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jonDutch

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

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

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Deema & Wayne Collaborator

Deema & Wayne   28

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Filed: Citizen (apr) Country: Jordan
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Well..wow. That was a lot of reading. I felt that I needed to respond to this because my situation is similar (feel free to read my timeline in my signature for details). We visited back and forth for over a year, and during my last visit here, he proposed, we got married. We've lived together before and each time I came here to visit and each time I went back home. We have tons of proof of marriage, there was no intent to immigrate, that doesn't mean that I don't have the right to apply for AOS because other people go through K1 or CR1 processes and have to be away from their loved ones. Each case is different, some get approved, others denied, it's a scary and long process that we all just want to get over with.

Back to topic, he asked for advice, I didn't see him state that it was her intention to immigrate, most couples live together while they're visiting anyway so that has no bearing on the situation. My husband and I did this without a lawyer, if you can read, you can fill out all the forms and send it in without problems, if there's something missing, they'll send you an RFE, Bottom line, if the during the interview they suspect that you committed visa fraud, then you have a problem, however, no one can know that but you. The steps my husband and I took:

1) Did a lot of reading on VJ and USCIS.

2) You (the petitioner) will need to file form I-130 for your wife

3) Your wife (the beneficiary) needs to file the I-485 and I-765 (for employment) and the I-693 (medical exam from a civil surgeon)and also there is the I-864 which proves that you are able to support her financially.

4) Form G-325A (biographic) for both of you.

5) Form G-1145 for email and mail notifications.

Each form comes with a separate instructions file and the required papers that need to be attached to each form are listed. It will require a lot of reading and concentration but it can be done.

Certain evidence that the marriage isn't a fraud is also required to be submitted, like pictures, affidavits (which a sworn notarized statement from people who know you), joint bank account, property, etc. All this information is available for you under the forms section on the USCIS website.

There are also certain lawyers that will give free consultation over the phone. IF you feel that you need it, use it and if you feel that you'll feel better to have a lawyer, I would hire one. Regarding the overstay of your wife, If you get your notification that your application has been received and under review, she is not allowed to leave the country or the application will be considered abandoned and you will lose the fees you paid and have to start over. If she does overstay before the notification, I believe it will be forgiven since she is married to a USC.

Good luck.

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Adjustment of Status

AOS packet sent - 08/24/2011
AOS packet received - 08/31/2011
Checks cashed - 09/01/2011
NOA received - 09/6/2011
Biometrics appointment - 09/19/2011 - Done
RFE received - tax returns 2010 and original birth certificate - 9/19/2011
RFE sent 09/28/2011
EAD Card Production 10/20/2011
EAD Received 10/29/2011
Interview letter received 11/1/2011 Interview on 12/5/2011
Applied for SSN - will receive in 2 weeks
SSN Received
Interview - APPROVED!!! (Thank Allah)
Green card in hand 12/12/2011

Lifting Conditions

I-751 sent - 09/05/13

I-751 received - 09/06/13

Check cashed - 09/11/13

NOA received - 09/12/13

Biometrics Notice received - 09/19/13

Biometrics Done - 10/07/13

Case transferred to CSC - 10/08/13

Card Production Notice - 1/22/14

Card in Hand - 1/29/14 (Thank Allah)

Naturalization

N-400 sent - 12/29/14

Received - 12/31/14

Check Cashed - 1/7/15

NOA Received- 1/12/15

Biometrics - 1/29/15

Interview Done - Passed!

Citizen!

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Little_My
Little_My

first of all, the OP has not yet confirmed whether or not she originally entered with intent to marry and stay. As much as those who had to wait out the K1 process often think it's unfair to be able t

Rebecca Jo
Rebecca Jo

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?

Deema & Wayne
Deema & Wayne

Well..wow. That was a lot of reading. I felt that I needed to respond to this because my situation is similar (feel free to read my timeline in my signature for details). We visited back and forth for

Deema & Wayne Collaborator

Deema & Wayne   28

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

I do have one question about something that was posted..what does Misrepresentation at POE mean? I know it's at the point of entry, but what does it mean to be accused of that and how does this affect your AOS process? Do they go back and ask the officer who let you in what you said?

