Entered US as tourist and applying for I-130/ I-485

[Tinker77 0]

Ok for the record I actually didn't enter initially with intent to stay with my wife. When I came initially it was to help her settle and go back. I had my job, apartment etc. back in Canada when I came. They never asked any questions at the boarder. I went back home several times and a few months ago we just decided I would stay and apply for residence here.

I was freaking out because I'd never heard of K-3 visas before and thought we were doing the right thing by putting in all the forms. I'm pretty far along in the process and I've been fingerprinted and everything. This has never come up until I was talking with a friend back home and he informed me of this spouse visa thing.

Perhaps I'll get a lawyer.

Thank yo Kezzie, you made me feel a little better.

[athena_ny 1]

Ok for the record I actually didn't enter initially with intent to stay with my wife. When I came initially it was to help her settle and go back. I had my job, apartment etc. back in Canada when I came. They never asked any questions at the boarder. I went back home several times and a few months ago we just decided I would stay and apply for residence here.

I was freaking out because I'd never heard of K-3 visas before and thought we were doing the right thing by putting in all the forms. I'm pretty far along in the process and I've been fingerprinted and everything. This has never come up until I was talking with a friend back home and he informed me of this spouse visa thing.

Perhaps I'll get a lawyer.

Thank yo Kezzie, you made me feel a little better.

Okay, that's all you needed to say.

Then you should be okay given you have solid proof of intent (ties back home, a job, etc). Go visit an immigration lawyer but if you can prove you entered with no intent you should be fine. They may not ask, but they may.

[Kez/JWolf 6]

STOP ALL THIS INCORRECT INFO NOW..... YOU ARE ALL ###### ABOUT WITH SOMEONES LIFE......

To the OP if when you entered the USA you did not have any intention of remaining and were just coming for a visit and then after your entry you changed your mind... you are allowed to file for AOS exactly the way you have done so....

The fact that you were all ready married does not matter... you are an immediate relative of a USC and are allowed to file for AOS as long as you were legally inspected on entry... there has been many cases of a married couple changing their minds once the spouse is here for a visit and they have all done AOS and had no issues....

If you need some reassurance then make an appointment with a good immigration lawyer to go over your case and advise if you have anything to worry about.....

DO NOT DO AS PEOPLE HERE HAVE SUGGESTED AND LEAVE THE USA..... IF YOU DO YOU WILL BE DEEMED TO HAVE ABANDONED YOUR AOS....

Kez

You seriously need to calm down.

When told that if he/she had immigrant intent, they have a problem, the OP definitely said "What kind of problem? What should I do? Has anyone gone through this before?"

No one is telling them to go back if they did not have immigrant intent. The OP is insinuating with their responses that they entered with the intent to immigrate.

Unless you're suggesting that they misrepresent themselves. I'm not going to tell them to say they changed their mind after entering. You can bear that one if you wish.

I am very calm thank you..... go back and re-read the entire thread and you will see that everyone said you will have a problem, the OP has been accused of breaking the law... trying to get people on VJ to help him break the law.... when all along not one of you has any experience of his situation or what the law allows for and does not allow for in his situation....

Kez

If he doesn't have intent, he needs to say it.

Otherwise, everyone is left to assume from the nature of the responses that he did. And if YOU read the OP, you'll see the good job came before they entered according to him.

(And honestly, I don't need to be preached to. You don't have experience coming in already married either.)

Your right I got married after I arrived as a tourist..... but ask around on VJ and you will find out that I have done extensive research on this very topic... so that I could stop all the misinfo that is handed out to people who think that you can not do AOS from a tourist visa/VWP...

My research has included meeting with a Federal immigration judge and several immigration lawyers and local USCIS officers who advise the Federal Immigration courts on USCIS procedure...

So yes I am a bit more qualified to answer the question than you....

Kez

[YuAndDan 153]

If he doesn't have intent, he needs to say it.

Otherwise, everyone is left to assume from the nature of the responses that he did. And if YOU read the OP, you'll see the good job came before they entered according to him.

(And honestly, I don't need to be preached to. You don't have experience coming in already married either.)

It's the already married thing that sets off the Red flags. Adjusting status from visitors visa results in an AOS interview, and subject to probing questions, the USCIS IO will probe into if entry on a visitor's visa well after marriage and then adjusting status was not immigrations intent.

Adjustment from a K-Visa in many cases results in no interview, because K-Visa is an immigrant intent visa.

[athena_ny 1]

STOP ALL THIS INCORRECT INFO NOW..... YOU ARE ALL ###### ABOUT WITH SOMEONES LIFE......

To the OP if when you entered the USA you did not have any intention of remaining and were just coming for a visit and then after your entry you changed your mind... you are allowed to file for AOS exactly the way you have done so....

The fact that you were all ready married does not matter... you are an immediate relative of a USC and are allowed to file for AOS as long as you were legally inspected on entry... there has been many cases of a married couple changing their minds once the spouse is here for a visit and they have all done AOS and had no issues....

If you need some reassurance then make an appointment with a good immigration lawyer to go over your case and advise if you have anything to worry about.....

DO NOT DO AS PEOPLE HERE HAVE SUGGESTED AND LEAVE THE USA..... IF YOU DO YOU WILL BE DEEMED TO HAVE ABANDONED YOUR AOS....

