Do you know anyone who was Denied AOS after marriage?

[Happy75 2]

Hi,

In this incredibly long wait for an interview at the Montreal Consulate (after a 6 month wait at VSC for NOA2) for our K1 I end up thinking a lot about this topic. I know people who have come to the U.S. and married on tourist visas, adjusted status and stayed successfully. After all this time and money and having to deal with this amazingly overcomplicated, stressful, and lengthy process I have yet to see or hear about someone who has been rejected for marrying on a tourist visa and deported or what have you. Does anyone have a story to share about an actual denial? I decided to do things the right way (K1) and am feeling like I am being punished for it by having to be away from my fiancee for so long. At this point I wouldn't recommend the K1 I would just point out the options and supposed risks in going the marriage and AOS route. It would be nice to know that there are actually risks and not just hearsay.

Thanks for sharing.

[nickbits 43]

You can only get away with that if you entered on a tourist visa legitimately.

You already started the K1 so they will know you had immigration intent when you entered and you will be denied AOS.

I know you were asking for real world experience with getting away with fraud but no one here is going to help you with that.

[TwoCats 55]

http://www.visajourney.com/forums/topic/292498-i-485-denied/

http://www.visajourney.com/forums/topic/287242-marriage-based-aos-from-tourist-visa-possibly-denied-what-to-do/

I did a quick look through things and found these two topics.

I'm sure there are more.

You may want to do a search for 'AOS Denied'.

However, most of the reasons for denial seem to be:

- overstays

- affidavit of support

- criminal record

Basically, the same things that would deny a K-1 as well.

[Zharren Young 32]

Hi,

In this incredibly long wait for an interview at the Montreal Consulate (after a 6 month wait at VSC for NOA2) for our K1 I end up thinking a lot about this topic. I know people who have come to the U.S. and married on tourist visas, adjusted status and stayed successfully. After all this time and money and having to deal with this amazingly overcomplicated, stressful, and lengthy process I have yet to see or hear about someone who has been rejected for marrying on a tourist visa and deported or what have you. Does anyone have a story to share about an actual denial? I decided to do things the right way (K1) and am feeling like I am being punished for it by having to be away from my fiancee for so long. At this point I wouldn't recommend the K1 I would just point out the options and supposed risks in going the marriage and AOS route. It would be nice to know that there are actually risks and not just hearsay.

Thanks for sharing.

hmmmm...actually, me either never heard anyone being denied from tourist visa getting married then AOS even if they intentionally entered to migrate in the US.

we keep on hearing people say its FRAUD, but i personally knew about 5 if not more friends and friends f friends that did obtain a tourist visa then flew to the US and got married after a couple of months and did AOS.

I have been reading around here for few months now and so far havent seen anyone posted of being denied on AOS from a tourist visa.

Me too would like to know the facts on this. not becoz im interested as im already almost at the end of my K1 myself but just to see how other options work out or lets say out of curiosity?

Edited March 18, 2011 by ERY

[Harpa Timsah 13,258]

http://www.visajourney.com/forums/topic/272191-i485-denied-help-asap/

http://www.visajourney.com/forums/topic/247229-any-kind-of-help-plz-i-485-denied-signed-deportation-document/

http://www.visajourney.com/forums/topic/225148-i-485-denied-options-to-reapply/

http://www.visajourney.com/forums/topic/269400-i-130-approved-i-485-denied/

Just a few from search "I-485 denied."

[ValerieA 350]

You can only get away with that if you entered on a tourist visa legitimately.

You already started the K1 so they will know you had immigration intent when you entered and you will be denied AOS.

I know you were asking for real world experience with getting away with fraud but no one here is going to help you with that.

I am not suggesting the OP deliberately commit fraud, but I do need to point out that your statement on already starting the K1 being an automatic denial is not true. I had started the K3/CR1 process when I came to visit my husband and I adjusted status with no issues.

[irishbynature 2]

We thought about it often too...the 8 1/2 month wait apart from my wife was almost unbearable. You are lucky though, Canada isn't that far compared to many people on this forum (including myself) who have a big pond between themselves and their loved ones. We just thought of it like this...8 months in the grand scheme of a 30-50 year relationship is nothing. To us it was about keeping the big picture in mind and minimizing risk. There were too many "what if" scenarios if we would have tried to do AOS off of a VWP visit or even a tourist visa. Now that that chapter is finished for us I don't think we would have chosen a different route...we have our whole lives ahead of us now. I know it is very hard to really take these words on board while you are stuck in limbo/waiting mode (I was the same way) but, in our experience it was worth the wait! Good luck.

[Happy75 2]

Nickbits,

You misunderstood my post entirely. In NO way was I asking for help on how to get away with fraud. I'm sorry you got that impression. I was asking for stories about rejected cases to further reinforce my understanding that I made the right choice; and also for proof so I can better inform others that K1 is the way to go, especially those who ask me why I didn't just get married. I was looking for peace of mind or validation that I made the correct choice based on fact.

To everyone else- thanks for your help.

[Brother Hesekiel 2,236]

I decided to do things the right way (K1) and am feeling like I am being punished for it by having to be away from my fiancee for so long.

Immigration is a bit like dating. The nice guys become "friends" with a charming girl eventually, whereas the bad boys get laid the same night. Nothing wrong with playing it safe, it may just take a bit longer.

[nickbits 43]

Nickbits,

You misunderstood my post entirely. In NO way was I asking for help on how to get away with fraud. I'm sorry you got that impression. I was asking for stories about rejected cases to further reinforce my understanding that I made the right choice; and also for proof so I can better inform others that K1 is the way to go, especially those who ask me why I didn't just get married. I was looking for peace of mind or validation that I made the correct choice based on fact.

To everyone else- thanks for your help.

To me, it seemed like you are frustrated with the process and just want to skip ahead to the end. Sorry I misunderstood.

Good luck.

Edited March 19, 2011 by nickbits

[iampatricias 17]

I was asking for stories about rejected cases to further reinforce my understanding that I made the right choice; and also for proof so I can better inform others that K1 is the way to go, especially those who ask me why I didn't just get married.

Man, whenever I'm chatting with people about how long this is taking and how terrible it is, I inevitably get asked, "why didn't you guys just get married in the first place?" and then I have to steel myself and remember we ARE doing this the right way and I end up explaining the issue of immigration intent to my friends and family... There are way too many risks to do it any other way but I'm with you - sometimes a little reassurance that we're not being masochistic about this helps.

[Krikit 1,164]

Moving from K-1 Process to General Immigration Discussion.

[SuperDuper! 230]

Immigration is a bit like dating. The nice guys become "friends" with a charming girl eventually, whereas the bad boys get laid the same night. Nothing wrong with playing it safe, it may just take a bit longer.

Waiting to hear if Bob was nice 'n nerdy or a down 'n dirty bad boy back in the day....?

Edited March 19, 2011 by Boing!

[SophWeb 25]

You probably won't find many examples here on VJ because this site practically screams "GO THE K-1 VISA ROUTE"

And anyone who says they're going a different route was probably talked out of it by the members here.

I understand your frustration. So many of my family and friends said the same thing - why didn't you just get married and stay.

Basically, not going through a K-1 process is risky. You would be constantly unsure if they were going to deny you for entering the US on a tourist visa with the intent to immigrate (which is illegal). Yes I'm sure many people have been approved by doing that, but I'm sure many have been denied too. At least with the K-1 process, so long as you have crossed your t's and dotted your i's and have no major complications in your case, you can almost guarantee an approval.

It's about the peace of mind, knowing that you did it the right, legal way, and you don't have to worry.