Tourist Visa to Green Card possible?

[SexyBabe777 0]

Hello there everyone, my husband and I have been married since Jan 3rd 2006 in Malaysia (my native country) and I had come to the USA via tourist visa(single entry) on Feb 20th and am allowed to stay till August. My question is this, is it possible for me to adjsut my status to a green card while i'm here or will I get into trouble for doing so. I had registered my marriage here already. We called the INS and they said that it's possible but I need to send a package to Chicago but I am still not sure because I went to other websites and it had said the possibility of being charged for Visa Fraud since I had promise to come home.

I am just wondering if anyone had gone through this? My husband is a US citizen and once the paperwork has been processed am I allowed to go home and visit or I have to stay here?..Thank you so much, I just dont want to be seperated from my hubby... Nurul

[john_and_marlene 162]

I think it would be very difficult to prove that you were not planning to stay when you entered on the tourist visa since you were married prior to entry. You cannot use a tourist visa for the purpose of immigrating.

[chocolaterie 0]

You can do AOS, however you will have to prove that you did not have intent to immigrate when you entered.

I think it may be harder for you to do AOS because you were married prior to entering the usa. Although it is not impossible. I do know of one Korean couple, that went through the exact same process. She needed a lot of evidence proving ties to her country.

Do you have bank accts in Malaysia? Property? etc?

I would recommend waiting until you receive your greencard before travelling outside the usa.

[rclouse 0]

Hello there everyone, my husband and I have been married since Jan 3rd 2006 in Malaysia (my native country) and I had come to the USA via tourist visa(single entry) on Feb 20th and am allowed to stay till August. My question is this, is it possible for me to adjsut my status to a green card while i'm here or will I get into trouble for doing so. I had registered my marriage here already. We called the INS and they said that it's possible but I need to send a package to Chicago but I am still not sure because I went to other websites and it had said the possibility of being charged for Visa Fraud since I had promise to come home.

I am just wondering if anyone had gone through this? My husband is a US citizen and once the paperwork has been processed am I allowed to go home and visit or I have to stay here?..Thank you so much, I just dont want to be seperated from my hubby... Nurul

Yes, your tourist visa was granted on the promise that you would return. I'd recommend your husband start the K-3 process if he hasn't already and you should return to Malaysia at the end of your tourist visa's validity (and not one day over, it'd be bad for you).

In order to stay legally you'd have to prove that when you entered on your tourist visa in February you didn't intend to stay permanently. That'll be a pretty difficult thing to do. I wouldn't take that chance. Go back to Malaysia and go through the process. If your husband starts it now, you should have your K-3 in about 6 months.

Good luck to you!

[SexyBabe777 0]

Thank you for the replies, but seriously other than my family I do not have any property etc. I did not have the intention of staying here in the US and just thought that maybe I could do an AOS since I am already here. Do you know how long it would take for me to get a visa to come to the US permanently via me being in Malaysia and him here? Because I had been reading of people going through USA via fiance visa and perhaps I had made a mistake of getting married in my country..=( I am so confused...

[chocolaterie 0]

Thank you for the replies, but seriously other than my family I do not have any property etc. I did not have the intention of staying here in the US and just thought that maybe I could do an AOS since I am already here. Do you know how long it would take for me to get a visa to come to the US permanently via me being in Malaysia and him here? Because I had been reading of people going through USA via fiance visa and perhaps I had made a mistake of getting married in my country..=( I am so confused...

Yes you will have to do a k3 since you're already married. If you do embark on the AOS I do advise getting an immigration lawyer. If you don't, file the paperwork for a k3 as soon as possible to mark your place in line. And it looks like your tourist visa will last awhile, When it's up return back to your country, and it'll probably be a few more months and then you'll have your visa. You won't be separated for too long.

[bamdame 0]

Hello

Here is my take on this. My finance at the time came down here under a visitors visa, stayed for 6 months and went back to Canada. When she originally came down here we had a hell of a hard time getting through immigration because we stated we were engaged, although she was still living and working in Canada (keep her apartment and job - was able to use internet to work) and had yet to file for a K-1 visa.

The question the OHS/USCIS is going to ask is: If you are married, why are you not filing a I-130 to get a green card vs. just trying to get a EAD? Do you have a employer here in the states to sponsor you for the EAD? I can't see the USCIS granting a EAD on a visitors visa, it goes against logic. When are you going back to Malaysia? at the six month time frame or earlier and are you going to be able to prove that to an immagration officer at the point of entry to the US? Remember if you over stay your time it is going to be very painful and my prevent you from ever getting a green card/EAD

I really think it would be more difficult to go the avenue you are going and may cause issues on future visits to the US, ie. denied entry.

