Change of Plan?

[DerZinker 4]

*Sigh* ... I'm currently in the US. I made an infopass appt with the USCIS here to ask a couple of questions and namely, to obtain my wife's A# because I knew she probably had one (I was right), but no idea what it was. So the wife and I go to the appt and the officer was aloof to some degree, but still helpful. I briefly explained our situation and my plan to file DCF in Mexico to him and one of the first things he tells us is: 'if she entered the US legally and is married to a USC, she can apply to adjust status within the United States.' 'Um, yes, but isn't that, y'know, frowned upon?' I asked. 'Not really,' he tells me. His responses were somewhat aloof and I asked him at least three times about that and if it would be a problem of not. didn't go so far as to guarantee approval or anything, but reassured us that it was an option and basically let on that it would be perhaps the best option for us. He did mention the word 'intent' but didn't say anything about fraud or mention any serious risks in that approach and even gave us a document with instructions on filing the I-485 along with the I-130 in the US.

VJ has been very helpful to me and I have done extensive homework on the visa process here for the past several years. But, I have posted this question several times in the past and have seen it come up from other members and all VJ'ers have to say is that this is a huge no-no but don't have a lot to back it up with. Honestly we would love to avoid having to go through Juarez and after crunching the numbers again, filing AOS in the US would probably actually save us some money (and a lot of headache - ideally).

So once again, I am going to put this scenario out there and ask for your opinion. Let's say we come to the US to visit and I get a job offer and we decide to file AOS, which could be a very plausible reality. I'm sure it depends a lot on the individual case and we have nothing to hide and have actually already been approved for an immigrant visa abroad six years ago (which I think could help our case). I'd love to hear from someone who has tried this and failed.

[Anh map 2,098]

Entering the US with an alien spouse, 2 kids, and a household worth of items in tow for a "visit" may cause you problems with CBP. That is a potential hurdle for your plan.

[DerZinker 4]

Entering the US with an alien spouse, 2 kids, and a household worth of items in tow for a "visit" may cause you problems with CBP. That is a potential hurdle for your plan.

Thanks, but this hasn't been a problem at all so far in the past and we've travelled to the US together as a family at least a half-dozen times the past few years; generally with fully loaded suitcases without so much as a hiccup.

[MalaysianGirl 26]

Your situation is quite different from the normal "is it okay for us to go to the US on a B2 visa or VWP and AOS there", so I'm not sure what is the best way to go about this... But I still don't think it's right to AOS while on a B2 visa or VWP. Just my MYR 0.02.

[DerZinker 4]

Entering the US with an alien spouse, 2 kids, and a household worth of items in tow for a "visit" may cause you problems with CBP. That is a potential hurdle for your plan.

I mean, you make a good point about this being a potential hurdle and I can't say that I don't get a little nervous when we go through customs every time we take a trip. But from experience I have never run into even the slightest issue at this stage and this would be among the least of my worries under this scenario.

[DerZinker 4]

Your situation is quite different from the normal "is it okay for us to go to the US on a B2 visa or VWP and AOS there", so I'm not sure what is the best way to go about this... But I still don't think it's right to AOS while on a B2 visa or VWP. Just my MYR 0.02.

I think our situation may be different from the norm as you stated, but I struggle to comprehend why you think this approach is 'wrong' when it seems to be accepted if not encouraged to some degree for those who qualify. I do think this is something of a 'grey area' as defined by the USCIS, but if chances are good that it will work and make our lives easier, why is this approach so discouraged?

[VanessaTony 3,567]

I think our situation may be different from the norm as you stated, but I struggle to comprehend why you think this approach is 'wrong' when it seems to be accepted if not encouraged to some degree for those who qualify. I do think this is something of a 'grey area' as defined by the USCIS, but if chances are good that it will work and make our lives easier, why is this approach so discouraged?

Because it is ILLEGAL to enter the US with immigrant intent, which you would be doing. If you were already in the US you could AOS (providing you didn't have immigrant intent). If you're willing to risk your "loved one's" status just to save a little time and money have at it.

