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AOS - Tourist Visa

By hheaven67 in Tourist Visas

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hheaven67 Collaborator

hheaven67   2

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

Hi all, sorry I haven't been on the site in a long time as my journey ended in May...I'm back in Canada & he's still in CA...I know I've read this before but need an answer quickly...

My friend's fiance has a vistor's visa from MX...if they marry in the US, can she just do AOS? Thank you!

effective May 13, 2011 - back in Canada, journey is over

Inky Grand Master

Inky   1,111

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

Entering the USA on a visitor visa with the intention to enter - get married and adjust status. That is Visa Fraud.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

hheaven67 Collaborator

hheaven67   2

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted

Entering the USA on a visitor visa with the intention to enter - get married and adjust status. That is Visa Fraud.

She never got the visitor visa with the intention of marrying a USC so that is a bit different...I do know there are many that go that route as it's easier...in my eyes, it's no different than a student visa, they never had the intention of meeting & marrying a USC but it happens & they go thru AOS, this shouldn't be any different...

Anyone else have the KNOWLEDGE and answer that I'm looking for...wondering if she just has to go thru AOS...

Thank you!

effective May 13, 2011 - back in Canada, journey is over

hheaven67 Collaborator

hheaven67   2

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
  • Author
Posted

She never got the visitor visa with the intention of marrying a USC so that is a bit different...I do know there are many that go that route as it's easier...in my eyes, it's no different than a student visa, they never had the intention of meeting & marrying a USC but it happens & they go thru AOS, this shouldn't be any different...

Anyone else have the KNOWLEDGE and answer that I'm looking for...wondering if she just has to go thru AOS...

Thank you!

Found my answer on another site but thanks anyhoos...

effective May 13, 2011 - back in Canada, journey is over

ceadsearc Proficient

ceadsearc   516

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

If the fiance is already in the US and did not plan to stay/immigrate upon entering, they can do AOS. If the fiance simply has the visa and is not yet in America, then they cannot go to America with plans to stay even if they didn't have the intention when they applied for the visa. It wouldn't be tourist visa to a CR-1 though (CR-1 is out-of-country processing), it would just be AOS.

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

Noah Lot Rising Star

Noah Lot   391

Posted
Filed: Timeline
Posted

She never got the visitor visa with the intention of marrying a USC so that is a bit different...I do know there are many that go that route as it's easier...in my eyes, it's no different than a student visa, they never had the intention of meeting & marrying a USC but it happens & they go thru AOS, this shouldn't be any different...

Anyone else have the KNOWLEDGE and answer that I'm looking for...wondering if she just has to go thru AOS...

Thank you!

She will still be passing through border control and they will ask..'what is the purpose of your trip?'..and the answer of ...'er...uh....visiting a .....friend', then astonishingly 'changing one's mind' two minutes later to get married may well be viewed as fraud. Ever hear of a K-1 visa?

ceadsearc Proficient

ceadsearc   516

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

She will still be passing through border control and they will ask..'what is the purpose of your trip?'..and the answer of ...'er...uh....visiting a .....friend', then astonishingly 'changing one's mind' two minutes later to get married may well be viewed as fraud. Ever hear of a K-1 visa?

While I agree that if they were already engaged it's going to look highly suspicious, that doesn't necessarily mean the fiance lied when entering the US. It's possible the fiance told the truth about the nature of their visit - if not, then attempting to adjust would certainly be a poor idea.

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

MalaysianGirl Community Regular

MalaysianGirl   26

Posted
Filed: Country: Malaysia
 Timeline
Posted

My friend's fiance has a vistor's visa from MX...if they marry in the US, can she just do AOS? Thank you!

Is your friend's fiance already in the US right now? If yes, then she can just do AOS after marrying your friend.

If, however, she is NOT yet in the US, and she goes to the US with the B1/B2 visa *with the intention of getting married to her USC fiance*, and then she does AOS, she would be committing immigration fraud.

This is despite her NOT having that intention while applying for the B1/B2 visa earlier (months or years, whichever, it doesn't matter).

December 2009 -- Visit to Malaysia.

February 2010 -- Applied for B2 visa, approved.

March 2010 -- Visited US.

April 2010 -- Returned from US.

May 2010 -- Sent in K1 Visa application.

July 2010 -- Received NOA2 in 71 days from NOA1.

July 2010 -- Packet 3 received.

August 2010 -- Cancellation of K1 Visa application.

Click HERE for VisaJourney guides.

image.gif?fsize=50&font=Filxgirl.TTF&text= MalaysianGirl &mirror=no&color=0033FF&vcolor=996699&bgcolor=α=yes&output=gif&spacing=4&shadow=undefined&transparent=no

 
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