AOS for someone on a Tourist Visa

[Speedytax 3]

I've have a friend who has a girl from China visiting him on a tourist visa.She is currently married to a man in Japan, and has dual Chinese-Japanese Citizenship. She attended college in the US over 20 years ago and has a degree in Finance. Somehow, she also has a SS Card and said she did work in the US when she was a student. Complicated enough yet?

She says she is in the process of getting a Divorce from her Japanese Husband and wants to know how she can get a permanent resident card(Green Card),so she can stay in America and work. The friend she is staying with wants to marry her, but they are trying to find a way(of Course)to shorten the process on keeping her in the US. SO, after she does get a final Divorce decree, what is their best plan. Get married when she is her on her Tourist Visa, then apply for an AOS, or have her leave the country and have him apply for a Fiance Visa. Their plan before talking to me was for them to apply for a Fiance Visa While she is here in The US, and then have her go back to Hong Kong for the interview,in 8 months or so. She has a 10 year Tourist Visa, which she can spend 6 months here, then they were planning on her going into Canada and coming back into the US for another 6 months, until the time of her interview.

Does any of this sound familiar? People always try to find some way around the Immigration Rules, and it never works out.My suggestion to them was get married, then apply for an AOS. Immigration may let her stay in the US. I know of at least 2 members of my Ex-wifes family that did that.Or they may make her go back to Hong Kong while the AOS is being processed. I'm sure her tourist visa will be instantly cancelled if they apply for a Fiance Visa.

So any suggestions? I gave him this website, so he will be able to see your responses.Thanks Bill

Oh, As for my current marriage, everything is going great. She arrived her March 5, Married May 6, Pregancy confirmed on June 3,AOS approved August 1,waiting now for green card. So my life is going good,that is why my friend was asking for advise. But I definitely don't have all the answers. Bill

Edited August 8, 2011 by Speedytax

[Operator 1,927]

A couple of comments:

The first thing that strikes me as funny is that China does not allow dual citizenship and for that matter neither does Japan. The second thing is that planning to get married on a future entry with a tourist visa is visa fraud. Lastly a tourist visa is not canceled when they apply for the K-1 visa.

What passport is her 10 year tourist visa in?

My suggestion is that they wait for her divorce to be final and file for the visa that best suits them.

BTW Congratulations!!

[Speedytax 3]

A couple of comments:

The first thing that strikes me as funny is that China does not allow dual citizenship and for that matter neither does Japan. The second thing is that planning to get married on a future entry with a tourist visa is visa fraud. Lastly a tourist visa is not canceled when they apply for the K-1 visa.

What passport is her 10 year tourist visa in?

My suggestion is that they wait for her divorce to be final and file for the visa that best suits them.

BTW Congratulations!!

Operator,

Sorry I don't know the answers to all these questions as the first time we talked was last night.I wondered about the dual citizenship, but that is what she said. I also wondered about a SS Card while on a student visa. As for the returning for marriage on a Tourist Visa, She says all she needs to do is sign the divorce papers and have them filed. She is already in the US and plans on marrying before her 6 months is up. I will have to call her and ask for answers to the other questions you asked.But I thought I read on here before that when you apply for a Fiance Visa,it would cancel her Tourist Visa, so she couldn't leave the US and then come back into the US, while the Fiance Visa was in processing. But that is why I am asking here. I definitely don't know all the Immigration rules. I will call her in a few minutes and ask her, but I just got the mail for today and my Wifes Green Card came in the mail today, so I want to run home and show it too her and give it to her of course. Bill

[Operator 1,927]

This is the way I understand AOS from a tourist visa...someone will certainly correct me if I'm wrong...if she had come here with the intent to visit and decided to get married after the fact and apply for AOS that is OK. If she arrives on a tourist visa with the intention of getting married and applying for AOS that is visa fraud.

My Fiancée has a 3 year tourist visa in her Chinese passport. She has used it twice to enter the US since I filed our petition for a K-1. Once the K-1 visa is issued she will use that one the next time she enters. So until the K-1 is issued her B visa is still good.

Either way your friend will have to get divorced before they file any visa application.

Congratulations on the GC!

[JAPrincess 27]

I've have a friend who has a girl from China visiting him on a tourist visa.She is currently married to a man in Japan, and has dual Chinese-Japanese Citizenship. She attended college in the US over 20 years ago and has a degree in Finance. Somehow, she also has a SS Card and said she did work in the US when she was a student. Complicated enough yet?

She says she is in the process of getting a Divorce from her Japanese Husband and wants to know how she can get a permanent resident card(Green Card),so she can stay in America and work. The friend she is staying with wants to marry her, but they are trying to find a way(of Course)to shorten the process on keeping her in the US. SO, after she does get a final Divorce decree, what is their best plan. Get married when she is her on her Tourist Visa, then apply for an AOS, or have her leave the country and have him apply for a Fiance Visa. Their plan before talking to me was for them to apply for a Fiance Visa While she is here in The US, and then have her go back to Hong Kong for the interview,in 8 months or so. She has a 10 year Tourist Visa, which she can spend 6 months here, then they were planning on her going into Canada and coming back into the US for another 6 months, until the time of her interview.

