Marry with K1 Visa.. Apply for AOS on tourist visa?

[Enigma11561 336]

Many people come here on a tourist/work visa, knowing full well that want to marry a USC that they have known for awhile. And then apply for AOS. As stated before this is Visa Fraud. At the interview, the CO's are well trained in figuring this out. One wrong answer or a slip of the tongue and you are dog meat. This is why many people here may have a hard time, get RFE's or just outright denied. The Co's would rather deny ( even if they are wrong) than to grant visa/AOS and let someone slip through the cracks.

[beejay 123]

You cannot use a tourist visa to re-enter the USA and apply for AOS. That is visa fraud.

This is the first time hear this! (Basura lo que dice este tipo). I know that people come to the states, marry an us citizen and then apply for AOS.

One thing for sure if you apply for AOS, your husband should stay here until he gets his papers, to avoid any inconveniences, as the visa may get voided.

If you enter the US on a tourist visit with the intent to marry and adjust status it is visa fraud.

If you enter on a tourist visa with no intention of getting married but do so and then adjust status based on that marriage, it is not visa fraud.

Intent makes all the difference in the world and can be hard to prove.

[Boiler 44,855]

Many people come here on a tourist/work visa, knowing full well that want to marry a USC that they have known for awhile. And then apply for AOS. As stated before this is Visa Fraud. At the interview, the CO's are well trained in figuring this out. One wrong answer or a slip of the tongue and you are dog meat. This is why many people here may have a hard time, get RFE's or just outright denied. The Co's would rather deny ( even if they are wrong) than to grant visa/AOS and let someone slip through the cracks.

Really?

[TheanneAndRicardo 1]

This is the first time hear this! (Basura lo que dice este tipo). I know that people come to the states, marry an us citizen and then apply for AOS.

One thing for sure if you apply for AOS, your husband should stay here until he gets his papers, to avoid any inconveniences, as the visa may get voided.

I know I "could" do it but I don't want to if not is not the legal, appropriate way. I was just curious if after having married legally in the USA could we then apply for the aos on the next visit with a tourist visa. But after reading posts here and doing my own research, that is clearly not the case.

[Enigma11561 336]

Really?

Boiler....LOL. Yes, really.Again

[Boiler 44,855]

So it is just your opinion with no actual data to support it.

[Inky 1,110]

If you enter the US on a tourist visit with the intent to marry and adjust status it is visa fraud.

If you enter on a tourist visa with no intention of getting married but do so and then adjust status based on that marriage, it is not visa fraud.

Intent makes all the difference in the world and can be hard to prove.

If you read the OPs post. They clearly state their idea of entering and marrying then leaving and re-entering on a tourist visa and AOSing. Big no no.

[Max1gk 68]

So it is just your opinion with no actual data to support it.

No offence,on which planet do you live? Cause here in the States Visa Fraud is almost ordinary administration just as much as people hopping off planes and never going back to their home countries. You can't even imagine how many overstayers there are out there waiting for someone to bite their hook and get a green card. Let's not pretend we don't know how things are..

[Boiler 44,855]

Bearing in mind that adjusting staus is a much more common route than CR1 K etc

and

The Co's would rather deny ( even if they are wrong) than to grant visa/AOS and let someone slip through the cracks.

There are going to be hundreds of threads on VJ about this and what to do. I can not find any.

[Enigma11561 336]

The burden of proof is always on the petitioner/beneficiary. CO's do not start from the position that your intentions/paperwork are completely legal and perfect and sure..here is your visa. They are trained to look out for any possible abuse of the system. That is their job. And if you can not overcome your burden of proof you are RFE'd/denied/etc..

And, in direct reply, I do have friends who work in immigration and I do hear their stories.

[beejay 123]

If you read the OPs post. They clearly state their idea of entering and marrying then leaving and re-entering on a tourist visa and AOSing. Big no no.

I agree with you. My post wasn't actually directed at the OP. I was trying to clarify for dalabera who said they had never heard that entering on a tourist visa and then adjusting was fraud. I had included your post and theirs to show which conversations I was referring to. Sorry for the confusion.