AOS from a B2 Tourist Visa

[fastplz 0]

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[SouthernAmerican 0]

All of you people are scaring this poor girl to death.. don't you know that the things you say affect people. All she wants to do is live a normal life with her husband, to work, have a family and she has that here already. You see I am her mother in law.

Oh yeah and for the piece of work that added "Go ahead and keep living where you feel comfortable as long as it isn't here." Why would you say such a thing?!... If you are here to cause trouble then find some other hobby you pathetic piece of work.

My daughter in law is a sweet loving caring person and we as a family will get her through this. The government will know for certain that she is not here to gain entry.... but to start a life much like most of our forefathers.. face it... all of us came from somewhere else or else we would be full blooded Native Americans.. which by the way their blood flows though our veins as well...

Mrs. Dawn's Mother in Law = Southern American Woman and damn proud of it!

[SouthernAmerican 0]

The IRS is staffed with people.. not monsters.. they understand and work with honest people like my son and daughter in law.. my husband is from England and they were more than helpful to us... if any of you have had a hard time of it, for that I am sorry.. but most of the immigration people are just people doing a job... they are not mean and spiteful...

[trillium13 84]

but most of the immigration people are just people doing a job... they are not mean and spiteful...

Yes, and that job is to determine whether or not someone is trying to circumvent immigration laws or not. Just because two people are in love and want to be together, doesn't mean they don't have to follow all the same rules that everyone else does. Different countries have different laws and procedures. That's just the way it is. We may not like the rules but we still have to follow them.

It would be irresponsible for anyone posting here to just say "go ahead and do whatever you want, file for AOS, you love each other, you'll be just fine". I know that was the answer the OP wanted to hear-but no one here on this board can tell her whether or not she will have a positive result. She may be just fine-but she also needs to know that there ARE real risks involved. If she chooses to ignore those risks, that is her choice. But she is educated.

Unfortunately, it's not all just about love, as much as some might like to think so. If that was the case this whole process would be a lot easier for everyone.

I maintain that the OP has gotten good advice here. It just may not have been what she wanted to hear.

[Justine+David 218]

SouthernAmerican, it doesn't really matter if your daughter-in-law is the sweetest, most gentle person in the world. USCIS does not care about that. They only care about people following the laws.

Even if your daughter-in-law did suddenly change her mind while on a tourist visa to stay in the U.S. and adjust status, you have to look at it from the POV of the officer reviewing the case.

Two people married. Wife comes over on a tourist visa. Adjusts status. The fact that she was married prior to the tourist visa is a huge red flag in regards to immigration intention since most married couples try to stay together.

The folks here have given some good advice and write with the intention of helping your daughter-in-law avoid a potential U.S. ban if the case is slapped with misrepresentation. There is no appeal from an adjustment of a tourist visa if it gets denied.

In the end she and her husband will do whatever they will do. VJ just offers advice, take it or leave it.

In any case, I do wish the best of luck to the immigration process. We all know what it's like, no fun at all...

[VanessaTony 3,567]

All of you people are scaring this poor girl to death.. don't you know that the things you say affect people. All she wants to do is live a normal life with her husband, to work, have a family and she has that here already. You see I am her mother in law.

We are VERY aware that it affects people which is why we aren't telling her "it will all be okay". It MIGHT be but if we just her it would be good and to go ahead without warning her of the HIGH and EXTREME risks (with her being married on visitor entry) then we SHOULD feel bad if and when she is deported and given a lifetime ban.

Oh yeah and for the piece of work that added "Go ahead and keep living where you feel comfortable as long as it isn't here." Why would you say such a thing?!... If you are here to cause trouble then find some other hobby you pathetic piece of work.

I understand that was offensive, but he was responding to her insulting his country and by association, him. She was talking as though living in America is something to be ashamed of and that all that live here live with chickens and cows so his response was "you don't like it, don't live here". I understand his sentiment (though it was out-of-line I understand why he was upset) but it was a TOS violation and was reported which is why a moderator reprimanded him.

My daughter in law is a sweet loving caring person and we as a family will get her through this. The government will know for certain that she is not here to gain entry.... but to start a life much like most of our forefathers.. face it... all of us came from somewhere else or else we would be full blooded Native Americans.. which by the way their blood flows though our veins as well...

She IS here to gain entry and in fact she's already IN the US. She IS seeking a greencard which IS entry. She entered the US while MARRIED to a USC. She WANTS to AOS so she can stay HERE. You've stated it, just in the direct quote above that she wants to start her life HERE. It's pretty clear-cut that she wants to stay, that's obvious.

