Travel on Tourist Visa during AOS?

[BT78 0]

Hi! I married a USC in December 2008, and been in and out of the country with a tourist visa for the past months. After my last entry in April 2009, my husband and I decided to adjust my status already (AOS) while I am here. (So we don't ever have to be apart anymore)..

So we are in the process of submitting our I-130, I-485, I-693, I-864, I-765.. We plan to submit everything before the month ends.

My question is: Do I need to apply for I-131 (Application for Travel Document) while my AOS application is pending, even if I have a Multiple Entry Tourist visa? (We have a planned cruise to Jamaica, Cozumel, Grand Cayman in August).

Will appreciate your input. Thank you very much.

[furiousng 2]

Hi! I married a USC in December 2008, and been in and out of the country with a tourist visa for the past months. After my last entry in April 2009, my husband and I decided to adjust my status already (AOS) while I am here. (So we don't ever have to be apart anymore)..

Yes you need the i-131.

Edited April 23, 2009 by furiousng

[Bobby+Umit 161]

Hi! I married a USC in December 2008, and been in and out of the country with a tourist visa for the past months. After my last entry in April 2009, my husband and I decided to adjust my status already (AOS) while I am here. (So we don't ever have to be apart anymore)..

So we are in the process of submitting our I-130, I-485, I-693, I-864, I-765.. We plan to submit everything before the month ends.

My question is: Do I need to apply for I-131 (Application for Travel Document) while my AOS application is pending, even if I have a Multiple Entry Tourist visa? (We have a planned cruise to Jamaica, Cozumel, Grand Cayman in August).

Will appreciate your input. Thank you very much.

I agree, you will no longer be a tourist, but adjusting status. Plus your I-94 will expire most likely in August (?).

One question, when you entered in April 09 on the tourist visa, what did you tell the CBP Officer? That you were on vacation, or visiting your USC husband?

[BT78 0]

Hi! I married a USC in December 2008, and been in and out of the country with a tourist visa for the past months. After my last entry in April 2009, my husband and I decided to adjust my status already (AOS) while I am here. (So we don't ever have to be apart anymore)..

So we are in the process of submitting our I-130, I-485, I-693, I-864, I-765.. We plan to submit everything before the month ends.

My question is: Do I need to apply for I-131 (Application for Travel Document) while my AOS application is pending, even if I have a Multiple Entry Tourist visa? (We have a planned cruise to Jamaica, Cozumel, Grand Cayman in August).

Will appreciate your input. Thank you very much.

I agree, you will no longer be a tourist, but adjusting status. Plus your I-94 will expire most likely in August (?).

One question, when you entered in April 09 on the tourist visa, what did you tell the CBP Officer? That you were on vacation, or visiting your USC husband?

Thanks for the reply... My I94 expires in October.. Yes, i told the CBP officer I was visiting. Because that was the case. We only decided to adjust status a few weeks after I got here.

Edited April 23, 2009 by BT78

[Bobby+Umit 161]

Hi! I married a USC in December 2008, and been in and out of the country with a tourist visa for the past months. After my last entry in April 2009, my husband and I decided to adjust my status already (AOS) while I am here. (So we don't ever have to be apart anymore)..

So we are in the process of submitting our I-130, I-485, I-693, I-864, I-765.. We plan to submit everything before the month ends.

My question is: Do I need to apply for I-131 (Application for Travel Document) while my AOS application is pending, even if I have a Multiple Entry Tourist visa? (We have a planned cruise to Jamaica, Cozumel, Grand Cayman in August).

Will appreciate your input. Thank you very much.

I agree, you will no longer be a tourist, but adjusting status. Plus your I-94 will expire most likely in August (?).

One question, when you entered in April 09 on the tourist visa, what did you tell the CBP Officer? That you were on vacation, or visiting your USC husband?

Thanks for the reply... My I94 expires in October.. Yes, i told the CBP officer I was visiting. Because that was the case. We only decided to adjust status a few weeks after I got here.

My only concern is that you were married to an USC when you entered as a visitor. If they want to play hardball, they could say you had the intent to immigrate or you misrepresented yourself. (didn't tell them you were visiting your USC husband)

(I take it you had the visa prior to marriage? So it's in your maiden name? And your I-94 is in your maiden name?)