Hope this helps

[Kez/JWolf 6]

EAD???? where did the OP mention EAD??? did I miss something???

yes she can apply for AOS while here and she may well be approved... If you go to your local office and ask them if someone who is already married and here on a tourist visa can do AOS they will tell you Yes....

Does that mean its ok to do it???? I dont know... that is up to each couple and how much of a risk they are willing to take...

Kezzie

[bamdame 0]

You know your right, I got my AOS and EADs mixed up...but everything still remains the same. They are just going to say you have to apply for a K-3

Hello

Here is my take on this. My finance at the time came down here under a visitors visa, stayed for 6 months and went back to Canada. When she originally came down here we had a hell of a hard time getting through immigration because we stated we were engaged, although she was still living and working in Canada (keep her apartment and job - was able to use internet to work) and had yet to file for a K-1 visa.

The question the OHS/USCIS is going to ask is: If you are married, why are you not filing a I-130 to get a green card vs. just trying to get a EAD? Do you have a employer here in the states to sponsor you for the EAD? I can't see the USCIS granting a EAD on a visitors visa, it goes against logic. When are you going back to Malaysia? at the six month time frame or earlier and are you going to be able to prove that to an immagration officer at the point of entry to the US? Remember if you over stay your time it is going to be very painful and my prevent you from ever getting a green card/EAD

I really think it would be more difficult to go the avenue you are going and may cause issues on future visits to the US, ie. denied entry.

Hope this helps

[aussiewench 9]

Im with Kezzie

From US Consular Services Australia website, but it is relevent to all

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

[SexyBabe777 0]

Okay, so the best way from what I understand is to go back and wait for the K3 to happen because the last thing I want to do is to be denied to come here. I mean I am grateful that they even granted my tourist visa in the first place because at the time it was not looking good, just got married, no job and no property. Thank you all so much, the AOS in my case just seem so much more risque'.

[vamsi 0]

Good luck with the K3! Hopefully you and your husband won't have to be apart too long.

[aussiewench 9]

It never ceases to amaze me how much slanted information is given, scaring the pants off anyone when they post about adjusting status from a vistor visa or the VWP when they are married to a USC.

The OP was granted a visa by the US embassy in Malaysia even though she was married. She was inspected and granted entry to the US. Circumstances have changed and on having asked USCIS has been told that she can file for AOS (as they do). The embassy websites themselves say that one can do this as well. The USCIS websites say that this can also be done. Should I go on.......Damm this is so sad and just wrong.

[Yodrak 7]

SexyBabe,

Yes it's possible for you to adjust status while remaining in the USA, and yes it's possible that you will get into trouble for trying to do so.

No one here can tell you which is more likely to happen in your case. But an immigration attorney who's had some experience with people in similar situations can discuss the specific facts of your situation with you and give you advice on the alternative courses of action that are open to you, and can possibly suggest the probable outcomes. Have a consultation with one.

Yodrak

Hello there everyone, my husband and I have been married since Jan 3rd 2006 in Malaysia (my native country) and I had come to the USA via tourist visa(single entry) on Feb 20th and am allowed to stay till August. My question is this, is it possible for me to adjsut my status to a green card while i'm here or will I get into trouble for doing so. I had registered my marriage here already. We called the INS and they said that it's possible but I need to send a package to Chicago but I am still not sure because I went to other websites and it had said the possibility of being charged for Visa Fraud since I had promise to come home.

I am just wondering if anyone had gone through this? My husband is a US citizen and once the paperwork has been processed am I allowed to go home and visit or I have to stay here?..Thank you so much, I just dont want to be seperated from my hubby... Nurul

Edited May 5, 2006 by Yodrak

[john_and_marlene 162]

It never ceases to amaze me how much slanted information is given, scaring the pants off anyone when they post about adjusting status from a vistor visa or the VWP when they are married to a USC.

The OP was granted a visa by the US embassy in Malaysia even though she was married. She was inspected and granted entry to the US. Circumstances have changed and on having asked USCIS has been told that she can file for AOS (as they do). The embassy websites themselves say that one can do this as well. The USCIS websites say that this can also be done. Should I go on.......Damm this is so sad and just wrong.

To suggest to them that it is OK without also identifying the very real risks is just as wrong. Can it be done? (YES). Will they question it? (Perhaps). Are there advantages to doing it? (YES) Are there risks? (YES) Are there possibly big downsides associated with those risks? (YES) Is there a surer, safer, acceptable path with fewer risks? YES

There are pluses and minuses that have to be evaluated. She already knew the plus side...she would get to remain with her husband without separation. To turn a blind eye to the associated risks is just not right... so sad and just wrong.