AOS from Tourist Visa

[Corbin 0]

I'm confused.... is it possible to do an AOS from a Tourist Visa? I know that you would file the I130, I485 and some other forms plus the fee.

But when I was reading this, Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US it made me wonder because of the warning.....

BE WARNED:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Some one please help out....

[Bobby+Umit 161]

Yes - you can AOS - however, if you are found to have misrepresented yourself upon entry, you could be denied and sent home.

Each case is different, most get passed through with no issues, but there are horror stories - the choice is yours.

That is a standard warning put in place - so people know that there may be a downside to doing what your thinking of, nothing more.

Most lawyers I talked to suggest not to do it from a tourist visa for what it's worth.

[Corbin 0]

Is there a time frame that they look at that they don't find the marriage fishy? I know that it would look out of place if you married almost as soon as you were together. What are the draw backs and pluses?

[EmVee 4]

Is there a time frame that they look at that they don't find the marriage fishy? I know that it would look out of place if you married almost as soon as you were together. What are the draw backs and pluses?

Drawbacks; No appeals process, if they reject you and you've accrued overstay you could incur a ban, it could get dicey for you if they have reason to believe it's a fraudulent marriage, blah blah blah. Basically, if you lied about your intentions when you entered on the VWP, and they find out, you are screwed.

Pluses; A lot of the time it's faster than going home and applying, you don't have to leave your spouse, I think it's a little less expensive as well.

The problem with AOS from VWP is that none of us can tell you if your case is going to be a breeze or a problem. It's not against the law to spontaneously get married halfway through a trip and decide to adjust, but you will have to prove your intentions weren't marriage to begin with. Again, they don't ask ten standard questions of you in the interview and then pat you on the back and send you on your way. Each officer will use their own discretion when reviewing your case, they'll come to their own conclusions and they'll question you based on those conclusions. Could be easy, could be dreadful.

So really, if you feel you have strong enough evidence to prove your case, and you're happy to go ahead, then there's nothing stopping you. You CAN apply for AOS from VWP. Lots of people do, myself included. Most of them sail through with minimal fuss. (I've only just begun so I can't give you my experience) But if you have doubts or if you have given them reason to be suspicious of you (quitting your job, selling your car, closing bank accounts, putting your place up for rent - whatever) then it's probably better not to take the risk and waste $1400.

Edit; Sorry, I forgot to mention... with the time-frame. When we consulted a lawyer she mentioned the 30/60/90 day rule; that the later into your trip the marriage is, basically, the more legit it seems. If you got married 6 days after entering the US it doesn't exactly look spontaneous. In saying that, if your marriage IS spontaneous and it happens to be on day 65, then they won't reject you based on that fact. People who don't plan to get married generally don't go looking up "safe" dates to get married within.

Edited March 9, 2010 by EmVee

[skidivawannabe 2]

I'm confused.... is it possible to do an AOS from a Tourist Visa? I know that you would file the I130, I485 and some other forms plus the fee.

But when I was reading this, Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US it made me wonder because of the warning.....

Some one please help out....

Yes if you are an immediate relative of a USC (spouse, parent, minor child), you may file for an adjustment of status from a Tourist visa if your USC relative files an I-130 petition concurrently.

Risks involve being accused of having "intent" to migrate upon entry, but I strongly feel (this is a personal opinion) that CIS is more focused on fraudulent marriages than "intent" issues.

There's a lot of debate in VJ among adjusting from tourist (or some other visitor status) and ones who took the K1/spouse visa route. If you are already in the U.S and have already gotten married (assuming you "eloped") then in a way, I think it's a bit IMPRACTICAL to have to go back again. Read on your options and weigh them. Only you know what is best for yourself.

[antda 13]

Hi Everyone,

Yes, VISITOR to AOS is perfectly LEGAL to do! (lol...I for one have done such...see my vj timeline...)

No, it's not illegal that you came to the US and get married while you were down here for a visit.

AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

Hope this helps too..Good luck on your journeys too..

Ant

P.S. If you HAVE PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT you're probably better off filing for:

-A K1 (fiance visa...go back to your former country, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to your former country, get married in the former country, file paperwork, come to USA, adjust status, get green card)

-A CR-1 (marriage visa...go back your former country, get married in the former country, file paperwork, come to the USA, get green card...)

I'm confused.... is it possible to do an AOS from a Tourist Visa? I know that you would file the I130, I485 and some other forms plus the fee.

But when I was reading this, Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US it made me wonder because of the warning.....

Some one please help out....

Edited March 9, 2010 by Ant+D+BabyA

[Justine+David 218]

Ant, the K3 visa is now dead as of 02/01/10...

[LT.Nora 7]

Hello

It is legal to do AOS for tourist visa as soon as getting married wasn't the intention of your trip.

I am one of those tourists who didn't plan to meet their partner-for-life on a trip, but it just so happened to be.

My visa status got some complications with denied extensions and so, but finally $6,000 later, the lawyer submitted AOS package last month and I already went for my biometrics appointment. So looking all good so far!

Fingers crossed!