Married to a US citizen and have a tourist visa.

[VanessaTony 3,567]

I think Bob's being misunderstood. He was saying basically, your lawyer was right. IF, at the time of speaking with your lawyer and finding out it was an option you immediately AOS'd you wouldn't have this "intent" issue. BUT seeing you are back in your home country "researching" it and you know now that it CAN be done that way, you now have the issue of intent.

The issue is, you know now this exists. If you had prior knowledge this was a possibly BEFORE you entered the country then you technically are doing something illegal.

Lets pretend you DID try and do it this way (whether you had intent or not) the risks of doing it this way are high. If you are denied and you overstayed your I-94 in order to wait for the results of your AOS and that time exceeded 180 days past your i-94 date, you would get a 3 year ban. If you applied for AOS immediattely after entering the Us on a tourist (etc) visa then it appears like it WAS premeditated. Most of the time this sort of thing happens close to the I-94 expiry date (when it really IS "spur of the moment") because, faced with the knowledge that your loved one is leaving again soon, that's when these ideas and decisions are made. AOS'ing takes roughly 90 days BUT it can take longer so it's very risky that you'll pass the 180 day mark.

---

As you have asked several times but never had answered, yes, you can continue to visit your husband until the visa is approved. You can stay with him (up until your I-94 date of course) and then leave to be there for the interview and medical and police check's etc that need to be done. Sometimes it's harder to enter but if you wait AT LEAST until you have the NOA1 from applying for the spouse visa, they will look at that as proof of you doing the legit way and less likely to deny you entry. As well as the typical "ties" evidence you show every time

Good luck.

[Deputy Purple 1,294]

So, Bob whatever intent I dont have (or do have) that is my head only, but there is still that issue of not being admitted into the country at the first place as many people have said. I most certanly will have a job and the apartment and paperwork to prove it but I have no idea if that is going to be enough for the border people if I want to just visit my hubby.

Scribble, so the other Bob is correct in that many have fudged to system so to speak. In the end the choice is yours to make. What you need to understand is that if you enter on your valid B-2 Visa and "suddenly" decide that you just can't leave your hubby there is a chance of Adjustment being denied and you being handed a Misrepresentation charge. If this happens how bad is it? Well here you go:

1) Lifetime re-entry ban to the US that is not waiverable.

2) US Citizen spouse can be charged with felony, serve time in prison and thousands of dollars in fines.

So if the chance is just 0.5% (1 in 200) that you're the one who gets caught, can you live with the consequences?

On the other hand, you can visit your husband using you existing Visa but if questioned at POE you must be 100% honest and not lie about having a US Citizen Spouse. Don't offer any more information that they ask for though. Always bring strong proof of ties back to Russia like proof of apartment rental, employment or school expecting your return etc. Now there is always the chance that CBP will turn you away but being truthful is paramount.

Personally I'd never tell someone to risk doing something that has even a 0.05% chance of causing them & their loved ones that much grief.

Yet another time when I have to ask, "Why risk it?"

[Otto 83]

** Just to be clear.

VJ does not advocate circumventing US Immigration Laws; in fact, it is a subject that is expressly forbidden.

• [Will Not]
  Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.
  

I'm not saying this has occurred in this thread/topic (because I'm not sure it has) but it is important to remind folks of our obligation to each other. Especially when the subject of 'intent' comes up.

I think we all want each other to have a quick and trouble-free journey to the US (or while in the US) but must stop short of giving legal advice or advice that could be misinterpreted.

[Brother Hesekiel 2,236]

So, Bob whatever intent I dont have (or do have) that is my head only, but there is still that issue of not being admitted into the country at the first place as many people have said. I most certanly will have a job and the apartment and paperwork to prove it but I have no idea if that is going to be enough for the border people if I want to just visit my hubby.

Scribble,

if you have even the slightest doubts that what I outlined will either work for you or is the right thing for you to do, go play it safe exactly the way others on this board suggested by applying for a CR-1.