[DerZinker 4]

Because it is ILLEGAL to enter the US with immigrant intent, which you would be doing. If you were already in the US you could AOS (providing you didn't have immigrant intent). If you're willing to risk your "loved one's" status just to save a little time and money have at it.

I understand that this approach could be considered to some degree dishonest, though I'm questioning the legality and at this point I'm not at all convinced that this approach would put my wifes status in jeopardy. Thus your post isn't very helpful. Thanks though.

[CC90 90]

Read "Matter of Cavazos".

That said, are you someone that places large value on peace of mind? If so, go the DCF route.

[ceadsearc 516]

Basically, coming to the US on a tourist visa with intent to immigrate is illegal but USCIS won't deny your application based on intent alone if there are no other adverse factors. The issue that comes into play is material misrepresentation - ie if you are taken into secondary questioning at POE and asked if your wife plans to stay and adjust status and you say no and then file anyway. Material misrepresentation, if found, will not only get your AOS denied but also get you banned.

Your situation sounds to me like a bit of a gray area. Coming over with plans to file AOS would be illegal, but it's at your own risk. Coming with plans to return to Mexico and file for a CR-1 but filing AOS if plans change is a more gray. I won't say it's not intent since it sounds like you do intend to file IF plans change but it's not the same as coming with plans to just file.

Basically, it sounds like you know the laws and you know the rules and no one here will advise you to do something illegal. You have to determine what decision you feel you can live with either way.

Edited November 15, 2011 by ceadsearc

[panclox 0]

I entered the States on a B2 Visa, didn't overstay and did AOS through marriage, my visa expired while I was in the US, even though my I-94 was still valid. My visa expired in March and My I-94 in July. I had my interview November 8th, and the officer didn't even ask me about why I adjusted status from a B2, he didn't seem to care and my interview lasted 5-10 minutes, if your marriage is legit and you have enough proof, I believe based on my experience you won't have any problems, keep in mind that every case is different, and your Immigration officer might not be a nice one like i got, at the end the decision is yours, good luck to you!

[VanessaTony 3,567]

I understand that this approach could be considered to some degree dishonest, though I'm questioning the legality and at this point I'm not at all convinced that this approach would put my wifes status in jeopardy. Thus your post isn't very helpful. Thanks though.

It's not "to some degree dishonest", it is ILLEGAL to enter with intent to adjust on a visa that doesn't have dual intent. The fact that they don't ask about intent in the interview is irrelevant (it cannot be used as the only factor for denial but it can be included).

You seem convinced this is the route you're going to take so just do it. Don't come crying here though if she's denied for material misrep and given a lifetime ban. That is the risk you're taking. It may be a very small risk but even the smallest of risks would be enough for me not to try it because being with my husband the proper, legal, and risk-free way, is more important that saving a little money and time, obviously the same can't be said about you.

I should also mention it's people like you, breaking the rules (entering with intent), who cause countries have their VWP privileges revoked and I'm sure the door will eventually shut on AOSing from anything but a visa that allows it because people like you think you're above the law. AOSing from a B2 isn't illegal, entering with intent is and that's what you're doing.

[Penguin_ie 5,994]

**** Mod notice: While it is fine to discuss the OP's question, please remember the TOS (http://www.visajourney.com/content/terms) specifically states "You agree that when using the Service, you will not:... Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method." ****

[Andy and Pui 16]

DerZinker,

Are you and your wife currently in the US right now? If so why not just AOS right now?

Edited November 15, 2011 by Andy and Pui

[Krikit 1,164]

I guess the legality is a moot point if you're refused entry. CBP has the final say. And if you tell them the reason for your wife's entry they will take great delight in refusing it. They will separate the two of you and be brutal. I've seen them in action. I, personally, wouldn't want to put myself or my family through that.

Oh, and just a heads up. There is now a record of you asking the question so they'll catch you on material misrepresentation.

Why was I (or my friend, relative, etc.) denied entry to the U.S.?

Edited November 15, 2011 by Krikit