Does any of this sound familiar? People always try to find some way around the Immigration Rules, and it never works out.My suggestion to them was get married, then apply for an AOS. Immigration may let her stay in the US. I know of at least 2 members of my Ex-wifes family that did that.Or they may make her go back to Hong Kong while the AOS is being processed. I'm sure her tourist visa will be instantly cancelled if they apply for a Fiance Visa.

So any suggestions? I gave him this website, so he will be able to see your responses.Thanks Bill

Oh, As for my current marriage, everything is going great. She arrived her March 5, Married May 6, Pregancy confirmed on June 3,AOS approved August 1,waiting now for green card. So my life is going good,that is why my friend was asking for advise. But I definitely don't have all the answers. Bill

I would tell your friend to think long and hard about this

Aside from the red flags mentioned by the above posters, the way the part in bold is worded it seems she is looking to immigrate, and is not inlove with your friend

At the very least I would suggest to your friend that he be patient, have her go home and get DIVORCED first, and continue a relationship with her. If things progress they can marry on her next visit, apply for a CR1 and have her return to China to await her interview.

[Speedytax 3]

This is the way I understand AOS from a tourist visa...someone will certainly correct me if I'm wrong...if she had come here with the intent to visit and decided to get married after the fact and apply for AOS that is OK. If she arrives on a tourist visa with the intention of getting married and applying for AOS that is visa fraud.

My Fiancée has a 3 year tourist visa in her Chinese passport. She has used it twice to enter the US since I filed our petition for a K-1. Once the K-1 visa is issued she will use that one the next time she enters. So until the K-1 is issued her B visa is still good.

Either way your friend will have to get divorced before they file any visa application.

Congratulations on the GC!

OK, I finally heard from the woman so I could get a few more details.

First. Her passport was originally issued in Hong Kong, when it was a British Colony, 30 years ago.That is when she came to America to go to school and that is when she got a SS Card. She says she was married to a Japanese Citizen for 27 years and has 2 children with him, 1-19 years old and 1-16 years old.She now says she isn't a Japanese Citizen, just a permanent resident. She says she met her American Friend online and came to America to meet him and hopefully marry him. I knew neither of them before yesterday.A former employee of mine had her call my wife a few weeks ago, because she knew I had just married a Chinese woman and knew probably both woman would like someone to talk to in Chinese.

The next twist on this I just heard for the first time today.The chinese woman wants to bring both of her Children here to America too. She was told by someone else that it would take up to 2 years for her to get a Visa if she married the American and then applied for a CR-1, Where she could get the visa in 8-9 months if she went the Fiance Visa Route.But she was also under the assumption that she could keep coming to America on her Tourist Visa until she received her Fiance Visa. I am waiting for Darnell's take on all this. It all sounds like problems to me and I think I need to bow out and not get too far involved in something that may go bad. Thanks for your responses. Bill

[Anh map 2,098]

She won't be eligible for a visa petition or adjustment of status until she can produce a divorce decree or its equivalent.

Going home, getting the divorce decree, and then turning back around for the US for the wedding will raise an eyebrow or two with a USCIS officer.

The story sounds ...... dare I say..... fishy......

[Anh map 2,098]

She won't be eligible for a visa petition or adjustment of status until she can produce a divorce decree or its equivalent.

Going home, getting the divorce decree, and then turning back around for the US for the wedding will raise an eyebrow or two with a USCIS officer.

The story sounds ...... dare I say..... fishy......

[Speedytax 3]

Anh Map,

I don't know the laws in Japan for getting a Divorce. I don't know if she would be required to go to Japan to finalize the divorce or if she can just mail the papers to her attorney in Japan and have him finish it up for her.She gave me the impression that she was just going to mail in the papers and wait in the US for the Divorce. Then she still has time on her 6 month tourist visa visit to get married, without leaving the US.

When I filled out my Fiance Visa papers, I did see a section on there about bringing the fiances children with her, but since my Fiance didn't have children, I didn't research that area.

I am still of the opinion that if she gets her divorce, and then gets married, she can stay in the US while she applies for an AOS, but I don't know how that would affect her childrens coming to the US.Would it be faster for her to go back to Hong Kong and do it the Fiance Visa Way. Also I hear Married is cheaper than Fiance Visa, because of the AOS fees. I Don't know. That is why I am asking here. Thanks, Bill

[Casprd 167]

Several issues with this case and one comment. First the comment. China DOES recognize dual citizenship, but it is by birth. i.e. if my wife and I were to have a child while she is still a resident of China or if as a non resident Chinese citizen she gave birth in China then the child is eligable to have both a Chinese and US passport. I have looked in to this one extensively.

ok on to the issues with the case. First off, coming here on a tourist visa with the intent to marry is fraud plain and simple but unfortunately lots of people do it. The bigger problem is the red flags. A recent overseas divorce then a tourist entry, marriage and AOS will be a huge red flag and will likely end up in a denial for the AOS along with a ban.