It's not about her marriage being fake. It's not about whether she's a bad person that we wouldn't want here, it's about her entering as a visitor with the INTENT to immigrate which is illegal. They don't often try and PROVE intent in cases like getting married in the US, but as she entered already married the intent APPEARS pretty obvious. I honestly have never seen anyone even attempt it this way but if you do want to try, I encourage speaking with a solicitor first, bearing in mind even the solicitor won't be able to tell you what the CO will decide.

As we have said, numerous times, she can TRY, no-one is stopping her from trying, but the risks would be far too great for ME to attempt (I love my husband too much to even think of risking it and I wouldn't let him try if the situation were reversed) which is why my advice is to NOT do it this way.

Edited March 25, 2010 by Vanessa&Tony

[Ms.Dawn 0]

We are VERY aware that it affects people which is why we aren't telling her "it will all be okay". It MIGHT be but if we just her it would be good and to go ahead without warning her of the HIGH and EXTREME risks (with her being married on visitor entry) then we SHOULD feel bad if and when she is deported and given a lifetime ban.

I appreciate all the advices and thank you all for letting me know the risks. But before anyone accuse or judge me, don't y'all think you should ask the "REAL" situation first before you say something like "You made a mistake in your thinking" I asked, and yes I did think about it but it doesn't MEAN I AM going to do it.

IT WAS JUST a simple yes or no question and a little explanation is what I needed. I don't need all you being Judgmental just because I thought about it. What is the point of asking if I just wanted to go ahead and do it? I don't really know where y'all got the impression of me not liking the answers? AGAIN, I think it is being judgmental.

AOS from a B2 Tourist Visa Is this possible? - This was the question, and a little explanation of my current situation. The reason why I asked because I wanted to know if it is indeed "Possible". If not, then I am going to follow the right way.

I understand that was offensive, but he was responding to her insulting his country and by association, him. She was talking as though living in America is something to be ashamed of and that all that live here live with chickens and cows so his response was "you don't like it, don't live here". I understand his sentiment (though it was out-of-line I understand why he was upset) but it was a TOS violation and was reported which is why a moderator reprimanded him.

I know it was wrong, I should have not said it. I understand if he got offended. I meant no offense by saying "a country full of cows and chicken" Let me ask a question though, and again, do not misinterpret, I don't mean to be a smart a** out of it, but what do you mainly see in the country side? Farms. Cows. Chickens. Pigs. The person I married whom I love so much, is used to living in the country side, Me on the other hand had lived in big, crowded, surrounded by stacked buildings all my life. We both lived in a completely different world, but still because we LOVE each other we risked or (ready to risk on my part) and leave everything behind just to be together. My hubby was ready to live in Hong Kong, I sponsored him a visa, He adjusted his status from tourist, He got APPROVED of 1 year dependent visa, He applied his resident HK Identity card. HE TRIED but he just can't, so we both decided to go back to America and see if I would want to live here. I still have my Job, I still have a Flat that I am paying and I still have BILLS and most IMPORTANTLY I have a RETURN Ticket after 1 month of staying. SO my ties in Hong Kong are way tight than what y'all are assuming.

She IS here to gain entry and in fact she's already IN the US. She IS seeking a greencard which IS entry. She entered the US while MARRIED to a USC. She WANTS to AOS so she can stay HERE. You've stated it, just in the direct quote above that she wants to start her life HERE. It's pretty clear-cut that she wants to stay, that's obvious.

Where is the (I WANT TO AOS?) (WHERE IS THE "MY INTENTION IS TO AOS") isn't this you being judgmental again here?

For your info Vanessa&Tony (I wished you asked before you said anything) We got married in HK because our INTENTION was to LIVE in HK and NOT in the US. I DID NOT say I WANT to AoS. AGAIN, I just asked if it is POSSIBLE? Because if it is, than I might as well TRY to AoS and TRY to live here. IF it doesn't WORK out THEN, I go back to HK and wait for my Petition. Simple.

AOS from a B2 Tourist Visa Is this possible?

Has anyone tried applying for AOS while on a tourist visa? I got married in Hong Kong and now I am in the US with my husband for a supposedly honeymoon/Long Vacation. But we just realized we cant live without each other and the hubby wants me to stay and not leave the US because the plane ticket costs a fortune.

Please help. Thanks - Mrs. Dawn

It's not about her marriage being fake. It's not about whether she's a bad person that we wouldn't want here, it's about her entering as a visitor with the INTENT to immigrate which is illegal. They don't often try and PROVE intent in cases like getting married in the US, but as she entered already married the intent APPEARS pretty obvious. I honestly have never seen anyone even attempt it this way but if you do want to try, I encourage speaking with a solicitor first, bearing in mind even the solicitor won't be able to tell you what the CO will decide.

