AOS x Tourist Visa

[Poline 0]

Hey guys!

Is it "illegal" to apply for the Green Card (through marriage) while on a Tourist Visa?

My interview is sep 8th and I would like to travel sep 26th. I already got the AP, but some people are telling me to wait till I have the Green Card in hands, because I could have some problems when I return to the USA, once I applied for the AOS on a tourist visa, which they said it is "illegal". Is that true? Should I wait till I get the GC?

Thanks!

[Inky 1,111]

If you are denied your green card, you cannot appeal because you are getting it based on a tourist. You would be put into removal proceedings. I would have to say that traveling right now probably shouldnt be on your top list of things to do. Getting your green card should be.

this question is in the wrong section you are not adjusting from a family visa you are adjusting from a TOURIST.

[Harsh_77 718]

I think it would be illegal, when you entered US on B1/B2 - you told the officer on POE that you have no intention of immigration, if you applied for AOS on tourist visa, that can be question as you lied to officer on POE.

I will have to travel on B1/B2 (Business) and officer at CO particularly told me to let officer on POE know that I have no intention of immigration on this trip, I will finish my business and then return back to my home country and wait for the my immigration process to me finished in my home country.

She also told me if I did not do so officer at POE can deny me entry and put me back on the next plane to my home country.

[ValerieA 350]

NO. It is NOT illegal. It is perfectly fine to adjust status from a B-2 visa; I did this, and should get my green card in the mail tomorrow (got the 'mailed green card' email yesterday). Having said that, I would wait to travel until you do have the GC. I don't know anything about your case, but if you have overstayed, you sincerely should not leave the US without a GC even if you got your AP, they may not let you re-enter due to the overstay.

I am running on the belief that Brazil is not in the Visa Waiver program - if you are in on a B-2, you CAN appeal a denial of your green card. However, don't worry, denials are rare and usually only happen to those who have misrepresented themselves or have made critical mistakes in the paperwork.

Edited August 17, 2010 by ValerieA

[Deputy Purple 1,294]

If you have overstayed a B Class Visa then don't expect to be allowed re-entry even with AP. Once you leave the US a re-entry ban will be triggered if you've overstayed by more than 180 days.

[Kathryn41 3,205]

moved from AOS from a family visa forum to AOS from a work, student and tourist visa forum as OP is adjusting from a tourist visa

[USUY2010 4]

As people here have said. Adjusting is NOT illegal. But if you're on overstay they can ban you from re-entering even with AP because you're not entering with your greencard but with your expired Tourist visa, so if I were you I wouldn't travel.

Hope that helps!

[Kathryn41 3,205]

Hey guys!

Is it "illegal" to apply for the Green Card (through marriage) while on a Tourist Visa?

My interview is sep 8th and I would like to travel sep 26th. I already got the AP, but some people are telling me to wait till I have the Green Card in hands, because I could have some problems when I return to the USA, once I applied for the AOS on a tourist visa, which they said it is "illegal". Is that true? Should I wait till I get the GC?

Thanks!

If it were illegal we wouldn't have a forum here in Visa Journey dedicated to applying for a green card from a work, student or tourist visa .

With your interview on September 8th one of three things will happen - you will be approved right away; you will be told that a decision can't be made right away and they would probably request more evidence, or you would be denied right away. If you get approved right away, let the Immigration Officer know that you have travel arrangements for September 26th as you may not receive the actual green card in time for your travels (You probably would, but there is the chance you might not). Ask for the I-551 stamp to be placed in your passport - this is the green card stamp and will allow you to travel while you wait for the hard copy green card to arrive.

If you get put on hold without a decision, you still have the AP that is valid until there is a decision. If you have an overstay from the time your tourist visa expired until the time you applied for AOS and it is more than 180 days, then yes, you cannot use the AP safety. You will be able to leave the US without a problem, but once you leave it will trigger an automatic 3 year ban. If your overstay is more than 1 year then the automatic ban will be 10 years. If your overstay is less than 180 days then there is no ban and you should be able to use the AP, but you might find yourself rather aggressively questioned at the border. Every time you use an AP there is a 'risk' that you will not be allowed back in. That risk becomes a guarantee with the 180 day plus overstay

If the AOS is denied then the question becomes moot .

