence between someone who plans on entering the US on a tourist visa to get around the long wait for the correct visa and someone who comes on vaccation and then wishes to remain.... As I and other have pointed out to you the Law allows for this to happen... if you think this law should be removed from the books then you should contact your state representatives and seek their help.... until then people who file for I-130 and AOS from a tourist visa or VWP will continue to get the support and information they seek from me and other who understand the situation and wish to help... after all that is what VJ is here for.... I think you will find that if I and other who give this information were wrong and were deemed to be encouraging people to commit visa fraud we would have been suspended from VJ a long time ago...

Kez