Again, judgemental. I have no intentions of immigrating here. I came here to plainly VISIT and SPEND TIME with my Hubby and his family before we part ways again (because who knows we might see each other after 6 or 8 months?). BUT (As stated above) WE BOTH REALIZED we want to be together and not be apart anymore. Like everyone here, we both do sit down and think what want to do with our lives, is it wrong to change our mind and decide to be together?

As we have said, numerous times, she can TRY, no-one is stopping her from trying, but the risks would be far too great for ME to attempt (I love my husband too much to even think of risking it and I wouldn't let him try if the situation were reversed) which is why my advice is to NOT do it this way.

And lastly, to end this ISSUE, whatever it is that I decided to do, it will be the CO's decision that matters.

I thank y'all again for giving me good advices. BUT NEXT TIME, before ya'll judge and assume someone will commit immigration fraud, PLEASE ASK what the real situation is because some people may have used strong words on this post (as my mother-in-law said)"don't you know that the things you say affect people" AND I TOTALLY AGREE because y'all made me think I already MADE a HUGE mistake by ASKING if it's POSSIBLE to AOS.

Cheers xxx

[Laura & Kyle 16]

Yes, it's possible. It's possible the USCIS can say yes and it's possible they can say no. If you had completed a search through this forum, you would know it's possible (and why else would this subforum be called Adjustment of Status from Work, Student, & Tourist Visas?).

The main difference with your situation is that you are married before entering the US and then contemplating adjustment of status. Most of us who have gone through this were not married and not even engaged. The B-2 visa is for individuals who wish to visit the United States temporarily or to visit family or friends.

Good luck with your decision. You've burned a lot of bridges with people here at VisaJourney who can provide a lot of guidance and assistance.

[Ms.Dawn 0]

Yes, it's possible. It's possible the USCIS can say yes and it's possible they can say no. If you had completed a search through this forum, you would know it's possible (and why else would this subforum be called Adjustment of Status from Work, Student, & Tourist Visas?).

The main difference with your situation is that you are married before entering the US and then contemplating adjustment of status. Most of us who have gone through this were not married and not even engaged. The B-2 visa is for individuals who wish to visit the United States temporarily or to visit family or friends.

Good luck with your decision. You've burned a lot of bridges with people here at VisaJourney who can provide a lot of guidance and assistance.

Thank you Laura and Kyle. This is the answer I needed.

cheers x

[belinda63 3,038]

Yes it is possible, BUT if immigration decides you came into the country on a tourist visa with the intent to immigrate they can deny your AOS and they can place a life-time ban on you entering the US.

The question isn't can it be done, which is yes, but can you prove you did not intend to immigrate when you came. That is what they will be looking at.

[fastplz 0]

we tried, Got GC in 3 month

[meauxna 15]

What a bunch of twaddle.. Bob, I'm disappointed in your answer because you should know better.

Where the marriage took place has NOTHING to do with the immigrant's intent at entry; they have been living together overseas. She hasn't spoken to that at all. She hasn't said enough for anyone to really make a determination or recommendation.

Has anyone tried applying for AOS while on a tourist visa? I got married in Hong Kong and now I am in the US with my husband for a supposedly honeymoon/Long Vacation. But we just realized we cant live without each other and the hubby wants me to stay and not leave the US because the plane ticket costs a fortune.

Please help. Thanks - Mrs. Dawn

MD, you were inspected and entered legally. The smartest thing for you to do is have a private consulatation with an immigration attorney and take her advice to heart. When she has seen and heard it all, she can properly tell you whether you're a candidate to Adjust Status or not.

Don't get sidetracked with all the other stuff here. The only things you want to pay attention to first are: do you qualify to adjust status and does your husband qualify to sponsor you financially. If he thinks your plane ticket home is expensive, the AOS might be a shock for him. Budget at least $2000 for AOS and you should come out ahead.

$100-$200 is a fair price to pay for a consultation (which should really be recommended to everyone who finds themselves IN the US, married, and wanting to stay). Some things just don't go down as well online.

[sasaqlain 24]

Has anyone tried applying for AOS while on a tourist visa? I got married in Hong Kong and now I am in the US with my husband for a supposedly honeymoon/Long Vacation. But we just realized we cant live without each other and the hubby wants me to stay and not leave the US because the plane ticket costs a fortune.

Please help. Thanks - Mrs. Dawn

.... You had to have a return ticket if you were on a visit visa. I know that for a fact as you could not have entered the US without a return ticket in hand. So, you would rather throw that ticket away and not avail it. If money mattered, you definitely purchased a non-refundable ticket. Sorry, I should not be judging, but your story is hard to swallow. And yes, you can apply while on a tourist visa. But you have to have solid convincing reason to do so on a visit visa.

Good Luck

Edited March 28, 2010 by saspk