Now, on to the solution. She can get divorced from her current husband, come to the US on a tourist visa and get married. Then file for a CR-1 while in the US and stay until just before her length of stay allowed is almost up before returning home and waiting out the rest of the time. This way everything is legitimate and she hasn't abused the tourist visa. She gets to stay with her husband for at least part of the process which shortens the difficult separation period.

Edited August 9, 2011 by Casprd

[milimelo 4,477]

OK, I finally heard from the woman so I could get a few more details.

First. Her passport was originally issued in Hong Kong, when it was a British Colony, 30 years ago.That is when she came to America to go to school and that is when she got a SS Card. She says she was married to a Japanese Citizen for 27 years and has 2 children with him, 1-19 years old and 1-16 years old.She now says she isn't a Japanese Citizen, just a permanent resident. She says she met her American Friend online and came to America to meet him and hopefully marry him. I knew neither of them before yesterday.A former employee of mine had her call my wife a few weeks ago, because she knew I had just married a Chinese woman and knew probably both woman would like someone to talk to in Chinese.

The next twist on this I just heard for the first time today.The chinese woman wants to bring both of her Children here to America too. She was told by someone else that it would take up to 2 years for her to get a Visa if she married the American and then applied for a CR-1, Where she could get the visa in 8-9 months if she went the Fiance Visa Route.But she was also under the assumption that she could keep coming to America on her Tourist Visa until she received her Fiance Visa. I am waiting for Darnell's take on all this. It all sounds like problems to me and I think I need to bow out and not get too far involved in something that may go bad. Thanks for your responses. Bill

If she wants to bring her children, she needs to do fiance visa as otherwise her 19 yr old would be inelligible. With K-1 and K-2 as long as the child is under 21 they get adjustment of status. Not the case when doing AOS from tourist visa and certainly not the case if she first marries in the US and files for CR-1 visa - both these options make her oldest child inelligible to get a visa until she herself files I-130 for the child and that falls in the F2A category and the wait time is around 3 yrs: 22JUL08 is what they're working on currently.

[milimelo 4,477]

Several issues with this case and one comment. First the comment. China DOES recognize dual citizenship, but it is by birth. i.e. if my wife and I were to have a child while she is still a resident of China or if as a non resident Chinese citizen she gave birth in China then the child is eligable to have both a Chinese and US passport. I have looked in to this one extensively.

ok on to the issues with the case. First off, coming here on a tourist visa with the intent to marry is fraud plain and simple but unfortunately lots of people do it. The bigger problem is the red flags. A recent overseas divorce then a tourist entry, marriage and AOS will be a huge red flag and will likely end up in a denial for the AOS along with a ban.

Now, on to the solution. She can get divorced from her current husband, come to the US on a tourist visa and get married. Then file for a CR-1 while in the US and stay until just before her length of stay allowed is almost up before returning home and waiting out the rest of the time. This way everything is legitimate and she hasn't abused the tourist visa. She gets to stay with her husband for at least part of the process which shortens the difficult separation period.

Your solution does not allow for her oldest to get an immigrant visa. Better option would be K-1.

[Speedytax 3]

OK, Thanks, I passed along the info to them. Now they have another question. On her children, the boyfriend is on Social Security Disabilty, and receives about $2000 a month, 24,000 a year. Is that enough to sponsor a Fiance and 2 children? if not, they were asking if they could sponsor the 19 year old and then when she gets here and gets a job and has more income, then sponsor the 16 year old?

[milimelo 4,477]

OK, Thanks, I passed along the info to them. Now they have another question. On her children, the boyfriend is on Social Security Disabilty, and receives about $2000 a month, 24,000 a year. Is that enough to sponsor a Fiance and 2 children? if not, they were asking if they could sponsor the 19 year old and then when she gets here and gets a job and has more income, then sponsor the 16 year old?

Why can't they get a co-sponsor? A friend, a relative - LPR or USC would work.

These are the poverty guidelines: http://www.uscis.gov/i-864p

For household of 4 it would be $27,937 (125% poverty line).

[Speedytax 3]

Why can't they get a co-sponsor? A friend, a relative - LPR or USC would work.

These are the poverty guidelines: http://www.uscis.gov/i-864p

For household of 4 it would be $27,937 (125% poverty line).

As for a co-sponsor, He said something about it, but when I sent the message 10 minutes ago, I was talking to her, not him. He is from California, now living in Washington State.I don't know if he has any friends who would be willing, because as I remmember from my papers, the sponsor would be making a 10 year commitment to sponsor, and that is asking a lot.As for family, they are 1000 miles away in California, but I will mention it to them.Thanks, Bill