Tourist Visa to Green Card possible?

[meauxna 15]

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.

Can I give you an 'Amen, Sister!'?

The woman is IN the US; she has different options than someone OUT of the US. And she has different options than the ones listed here as her 'only' option.

If she's been scared out of the US, Malaysia is one place known for speedy DCF cases from non-resident USCs.

An immigration attorney would b the best person to give her advice since she is IN the States.

SexyBabe777: one question for you---are you saying that you got yor B visa *after* your marriage? And you told them at the Consulate that you are married to a USC?

I hope you and your husband spend a couple of hundred dollars (well spent) and see an immigration attorney soon---before you file any papers, for sure.

[pax 0]

She already knew the plus side...she would get to remain with her husband without separation.

But would filing for either a K-3 or a CR-1 necessitate them being separated again? We don't know what kind of permission the husband might have to go back to Malaysia, if he can wait it out with her there once her authorized stay on the B-2 is up.

Just a thought. Personally, I think the AOS might be risky, but to say it's risky isn't to say it's impossible. A consult with an immigration attorney is probably a good idea now.

If she's been scared out of the US, Malaysia is one place known for speedy DCF cases from non-resident USCs.

Good call, Mo, especially since the husband apparently was able to get some kind of visa into Malaysia, if they married there.

[meauxna 15]

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.

The point is that it's just as sad and wrong to send her packin' back across the Pacific without knowing all the information.

[irachka 0]

Don't pay attention to NOBODY here... people think they know.. but they don't really know.

Since you're married to an American citizen you're forgiven for any tourist visa stay and overstay. I personally know people who has gone through what you may go trough (if you choose).. and everything worked out just fine. Just make sure you get a lawyer (not an expensive one but a competent one) and prepare well for interview since they will want to know how come you didnt want to go through the other K3 stuff or K1. Remember it is your right as the wife of an American citizen to claim residency.

It's up to you.

[john_and_marlene 162]

She already knew the plus side...she would get to remain with her husband without separation.

But would filing for either a K-3 or a CR-1 necessitate them being separated again? We don't know what kind of permission the husband might have to go back to Malaysia, if he can wait it out with her there once her authorized stay on the B-2 is up.

Just a thought. Personally, I think the AOS might be risky, but to say it's risky isn't to say it's impossible. A consult with an immigration attorney is probably a good idea now.

If she's been scared out of the US, Malaysia is one place known for speedy DCF cases from non-resident USCs.

Good call, Mo, especially since the husband apparently was able to get some kind of visa into Malaysia, if they married there.

My point was: Not explaining the risks would be a disservice.

[meauxna 15]

On second thought, let us not go to Camelot. 'Tis a silly place.

--Monty Python and the Holy Grail

Going totally OT, we broke our no ice cream thing last night and scarfed up some of Ben & Jerry's new flavor:

Vermonty Python!

(I don't really recommend it tho--*Too* sweet)

(yes, there is such a thing)

[pax 0]

LOL! I can't wait to try the Fossil Fuels flavor. Have you had Dublin Mudslide yet? THAT one is to die for.

The Holy Grail line is one of my faves—such a great part in the movie, and so much subtext.

[Kez/JWolf 6]

I can say if I was in her shoes I would stay and do AOS.... in a way its no diffrent from what I did..... entered on a visit got married and stayed...

I wish her good luck in whatever she end up doing...

Kezzie

[john_and_marlene 162]

I can say if I was in her shoes I would stay and do AOS.... in a way its no diffrent from what I did..... entered on a visit got married and stayed...

I wish her good luck in whatever she end up doing...

Kezzie

There is one small, but very significant difference... you married AFTER you were here and she had just recently married him BEFORE she was here. I think that would be the red flag that MIGHT cause complications.

[zyggy 9]

I can say if I was in her shoes I would stay and do AOS.... in a way its no diffrent from what I did..... entered on a visit got married and stayed...

I wish her good luck in whatever she end up doing...