The question about 'illegality' depends on one circumstance - did you intend to get married and remain in the US when you last entered the US? If the answer is yes, then yes, it is illegal and is considered visa fraud - knowingly using one type of visa to circumvent getting another, more difficult one. If you did not enter the US with the intention of getting married and remaining in the US afterwards but 'changed your mind' while you were here, then what you are doing is perfectly legal.

[Poline 0]

Thanks for all responses

I got married in 2007, never had any intention to live in the USA. I entered the country many time with my tourist visa, never had any problem. In the beginning of this year we decided to spend 6 months in the US. We were living in Brazil since 2008, and had our daughter last year. So, I never lied to any Officer about my intention to immigrate. My husband got a nice job opportunity, and we decided to stay here for a while, that is why we applied for the GC. Again, at first we had no intention to live here.

We applied for the AOS in June, and my I-94 expired on August, so I didn't overstay.

[Harpa Timsah 13,258]

We applied for the AOS in June, and my I-94 expired on August, so I didn't overstay.

If you didn't overstay, you can use the AP to travel. (Make sure you have it in your hand before you go). A lot of people are afraid to use it (and I was afraid for my husband to use it), but we had to use it and it worked fine. No problems. That's what it's there for!

[jiggy&jiga 0]

I have a similar condition with you.I visited my husband several times with a tourist visa.I came to visit him this time,but things didnt work I needed to stay in US.I wasnt inteding to stay while I was entering the US,but now I need to..We sent our AOS package,got the biometrics done,waiting for an interview date..Before we sent the AOS package,most of VJ members told us its risky.I did more search online,at the interview they might give us a hard time.I will let you know how my intervies goes,I am all stressed about it.Maybe its better if you enter with a spouse visa.Good luck to you all:))

[Poline 0]

well, I believe if the marriage is true, no need to worry.

Once I came to the USA, alone, with my tourist visa, after getting married, many people were telling me that was risky, the POE Officer wouldn't let me enter the country. As I said before, I had no intention to immigrate, and I believe that when you say the truth and is not doing anything wrong, you don't need to worry. The Officer asked me what were my intentions, I said that I was going to see my husband, he didn't say anything else, stamped my passport and that was it.

When we have our interview, I will ask the Officer to stamp my passport, and also ask him about take a trip without the Green Card in hands.

GLuck for us!

[USUY2010 4]

Wish you all the best! When you're home enjoy a nice feijoada for me. :Om nom nom:

[ValerieA 350]

I have a similar condition with you.I visited my husband several times with a tourist visa.I came to visit him this time,but things didnt work I needed to stay in US.I wasnt inteding to stay while I was entering the US,but now I need to..We sent our AOS package,got the biometrics done,waiting for an interview date..Before we sent the AOS package,most of VJ members told us its risky.I did more search online,at the interview they might give us a hard time.I will let you know how my intervies goes,I am all stressed about it.Maybe its better if you enter with a spouse visa.Good luck to you all:))

Don't worry, it is extremely unlikely you will be given a hard time. I had a CR-1 in process, entered on a tourist visa, and then overstayed and adjusted status. We were basically pre-approved at our interview, except the doctor had not completely filled out the medical forms, and I had to send those back. All she really asked me was "Did you enter on a visitor visa?" I answered yes and she officially told me I was approved and she would update the system when she received the new I-693.

I expect my green card in the mail this afternoon.

[jiggy&jiga 0]

Don't worry, it is extremely unlikely you will be given a hard time. I had a CR-1 in process, entered on a tourist visa, and then overstayed and adjusted status. We were basically pre-approved at our interview, except the doctor had not completely filled out the medical forms, and I had to send those back. All she really asked me was "Did you enter on a visitor visa?" I answered yes and she officially told me I was approved and she would update the system when she received the new I-693.

I expect my green card in the mail this afternoon.

Thanks a lot,make me feel better Congrulations on your greencard:))