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Adjustment of Status

AOS packet sent - 08/24/2011
AOS packet received - 08/31/2011
Checks cashed - 09/01/2011
NOA received - 09/6/2011
Biometrics appointment - 09/19/2011 - Done
RFE received - tax returns 2010 and original birth certificate - 9/19/2011
RFE sent 09/28/2011
EAD Card Production 10/20/2011
EAD Received 10/29/2011
Interview letter received 11/1/2011 Interview on 12/5/2011
Applied for SSN - will receive in 2 weeks
SSN Received
Interview - APPROVED!!! (Thank Allah)
Green card in hand 12/12/2011

Lifting Conditions

I-751 sent - 09/05/13

I-751 received - 09/06/13

Check cashed - 09/11/13

NOA received - 09/12/13

Biometrics Notice received - 09/19/13

Biometrics Done - 10/07/13

Case transferred to CSC - 10/08/13

Card Production Notice - 1/22/14

Card in Hand - 1/29/14 (Thank Allah)

Naturalization

N-400 sent - 12/29/14

Received - 12/31/14

Check Cashed - 1/7/15

NOA Received- 1/12/15

Biometrics - 1/29/15

Interview Done - Passed!

Citizen!

garfield529 Community Regular

garfield529   47

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

I do have one question about something that was posted..what does Misrepresentation at POE mean? I know it's at the point of entry, but what does it mean to be accused of that and how does this affect your AOS process? Do they go back and ask the officer who let you in what you said?

The CBP officer can make notes under your I-94 number that can be accessed during your AOS interview. If you came into the country and were questioned by the CBP officer and then during your AOS interview they do not parallel then you have just committed material misrepresentation.

For example:

CBP: what is your purpose in the US during your stay?

you: to visit Disney World and feed the dolphins!

CBP: do you have any family or a boyfriend in the US?

you: No, I just want to feed the dolphins!!

CBP: okay... (type, type, type)

6-months later...(version 1)

IO: how did you two meet?

you: we met while I was feeding dolphins!

IO: okay, odd..I mean interesting! (type, stamp, approved)

6-months later...(version 2)

IO: how did you two meet?

you: we met online, he came to my country and we got engaged and talked about feeding dolphins!

IO: OH, r..e..a..l..l..y...... (evil internal laugh)

Sorry, it's Friday and I am having wine.... :innocent: :innocent: :innocent:

Nov 6, 2009: "I had breakfast in Korea, lunch in Shanghai, and dinner in Chongqing...now I just need to find a squat toilet..."

K1 completion: 03-10-2010, PINK!!!(well..it's orangish)
POE: Chicago/ORD 05-21-2010
Married: 05-26-2010
AOS completion: 10-28-2010
ROC completion: 05-16-2013

Naturalized: 11-21-2014

A and T Rising Star

A and T   82

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Dont answer the question here about if she "intended" to marry when she entered on a tourist visa, keep that info to yourself only! Just be happy she actually got to be with your in the usa , file for her Adjustment of Status.

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

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Deema & Wayne Collaborator

Deema & Wayne   28

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

oh dear, I hope you're enjoying your evening :) I wasn't drilled or taken in for questioning. He was visiting me in my home country for a week to meet my folks and I came back here to continue our time together and have a round ticket. I had no intention of staying and still have my job back home, had an employment letter with me but the officer said there's no need to see anything. He stamped it and let me through.

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Adjustment of Status

AOS packet sent - 08/24/2011
AOS packet received - 08/31/2011
Checks cashed - 09/01/2011
NOA received - 09/6/2011
Biometrics appointment - 09/19/2011 - Done
RFE received - tax returns 2010 and original birth certificate - 9/19/2011
RFE sent 09/28/2011
EAD Card Production 10/20/2011
EAD Received 10/29/2011
Interview letter received 11/1/2011 Interview on 12/5/2011
Applied for SSN - will receive in 2 weeks
SSN Received
Interview - APPROVED!!! (Thank Allah)
Green card in hand 12/12/2011

Lifting Conditions

I-751 sent - 09/05/13

I-751 received - 09/06/13

Check cashed - 09/11/13

NOA received - 09/12/13

Biometrics Notice received - 09/19/13

Biometrics Done - 10/07/13

Case transferred to CSC - 10/08/13

Card Production Notice - 1/22/14

Card in Hand - 1/29/14 (Thank Allah)

Naturalization

N-400 sent - 12/29/14

Received - 12/31/14

Check Cashed - 1/7/15

NOA Received- 1/12/15

Biometrics - 1/29/15

Interview Done - Passed!

Citizen!

Alex13 Apprentice

Alex13   5

Posted
Filed: AOS (pnd) Country: United Kingdom
 Timeline
Posted

The CBP officer can make notes under your I-94 number that can be accessed during your AOS interview. If you came into the country and were questioned by the CBP officer and then during your AOS interview they do not parallel then you have just committed material misrepresentation.

For example:

CBP: what is your purpose in the US during your stay?

you: to visit Disney World and feed the dolphins!