Kez

You seriously need to calm down.

When told that if he/she had immigrant intent, they have a problem, the OP definitely said "What kind of problem? What should I do? Has anyone gone through this before?"

No one is telling them to go back if they did not have immigrant intent. The OP is insinuating with their responses that they entered with the intent to immigrate.

Unless you're suggesting that they misrepresent themselves. I'm not going to tell them to say they changed their mind after entering. You can bear that one if you wish.

I am very calm thank you..... go back and re-read the entire thread and you will see that everyone said you will have a problem, the OP has been accused of breaking the law... trying to get people on VJ to help him break the law.... when all along not one of you has any experience of his situation or what the law allows for and does not allow for in his situation....

Kez

If he doesn't have intent, he needs to say it.

Otherwise, everyone is left to assume from the nature of the responses that he did. And if YOU read the OP, you'll see the good job came before they entered according to him.

(And honestly, I don't need to be preached to. You don't have experience coming in already married either.)

Your right I got married after I arrived as a tourist..... but ask around on VJ and you will find out that I have done extensive research on this very topic... so that I could stop all the misinfo that is handed out to people who think that you can not do AOS from a tourist visa/VWP...

My research has included meeting with a Federal immigration judge and several immigration lawyers and local USCIS officers who advise the Federal Immigration courts on USCIS procedure...

So yes I am a bit more qualified to answer the question than you....

Kez

Haha, I'm glad you are a mind reader and can tell how much research I've done.

And in case you can't remember, my husband adjusted from a tourist visa, so I'm pretty well versed in the procedures even IF I hadn't researched.

But all bow to Queen Kezzie!

[Kez/JWolf 6]

If he doesn't have intent, he needs to say it.

Otherwise, everyone is left to assume from the nature of the responses that he did. And if YOU read the OP, you'll see the good job came before they entered according to him.

(And honestly, I don't need to be preached to. You don't have experience coming in already married either.)

It's the already married thing that sets off the Red flags. Adjusting status from visitors visa results in an AOS interview, and subject to probing questions, the USCIS IO will probe into if entry on a visitor's visa well after marriage and then adjusting status was not immigrations intent.

Adjustment from a K-Visa in many cases results in no interview, because K-Visa is an immigrant intent visa.

YuAndDan..... I have been on VJ since 2005 and I have seen many people do AOS who have entered on a VWP/Tourist visa and they were never asked probing questions at their interview... In fact most were never asked anything about their entry....

Part of my research into this was a question session with a Immigration Judge... one of the questions I asked was what if the couple were already married at the time of entry.... His reply was that the law allows for an immediate relative to file for AOS the law make no distinction about when the marriage took place... only that they are legally married.

Hope this helps

Kez

[Kez/JWolf 6]

Haha, I'm glad you are a mind reader and can tell how much research I've done.

And in case you can't remember, my husband adjusted from a tourist visa, so I'm pretty well versed in the procedures even IF I hadn't researched.

But all bow to Queen Kezzie!

I am not asking you to bow to anyone.... I am pointing out that it is not good to jump to conclusions about anything.... I only told you about my research because you were questioning my ability to answer the OP questions....

Kez

[Tinker77 0]

If he doesn't have intent, he needs to say it.

Otherwise, everyone is left to assume from the nature of the responses that he did. And if YOU read the OP, you'll see the good job came before they entered according to him.

(And honestly, I don't need to be preached to. You don't have experience coming in already married either.)

It's the already married thing that sets off the Red flags. Adjusting status from visitors visa results in an AOS interview, and subject to probing questions, the USCIS IO will probe into if entry on a visitor's visa well after marriage and then adjusting status was not immigrations intent.

Adjustment from a K-Visa in many cases results in no interview, because K-Visa is an immigrant intent visa.

YuAndDan..... I have been on VJ since 2005 and I have seen many people do AOS who have entered on a VWP/Tourist visa and they were never asked probing questions at their interview... In fact most were never asked anything about their entry....

Part of my research into this was a question session with a Immigration Judge... one of the questions I asked was what if the couple were already married at the time of entry.... His reply was that the law allows for an immediate relative to file for AOS the law make no distinction about when the marriage took place... only that they are legally married.

Hope this helps

Kez

Sorry I didn't mean to start a disagreement. I'm not going to abandon my AOS application and I applied for I-131 and won't be leaving the country until I have that.

I haven't been asked to do an interview yet but if I do I'll keep all of this in mind.

Thank you for your responses.

[Cécy 44]

Sorry I didn't mean to start a disagreement. I'm not going to abandon my AOS application and I applied for I-131 and won't be leaving the country until I have that.

I haven't been asked to do an interview yet but if I do I'll keep all of this in mind.

Thank you for your responses.

There are always disagreements when it comes to people who came for a visit and decided to stay. It's difficult for some, especially when they went through the hassle of a K visa, because they took the effort ahead of time to do research on what should be done.

If I were you, given that your status can raise red flags, I would not leave the country. Some might disagree, but I think that when you come on a visit like you, it's best not to risk things.

How long were you allowed to visit the US when you came in? If you overstayed that time, then definitely do not leave the country. Even with an AP, it's still up to the immigration officer to decided if you can come in or not.

Anyone else has an opinion on that?