Kezzie

There is one small, but very significant difference... you married AFTER you were here and she had just recently married him BEFORE she was here. I think that would be the red flag that MIGHT cause complications.

Especially if she had the B2 before she was married... she may have entered the US.. but what questions were asked of her by the CBP and what answers were given.. those answers could hinge on whether it's a good idea or not..

The bar is higher to adjust if one entered the US after one was married that if one was married in the US after entry... a even higher bar of evidentiary proof of her intention to return to Malaysia may be needed...

Agree with meauxna, et al.. this is a case where a consulation with a good family based immigration attorney is necessary...

While it technically may not be necessary for her to leave the US and can apply for AOS at this time.. it may not be wise to do so due to the increased risks involved. This is where the couple need to weight out the risks on their own and determine if it's worth the risk to file in the US or to go back and file for DCF in Malaysia...

[SexyBabe777 0]

Oh wow guys, thank you for the replies and advices, I had gotten the tourist visa after I'm married to my hubby and they did know that he is a US citizen and I had promised them that I am coming back, I was just thinking if its possible to do it all here as opposed going back and forth..but seriously I just want to do it legally and do not want to jeopardize any chances I get in order to stay here and be with my hubby,,,I will definitely talk it out with my hubby and see what he has to say..thanks again and good to luck all of you ....

[Yodrak 7]

SexyBabe,

I hope your hubby says, "let's talk with an immigration attorney whose done this kind of thing and see what she says about our particular case."

Yodrak

Oh wow guys, thank you for the replies and advices, I had gotten the tourist visa after I'm married to my hubby and they did know that he is a US citizen and I had promised them that I am coming back, I was just thinking if its possible to do it all here as opposed going back and forth..but seriously I just want to do it legally and do not want to jeopardize any chances I get in order to stay here and be with my hubby,,,I will definitely talk it out with my hubby and see what he has to say..thanks again and good to luck all of you ....

aussiewench,

Really? The US consulate in Australia's web site says this?

So much for trusting the information on that web site.

Yodrak

.... It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

...

Edited May 9, 2006 by Yodrak

[aussiewench 9]

aussiewench,

Really? The US consulate in Australia's web site says this?

So much for trusting the information on that web site.

Yodrak

.... It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

Yodrak

If you google it comes up with a long list all saying the same or using INS in place of USCIS...in those google results include other US embassy sites, goa.gov website, etc Obviously it is text where references to INS has been changed to the now USCIS. Does that make information untrusty.....no, as the information included in the entire text not quoted is backed up by USCIS policy/law when it comes to AOS from a tourist visa or under the VWP once married to a USC.

Lorelle

Edited May 10, 2006 by aussiewench

[pax 0]

aussiewench,

Really? The US consulate in Australia's web site says this?

So much for trusting the information on that web site.

Yodrak

.... It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

Yodrak

If you google it comes up with a long list all saying the same or using INS in place of USCIS...in those google results include other US embassy sites, goa.gov website, etc Obviously it is text where references to INS has been changed to the now USCIS. Does that make information untrusty.....no, as the information included in the entire text not quoted is backed up by USCIS policy/law when it comes to AOS from a tourist visa or under the VWP once married to a USC.

Lorelle

Probably what Yodrak means is that it is at the discretion of the CBP, not USCIS.

[zyggy 9]

Oh wow guys, thank you for the replies and advices, I had gotten the tourist visa after I'm married to my hubby and they did know that he is a US citizen and I had promised them that I am coming back, I was just thinking if its possible to do it all here as opposed going back and forth..but seriously I just want to do it legally and do not want to jeopardize any chances I get in order to stay here and be with my hubby,,,I will definitely talk it out with my hubby and see what he has to say..thanks again and good to luck all of you ....

What do you mean they didn't know he was a USC.. That question is specifically asked for on the DS-156. Are you saying that you made a material misrepresentation in order to get the tourist visa. Better get your facts straight, because if you try to adjust on the Visitor status, you could get yourself in a whole world of trouble...