AOS for tourist visa----Help please !!!

[sweetpiano 0]

The short answer to your original question is yes, your lawyer is correct and you are technically eligible to adjust status from a tourist visa. The problem with your times and dates and case file is that it will be difficult to show your intent NOT to adjust status when you entered the country. If immigration believes that you entered with intent to adjust status and stay then what you are trying to do is not a legal way to immigrate and they will deny your case, while in the meantime while you are waiting for the denial to come in you will likely overstay.

The warnings here are that you should be prepared to prove that you did not intend to stay, and that the adjudication officer who processes your case is instructed to assume that you did enter the country with intent to stay. If there is enough evidence that you did (and your package will have a wedding certificate of some sort with a date that pre-dates your entry, and will have a recent date for when your husband was naturalized as a US citizen and you entered the country after telling an officer at the border that you intended to return and you subsequently did not) the evidence is already stacked against you - and you are risking your marriage and future by just the appearance of impropriety.

I always see this forum as a place to give and receive advice on legal family immigration, and in our case, I do not think I personally would have risked our entire marriage just to cut corners or to dodge the draconian immigration laws. Whatever you choose to do we wish you the best.

I concur with the above.

[envy_me 18]

The short answer to your original question is yes, your lawyer is correct and you are technically eligible to adjust status from a tourist visa. The problem with your times and dates and case file is that it will be difficult to show your intent NOT to adjust status when you entered the country. If immigration believes that you entered with intent to adjust status and stay then what you are trying to do is not a legal way to immigrate and they will deny your case, while in the meantime while you are waiting for the denial to come in you will likely overstay.

The warnings here are that you should be prepared to prove that you did not intend to stay, and that the adjudication officer who processes your case is instructed to assume that you did enter the country with intent to stay. If there is enough evidence that you did (and your package will have a wedding certificate of some sort with a date that pre-dates your entry, and will have a recent date for when your husband was naturalized as a US citizen and you entered the country after telling an officer at the border that you intended to return and you subsequently did not) the evidence is already stacked against you - and you are risking your marriage and future by just the appearance of impropriety.

I always see this forum as a place to give and receive advice on legal family immigration, and in our case, I do not think I personally would have risked our entire marriage just to cut corners or to dodge the draconian immigration laws. Whatever you choose to do we wish you the best.

couldnt agree more..