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Can I change my mind and stay while visiting?

By pikosss in Adjustment of Status from Work, Student, & Tourist Visas

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pikosss Newbie

pikosss   0

Posted
Filed: Country: Algeria
 Timeline
Posted

hi everyone,

i'm new here and i would like to know more informations about my case :

well, i'm from algeria and i'm married to a US citizen here in algeria 4 months ago, but she is in the US now.

i got a Tourist Visa because i wanted to visit her, but i heard that i can do adjustement of status from a Tourist Visa.

so, my question is :

can i come to the US with a tourist Visa and do Adjustement of status from my tourist visa ? and then my US citizen wife will file forms I-130 + I-485 ?

if yes, can i stay to live with her while the USCIS will approves my adjustement of status even if my Tourist Visa period is just for 3 months ? because i have just 3 monbths to be in the US as a tourist.

if there are better way than this one, i will be very thankfull for you.

thank you for taking time to answer :)

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted (edited)

No, you cannot do that. That is visa fraud and can get you a ban from the US. You cannot use a non-immigrant tourist visa to enter the US with the intent to actually immigrate.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

pikosss Newbie

pikosss   0

Posted
Filed: Country: Algeria
 Timeline
  • Author
Posted

No, you cannot do that. That is visa fraud and can get you a ban from the US. You cannot use a non-immigrant tourist visa to enter the US with the intent to actually immigrate.

NO, i will not enter the US with the intent to actually immigrate, i just wanted to visit her because she's sick in these days, and i just wanted to know if we can change our minds once we are in the US together.

well, what you advice me to do then ?

thank you Harpa for your help :) you are a nice person.

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

The fact that you are considering possibly adjusting your status once here on a tourist visa constitutes preconceived intent. You are planning to eventually immigrate to the US and you plan to possibly use the tourist visa to do that - that is enough to constitute visa fraud. Besides, you chances of getting a tourist visa now that you are married to a US citizen are limited.

The right route to take is the CR-1 spousal visa. You apply for the CR-1, which will take about 9 months to get. Once you have it, you can come to the US with that visa, and once you cross the border you will become a legal permanent resident, you will get your green card, and you are all set to go.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

bigdog Veteran

bigdog   376

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Do not commit fraud what every you do. Get everything squared away and go for it. It it is that complicated get an attorney if needed.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

You've gotten good advice so far. Another thing to keep in mind is that you are coming on a tourist visa from Algeria with a USC spouse. Chances are good you will be questioned at customs on exactly what your intentions are. You will likely need to show strong ties to your country. Additionally, if you are asked and specifically tell CBP that you are NOT planning to adjust status while in the US and then "change your mind" and try to adjust, you are looking at a whole slew of problems.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

You are already married when you arrive, you have posted your intent on a site that is sometimes monitored by immigration. It would be very stupid to try to adjust status with these things against you. You will have to do things the right way.

This will not be over quickly. You will not enjoy this.

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

hi everyone,

i'm new here and i would like to know more informations about my case :

well, i'm from algeria and i'm married to a US citizen here in algeria 4 months ago, but she is in the US now.

i got a Tourist Visa because i wanted to visit her, but i heard that i can do adjustement of status from a Tourist Visa.

so, my question is :

can i come to the US with a tourist Visa and do Adjustement of status from my tourist visa ? and then my US citizen wife will file forms I-130 + I-485 ?

if yes, can i stay to live with her while the USCIS will approves my adjustement of status even if my Tourist Visa period is just for 3 months ? because i have just 3 monbths to be in the US as a tourist.

if there are better way than this one, i will be very thankfull for you.

thank you for taking time to answer :)

It is illegal to enter the US on a visitor visa (tourist visa) with the intention to adjust status. You are considering this with a "change of mind" later. Nice try but it will not work. You already have the intent to "change your mind" to adjust. Damn - you are contemplating adjusting now before you enter the US.

There is a legal way for you to immigrate to the US and you are about to complicate your life. This is utterly stupid.

Do it the legal way. Visit the US. Go home. Have your wife file the I-130 so you can eventually get your immigration visa.

This is what may happen if you "change your mind." Enter the US and represent that you have no intention of adjusting. You attempt to adjust. The representation you made when entering the US on the visitor visa comes back to bite you in the ####. Your adjustment could be denied. You could be ban from the US for making a material misrepresentation.

Are the risks of deportation and a ban from the US worth the "change your mind" route to save a few months of separation WHEN YOU HAVE A COMPLETELY LEGAL WAY TO IMMIGRATE TO THE US??????? Absolutely not in my book.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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