AOS from other types of visas (not K-1/K-3) - Is it possible?

[ladywhite 0]

Hello there,

Thank you in advance for helping me with these questions of mine.

1. If i managed to enter the US on a certain type of visa other than a K-1/K-3 (let say... a business visa) and then happened to get married to a US citizen. Would I be able to petition for AOS while I stayed in the US legally (supposed I was allowed to be in the country for 6 months on my business visa)??????

2. Let say that my 6 months was about to be up, as a legal spouse of a US citizen, would I have a privilege and be able to do something (with the USCIS) to extend my stay until I receive a green card?

All responses are greatly appreciated.

Ladywhite

[john_and_marlene 162]

Hello there,

Thank you in advance for helping me with these questions of mine.

1. If i managed to enter the US on a certain type of visa other than a K-1/K-3 (let say... a business visa) and then happened to get married to a US citizen. Would I be able to petition for AOS while I stayed in the US legally (supposed I was allowed to be in the country for 6 months on my business visa)??????

2. Let say that my 6 months was about to be up, as a legal spouse of a US citizen, would I have a privilege and be able to do something (with the USCIS) to extend my stay until I receive a green card?

All responses are greatly appreciated.

Ladywhite

You can file I-130 and I-485 concurrently. The I-130 will be the basis for the I-485. The pending AOS will permit you to legally stay in the U.S. while it is being processed.

[Kez/JWolf 6]

You will find all the answers to your question here http://www.visajourney.com/forums/index.ph...page=i130guide2

Good Luck

Kezzie

[desert_fox 32]

Read the instructions that come with a 485. They tell you who can and who cannot adjust status.

[ladywhite 0]

Thanks a lot, guys, for helping.

from the link provided by Kezzie, the warnings sound very frightening. So, I guess it's a No No to come to the US to marry a US citizen on any type of visa but wait in your home country for a K-visa to be granted.

Any thoughts on that????

One of my freinds came to the US on a student visa and later fell in love and got married. She then filed for AOS and, soon enough, got a green card. Why was it not a problem (i.e., use her visa for a wrong purpose)??????

I remember reading this from here from one poster: Nobody can prove that you planned on imigrating to the US by marrying your sweetheart using a tourist visa during your visit. this kind of thing happens, right???

Any Thoughts on that, folks???

I am trying to make sense of whether it is okay to happen to come to the US on business or pleasure, happen to get married, and then entertain a thught of being deported and banned to re-enter the country again for years...

Please help me.

Thanks so very much.

Ladywhite

[camaleon 0]

What are u talking about?

Am almost sure that can adjust your status from a Bussines VISA!, but anyway you should read the I485 instruccion...

c u later

[zyggy 9]

Thanks a lot, guys, for helping.

from the link provided by Kezzie, the warnings sound very frightening. So, I guess it's a No No to come to the US to marry a US citizen on any type of visa but wait in your home country for a K-visa to be granted.

Any thoughts on that????

One of my freinds came to the US on a student visa and later fell in love and got married. She then filed for AOS and, soon enough, got a green card. Why was it not a problem (i.e., use her visa for a wrong purpose)??????

I remember reading this from here from one poster: Nobody can prove that you planned on imigrating to the US by marrying your sweetheart using a tourist visa during your visit. this kind of thing happens, right???

Any Thoughts on that, folks???

I am trying to make sense of whether it is okay to happen to come to the US on business or pleasure, happen to get married, and then entertain a thught of being deported and banned to re-enter the country again for years...

Please help me.

Thanks so very much.

Ladywhite

The difference in the student visa case was her intent. Was it her intent to fall in love, get married and immigrate when she first entered the US... No.. it was her intention to study..

In your case, you do have the intent to enter the US, get married and immigrate... so in your case, it would be visa fraud...

Each case has it's own details and it's own circumstances. In the immigration business.. drawing inference on what happened to other without knowing the complete details is VERY dangerous...

Another thing to remember is that the burden of proof that you did not have immigrant intent is not on the US Government... it's on you...

The US Government does not need to prove your immigrant intent to give an denial. You have to provide the evidence needed to prevent the denial... In essence, you are presumed to have had immigrant intent when you entered until you provide evidence to the contrary to the satisfaction of the USCIS Adjudicator.

Edited July 17, 2006 by zyggy

[ladywhite 0]

Hi there:

All the responses are greatly appreciated.

zyggy, your comments make a lot of sense. and I agree with your last statement. I am enlightened. Thanks.

Ladywhite

[Peter Miami 0]

Good luck.

Peter Miami

[wallythedog 0]

I think this is something a lot of AOS applicants worry about being accused of. I mean visa fraud in the form of intention to stay at the time of entering the country.

I entered on the visa waiver program and then applied to change to spouse visa. I was REALLY worried that it looked bad because we'd already been married 3 years (in the UK) and my (American) husband got a job here and had already been working here for a few months when I joined him from England. I really didn't know until I got here that I would want to stay, but you have to admit it looked bad. "How are they going to believe I didn't intend to stay?" I wondered. I didn't have any evidence to offer except my word. But there's no way anybody can prove what your intention was in the past and they didn't even ASK us about it in the interview, just stamped APPROVED and said goodbye. After all the worrying, nobody was more shocked than me - even though I hadn't done anything wrong.

Here's the thing - if your official reason for entering the country was for business and you had a business visa, you didn't break the law. If you then decided to get married and decided you wanted to change your visa status to 'spouse' visa to stay in the US, you're still not breaking the law.

Another thing - I called the USCIS helpline a billion times to ask for help filling in the forms and I was always totally honest and they were generally really helpful. The first time I called was to ask if I was eligible to apply because I didn't fit in any of the tick boxes on the form, so they told me to tick OTHER and write a sentence to describe my situation. So if your situation's not on the form, just call and ask. It doesn't mean you can't do it.