CBP: do you have any family or a boyfriend in the US?

you: No, I just want to feed the dolphins!!

CBP: okay... (type, type, type)

6-months later...(version 1)

IO: how did you two meet?

you: we met while I was feeding dolphins!

IO: okay, odd..I mean interesting! (type, stamp, approved)

6-months later...(version 2)

IO: how did you two meet?

you: we met online, he came to my country and we got engaged and talked about feeding dolphins!

IO: OH, r..e..a..l..l..y...... (evil internal laugh)

Sorry, it's Friday and I am having wine.... :innocent: :innocent: :innocent:

I think it has to be noted that the real tragedy of scenario #3 is all those poor hungry dolphins that didn't get fed! :lol:

08/10/11 - Sent AOS Package to Chicago Lockbox (concurrent filing of I-485 and I-130)

08/12/11 - AOS Package received

08/17/11 - Received NOA1, NOA2 and NOA3

09/07/11 - Biometrics appointment at Dallas Service Center

10/02/11 - Received Interview appointment for 10/21/11 in Dallas

10/21/11 - Interview - APPROVED!!

Casprd Proficient

Casprd   167

Posted
Filed: Country: China
 Timeline
Posted

The part of the OP that is tripping me up is She has been here 6 years. She is on a tourist visa and she was an intern at Disneyland.

Questions that come up then are how did she stay here for 6 years on a tourist via?

How was she working as an intern (even unpaid) on a tourist visa?

The B-2 may expire on the 21st, but when did the I-94 expire?

I would have to say that staying here for 6 years on a tourist visa is intent to immigrate. Unfortunately the folks saying do a CR-1 and go home are giving bad advice. As repugnant as AOS'ing from such an egregious overstay is to me, it is still perfectly legal and the last thing you want to do now is have her leave the country. My guess is that the I-94 expired long ago so the "expiry" of the B-2 visa is moot and doesn't matter. The issue you will have to overcome is proving that the marriage is legitimate and not just to let her stay in the country. You can AOS in this situation and your best bet is to read the guides on how to accomplish this. I don't know how immigration's will treat the AOS petition but be overly prepared and you can get through it. I would also search the forums for information on stokes interviews just in case.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

Deema & Wayne Collaborator

Deema & Wayne   28

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

I don't think he means that she's been here for 6 years, he said that they met 6 years ago and he asked her to live with or move to where he was about 6 months ago, and if her I-94 expires on the 20th, that would sound about right (she was allowed to stay 6 months).

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Adjustment of Status

AOS packet sent - 08/24/2011
AOS packet received - 08/31/2011
Checks cashed - 09/01/2011
NOA received - 09/6/2011
Biometrics appointment - 09/19/2011 - Done
RFE received - tax returns 2010 and original birth certificate - 9/19/2011
RFE sent 09/28/2011
EAD Card Production 10/20/2011
EAD Received 10/29/2011
Interview letter received 11/1/2011 Interview on 12/5/2011
Applied for SSN - will receive in 2 weeks
SSN Received
Interview - APPROVED!!! (Thank Allah)
Green card in hand 12/12/2011

Lifting Conditions

I-751 sent - 09/05/13

I-751 received - 09/06/13

Check cashed - 09/11/13

NOA received - 09/12/13

Biometrics Notice received - 09/19/13

Biometrics Done - 10/07/13

Case transferred to CSC - 10/08/13

Card Production Notice - 1/22/14

Card in Hand - 1/29/14 (Thank Allah)

Naturalization

N-400 sent - 12/29/14

Received - 12/31/14

Check Cashed - 1/7/15

NOA Received- 1/12/15

Biometrics - 1/29/15

Interview Done - Passed!

Citizen!

nicky&imad Community Regular

nicky&imad   16

Posted
Filed: K-1 Visa Country: Morocco
 Timeline
Posted

I think it has to be noted that the real tragedy of scenario #3 is all those poor hungry dolphins that didn't get fed! :lol:

really, I was cracking up!! too funny, but really i hope that they make out ok at the end!! :lol::rofl:

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Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted

She has to go back home and you apply for a spousal visa. Since she overstayed you will have a problem. If she gets to be deported, you have to live abroad and be with her.

If you married her while on the tourist visa and she didn't overstay, that's okay. Shejust have to come back home and you file for a spousal visa.

These responses couldn't be more wrong...


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

easy easy process... no lawyer needed...

If you married her while on the tourist visa and she didn't overstay, that's okay. Shejust have to come back home and you file for a spousal visa.

in/out of status she will be ok... the man a US Citizen

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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

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