She had a tourist visa and I married her. Help me keep her here...

[Rebecca Jo 1,962]

I can't tell that she entered with intent to immigrate from the single opening post.

[Used to be broken 147]

That is really rude.

I think you misunderstand how things work.

Don't you think it would be preferable if a lawyer told them that?

It may seem harsh as the crowd here gets just enough immigration law information on VJ to be dangerous.

The part of OP post that concerns me is the entry with intent to immigrate. He asked her to come here and live with him which as everyone knows is not kosher.

If the OP is already a citizen might be able to AOS without problem as mentioned, if he is LPR might be another issue altogether and if questioned on the entry might have another can of worms to deal with.

[Rebecca Jo 1,962]

It may seem harsh as the crowd here gets just enough immigration law information on VJ to be dangerous.

The part of OP post that concerns me is the entry with intent to immigrate. He asked her to come here and live with him which as everyone knows is not kosher.

If the OP is already a citizen might be able to AOS without problem as mentioned, if he is LPR might be another issue altogether and if questioned on the entry might have another can of worms to deal with.

Yes, the advice around here is very dangerous.

[Deputy Purple 1,294]

Yes, the advice around here is very dangerous.

Advice or intentional misinformation we are seeing repeatedly by the "Anti-AOS from non-immigrant Visa" Gang?

I agree she probably entered with immigrant intent which is illegal but it's fact that USCIS needs more than perceived intent at POE to deny the AOS so unless you don't mind telling them how to correctly file for AOS VJers really should just not reply to these threads. The intentional "You'll be deported automatically" and "No you can't do that" misinformation replies really do sully the value of VJ.

[Little_My 464]

K1 forum is an unfortunate location to post a question about AOSing from a non-immigrant status..

Whatever the situation is, I see no need to involve a lawyer at this point unless there is some major red flag that has not been mentioned yet. Most likely it will be a straight forward AOS, or possibly a CR-1 application with her returning to Brazil. In either scenario there is absolutely nothing out of the ordinary to worry about, and no reason to scare the living daylight out of these people.

[Nero 17]

Your English is not very good. In addition, you have no idea what is going on. Thirdly, your wife entered the US on a tourist visa with the intent to immigrate which is illegal. You need a lawyer.

#1 There is no use being judgmental of the OP - We all come here seeking advice and we havn't all done extensive amounts of research before making the next move. Furthermore not everyone has the same educational background so the quality of his English is irrelevent to this situation. Part of the appeal of Visa Journey is you can come here and ask questions without being judged. So let's keep the comments relevent.

#2 If his English isn't very good maybe when he said live he meant STAY like stay for a visit. So let's not ASSUME anything he's had a chance to answer.

#3 They havn't dont anything illegal yet. Legally she can still return to Brazil and they havn't violated anything. They should still be able to file a CR1 (I believe) from that point.

Getting a lawyer might not be a bad idea, but they really necesarily havn't violated any laws yet, and if she indeed came with the intent of having an extended VISIT then there is the possiblity that she could stay and file the AOS and CR1 simultaneously. Especially if they have proof like emails that say things to the effect of "Yeah, I'll take the time off of work, and when I get back to Brazil we can start looking into the K1 process"

Most importantly the OP just needed to answer the simple question about their intent. Even if she came here with the intent to marry, if she returns to Brazil as stipulated by her I-94 they can file the paperwork with a clear conscience.

[MatthewNCarolina 73]

Some people needs to just stay out of threads.

OP, there's a few members that gave you good answers already, I can't really give advice on it, but I am sure the most experienced members here will come, read your story and give you the best advices. Anyway, good luck.

[A + M 29]

We met at Disney World as interns 6 years ago and have had a relationship ever since. I asked her to come leave with me about 6 months ago. We got married last month. I have know idea what kind of paperwork we've got to do next...

Some questions:

Her tourist visa expires on the 21st. Problem?

Do we need to fill out an I485? a friend says no because we're married...

What do I need? What does she need? Any advice? Can we do this on our own?

Thank you in advance for your help.

1) No, no problem.

2) Yes, you HAVE to file for AOS (I-485) before her B2 (Tourist visa) expires, in your case, before 9/21/11.

3) Yes, you can do it on your own.

Your English is not very good. In addition, you have no idea what is going on. Thirdly, your wife entered the US on a tourist visa with the intent to immigrate which is illegal. You need a lawyer.

OP's English was good and understandable. I'm sure you speak Portuguese as good as the OP speaks English.

[MatthewNCarolina 73]

OP's English was good and understandable. I'm sure you speak Portuguese as good as the OP speaks English.

[Deputy Purple 1,294]

2) Yes, you HAVE to file for AOS (I-485) before her B2 (Tourist visa) expires, in your case, before 9/21/11.

Incorrect....

Overstay will be forgiven/overlooked for immediate relative of a US Citizen.

Now if the OP is a LPR then it's a whole different ballgame.

[Theresa0828 65]

Some people needs to just stay out of threads.

:thumbs:

[Ban Hammer 13,403]

thread moved to proper forum.

while some may not like the concept of adjusting status from a tourist visa, it is legal.

[Rebecca Jo 1,962]

Advice or intentional misinformation we are seeing repeatedly by the "Anti-AOS from non-immigrant Visa" Gang?

I agree she probably entered with immigrant intent which is illegal but it's fact that USCIS needs more than perceived intent at POE to deny the AOS so unless you don't mind telling them how to correctly file for AOS VJers really should just not reply to these threads. The intentional "You'll be deported automatically" and "No you can't do that" misinformation replies really do sully the value of VJ.

Well, why do people have to go bringing up "intent" before there's any evidence of it?

I wish the angry would keep still when these threads pop up. IMO, I'd rather hear the OP out first. If you just let them talk, you will know if there was pre-conceived intent or not. If we bring it up, well then of course the OP is going to say - oh no there wasn't any intent!

See what I'm saying?

[Rebecca Jo 1,962]

K1 forum is an unfortunate location to post a question about AOSing from a non-immigrant status..

Whatever the situation is, I see no need to involve a lawyer at this point unless there is some major red flag that has not been mentioned yet. Most likely it will be a straight forward AOS, or possibly a CR-1 application with her returning to Brazil. In either scenario there is absolutely nothing out of the ordinary to worry about, and no reason to scare the living daylight out of these people.

I disagree.

Whether there was intent or not, the OP's wife is considering immigrating from a non-immigrant entry. I very much think they should speak to a qualified family based ATTORNEY before they file.

[leafpicker 0]

We met at Disney World as interns 6 years ago and have had a relationship ever since. I asked her to come leave with me about 6 months ago. We got married last month. I have know idea what kind of paperwork we've got to do next...

Some questions:

Her tourist visa expires on the 21st. Problem?

Do we need to fill out an I485? a friend says no because we're married...

What do I need? What does she need? Any advice? Can we do this on our own?

Thank you in advance for your help.

I am not sure if someone else has mentioned this. But if you choose the route where she stays here after her tourist visa expires, do not let her leave the country until her AOS is complete. Otherwise it could be years before they let her back in.