I can't guarantee that you won't be the one in a million person who will have trouble at the POE. I can only apply inductive reasoning in such a way that due to the fact that the sun has risen on the horizon every morning so far, it will rise again tomorrow. But who knows. Maybe it's going to be dark tomorrow, and the world as we know it has come to an end. There will always be variables when it comes to immigration + point of entry + plus immigration officer + plus rainy day, so there are no guarantees in life, ever.

Edited May 5, 2010 by Just Bob

[mydogfarted 0]

I'm sort of in the same situation. My wife and I have two children together. Both were born here, but are obviously U.S. citizens just being my children (cost us a small fortune too). My wife and I travel back and forth across the border (she's Canadian) several times a year. We got married while on vacation in the Caribbean last year. On the way back, she got flagged as a possible overstay risk. In some ways, this actually works in our favor. Canadians driving across the border are usually not given I-94s, but now she's required. When we travel, we make sure to have EVERY piece of documentation we have - ties back home to Canada, NOAs, etc. She was last issued a 180 day I-94 in January.

Started K-3 not long ago. Filed I-130 and have received NOA1 and 2, so it has been forwarded to the NVC. Contacted several lawyers recently because the instructions for using the I-129F for a K-3 are as clear as cement. - only one would talk to us without having $3000 or more in hand to hire them. He explained to me that all I need is an AOS at this point because she's here, and this is something he does often. I'm still a little leery of it, but I'm willing to bet he's not going to risk getting disbarred for the relatively small fee he charges. I'm going to do a little background checking on him before proceeding and ask for references.

I guess what I'm saying is have your husband contact a lawyer, explain the situation, and see what HE advises. Then make your decision based on his advice combined with what you've read here. Like I said, I'm still not sure what I'm going to do. Filing the I-129F isn't going to cost me any money either way.

[JohnIrish 0]

I find this discussion quite fascinating! I was asked my opinion on the following ---- My friend married a women who overstayed her tourist visa. She was actually married to someone from her country and divorced him while in the US. This couple was wondering if they should apply for the AOS and start the process since they were aware of her getting married while she was here on an overstayed tourist visa.

From reading all the comments here and from reading the facts on the Government Website, I was under the impression that they should have her go back to her home country and file for a K-3 visa. That is what I suggested.

They did not want to be apart and contacted an attorney who simply filed the AOS paperwork. They did the interview (without the attorney present) and were successful. The only "tough" question asked was how she was able to get a divorce if she was still in the US. She told them that her family filled the paperwork.

My thoughts... unfortunately, this is America and the Immigration Laws are all screwed up. I still think the correct process would be to file from the home country. My friends did the opposite and were very successful. So, your guess is as good as mine!

[Brother Hesekiel 2,236]

Have you heard the phrase: first, do no harm?

Well, the one thing that applies to overstay situations is DO NOT LEAVE THE USA. Anybody who overstayed and leaves triggers a ban, often 10 years. So if somebody asks for your advise in an immigration matter and you're not sure about it, tell 'em.

I hope they didn't leave the country. If she left, she won't be coming back until 2020, whereas filing for AOS here is a routine thing and all overstay is being forgiven.

[daboyz 36]

Just a note to everyone talking about K-3. It's pretty much dead as of February 1, 2010. If NVC get's the I-129F and I-130 at the same time (which seems to happen in almost all cases now) NVC will close the I-129F. IR-1/CR-1 is the only option now.

[daboyz 36]

http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[onedoz 0]

i overstayed for one year,my wife is a USC now we have been married for 4yrs with two kids(both USC).what are my chances for AOS.we are about to file?

[milimelo 4,477]

i overstayed for one year,my wife is a USC now we have been married for 4yrs with two kids(both USC).what are my chances for AOS.we are about to file?

If you came in on a visa (tourist, work, or student) you're good for AOS.

Only problems are for EWI, K3 and K1 visa, alongside crewman's visa - they can't adjust.