I would proceed very carefully. Coming and going after marriage, that isn't the normal way to go about this. Normally you AOS first. I would consult with a lawyer before any travel.

[BT78 0]

Hi! I married a USC in December 2008, and been in and out of the country with a tourist visa for the past months. After my last entry in April 2009, my husband and I decided to adjust my status already (AOS) while I am here. (So we don't ever have to be apart anymore)..

So we are in the process of submitting our I-130, I-485, I-693, I-864, I-765.. We plan to submit everything before the month ends.

My question is: Do I need to apply for I-131 (Application for Travel Document) while my AOS application is pending, even if I have a Multiple Entry Tourist visa? (We have a planned cruise to Jamaica, Cozumel, Grand Cayman in August).

Will appreciate your input. Thank you very much.

I agree, you will no longer be a tourist, but adjusting status. Plus your I-94 will expire most likely in August (?).

One question, when you entered in April 09 on the tourist visa, what did you tell the CBP Officer? That you were on vacation, or visiting your USC husband?

Thanks for the reply... My I94 expires in October.. Yes, i told the CBP officer I was visiting. Because that was the case. We only decided to adjust status a few weeks after I got here.

My only concern is that you were married to an USC when you entered as a visitor. If they want to play hardball, they could say you had the intent to immigrate or you misrepresented yourself. (didn't tell them you were visiting your USC husband)

(I take it you had the visa prior to marriage? So it's in your maiden name? And your I-94 is in your maiden name?)

I would proceed very carefully. Coming and going after marriage, that isn't the normal way to go about this. Normally you AOS first. I would consult with a lawyer before any travel.

Thanks for your concern.

Yes I did have the visa before marriage. In my maiden name, likewise with the I-94. (since my passport still bears my maiden name)

Case is I am an international flight attendant, and I am in and out of the USA every month. I am in the USA now as a visitor, and it is only now that we decided to adjust status after we spent more time together here. I have the same apprehension, which is why I am glad VJ shares similar experiences. I am iffy about travel now, maybe we should consult a lawyer. Thank you so much for your help.

[payxibka 10,045]

Hi! I married a USC in December 2008, and been in and out of the country with a tourist visa for the past months. After my last entry in April 2009, my husband and I decided to adjust my status already (AOS) while I am here. (So we don't ever have to be apart anymore)..

So we are in the process of submitting our I-130, I-485, I-693, I-864, I-765.. We plan to submit everything before the month ends.

My question is: Do I need to apply for I-131 (Application for Travel Document) while my AOS application is pending, even if I have a Multiple Entry Tourist visa? (We have a planned cruise to Jamaica, Cozumel, Grand Cayman in August).

Will appreciate your input. Thank you very much.

The answer is that if you leave without having been paroled, then the moment you leave the USA you immediately give up your current "status"... which is important because it is this "status" that you are trying to adjust from. If you have no "status" then you have no basis to adjust... Your next entry would create "new" status and you would need to begin again.... this time the issue of "intent" at entry would become more problematic.

As an international flight attendant are you sure your status is "B" and not "C"?

Edited April 23, 2009 by payxibka

[BT78 0]

Hi! I married a USC in December 2008, and been in and out of the country with a tourist visa for the past months. After my last entry in April 2009, my husband and I decided to adjust my status already (AOS) while I am here. (So we don't ever have to be apart anymore)..

So we are in the process of submitting our I-130, I-485, I-693, I-864, I-765.. We plan to submit everything before the month ends.

My question is: Do I need to apply for I-131 (Application for Travel Document) while my AOS application is pending, even if I have a Multiple Entry Tourist visa? (We have a planned cruise to Jamaica, Cozumel, Grand Cayman in August).

Will appreciate your input. Thank you very much.

The answer is that if you leave without having been paroled, then the moment you leave the USA you immediately give up your current "status"... which is important because it is this "status" that you are trying to adjust from. If you have no "status" then you have no basis to adjust... Your next entry would create "new" status and you would need to begin again.... this time the issue of "intent" at entry would become more problematic.

As an international flight attendant are you sure your status is "B" and not "C"?

Yes I have "B" status now that I entered using my tourist visa. I am on "C" status when I come to the USA on a flight duty. Have both types of visa.

Got your point. Travel will have to wait til I get adjusted. (Fingers crossed! )Thanks for the advice!