The I-130 approve but i want come to us and adjust status

[borndivine30 0]

My aunt husband filed for her I-130 along with her minor child (who was added) the petion has been approved and as of 4/30/09 Nvc sent the affidict to her husband in Florida an the agent forms to her in Jamaica. Now she has a visiting Visa and plans to come here next month and file the AOS paper work. Can should she go about this and what about her 13 year old daughter, any help is really appreciated.

[payxibka 10,047]

I am not sure why this is posted in K-1... Moving

Using a non-immigrant visa (tourist) in order to circumvent US immigration laws is not allowed.

Edited May 5, 2009 by payxibka

[borndivine30 0]

I am not sure why this is posted in K-1... Moving

Using a non-immigrant visa (tourist) in order to circumvent US immigration laws is not allowed.

[/quote

Please note she's planning to come here because her husband is sick, and since she gonna be here she will change the agent information on the the agent bill so all he paperwork come to her here in the us, should she file the AOS or just have all the paperwork done here since she will be here visiting and taking care of her husband.

[payxibka 10,047]

Please note she's planning to come here because her husband is sick, and since she gonna be here she will change the agent information on the the agent bill so all he paperwork come to her here in the us, should she file the AOS or just have all the paperwork done here since she will be here visiting and taking care of her husband.

does not matter the purpose of the visit... at entry she is intending to pursue immigration on a non-immigrant visa/visit... When arriving on a non-immigrant visa she is indicating that if granted entry she WILL leave the US... when in fact her real intention is to NOT leave... this is where the problem is. She is attempting to misrepresent her true intentions...

Edited May 5, 2009 by payxibka

[borndivine30 0]

Please note she's planning to come here because her husband is sick, and since she gonna be here she will change the agent information on the the agent bill so all he paperwork come to her here in the us, should she file the AOS or just have all the paperwork done here since she will be here visiting and taking care of her husband.

does not matter the purpose of the visit... at entry she is intending to pursue immigration on a non-immigrant visa/visit... When arriving on a non-immigrant visa she is indicating that if granted entry she WILL leave the US... when in fact her real intention is to NOT leave... this is where the problem is. She is attempting to misrepresent her true intentions...

Ok, i see. please let me know what i should tell her to do in this cause? because when i called customer service for uscis they told me she can come here and adjust her status as long as she came on a valid visitors visa. but what i don't understand is if she come and adjust her status what should she do about her daughter who is also on the petition with her and she will leave back home in Jamacia.

[Mononoke28 135]

Well, the USCIS shouldn't have told her that she could do that because using a visitor's visa with the intention of staying and filing AOS is considered fraud. So that was an irresponsible answer from the USCIS. Now, there are people who have done so successfully but they always say that it was not their "intention" to stay.

What your aunt can do is wait for the NVC process and ask her husband to take LingChe's NVC shortcuts to move through the process at the NVC faster. After that, she should get her interview appointment in about 1-2 months.

Or, she can come to the US to visit him and go back home for her interview so she can get her visa and re-enter the US with her CR1/IR1 visa.

Diana