Change of Plan?

[VanessaTony 3,567]

Very good point Krikit.

OP - If you're sure this isn't a problem, tell them at the border you're planning on AOSing. That right there is your indicator of whether it's okay or not.

[Krikit 1,164]

Sorry. The link didn't take in my post. I've reposted it.

[Rebecca Jo 1,962]

You got the advice you got from the officer at USCIS because you are already in the US (I'm presuming your foreign wife is in the US with you, correct?)

If she's here with you now, the advice given to you by the officer is fine.

I wouldn't attempt to enter as a tourist with a plan to adjust. There are chances for the officer at the border to try and trip you up.

[DerZinker 4]

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.

Thank you for your lecture, but don't blast me for asking legitimate questions. I'm not necessarily convinced that this is the route I'll take, but now that a USCIS officer essentially recommended to us that we file this way, it makes a lot of sense to me to explore this option as it could be considerably more convenient for me and my family which frankly is all I care about. For some reason the option to Adjust Status just burns you up (along with many, many other VJers I might add) and it's hard for me to understand why exactly. If we travel to the US with only the possibility of staying in mind and I happen to find work while we're here and we file AOS, I don't see what makes that illegal at all. If it's not working out, then we go back to Mexico and do things there. It is very much a grey area and members like you who rant about fraud and being on the wrong side of the law is imprudent IMO.

Oh, and don't lose too much sleep over me ruining VWP Privileges for the rest of the world, lol. I'm filing for a Mexican beneficiary and any privileges the Mexicans may have had in respect to visas disappeared long, long ago. Believe me, if I could attend an immigrant visa interview with my wife in Sydney then maybe it would be a different story, but not so much for us...

The real kicker for me though is how convinced you are (and again along with countless other VJ memebers) that this is totally illegal, but there don't seem to be any real consequences to filing this way. On the contrary, it seems that generally this 'illegal act' is rewarded with an approved petition and all without having to travel to the consulate abroad and be treated like a farm animal for several days. You drop terms like 'lifetime ban' but I have yet to meet or hear from anyone who has had this experience (much like the rampant horror stories of an intending alien tourist being turned back at the airport). By all means, if you have a link to a thread where someone has tried this and failed, please post that and maybe I'll reconsider. Until then though, pretty much everything you're saying is just hearsay.

[Rebecca Jo 1,962]

Der Zinker -

I'll grant you there are a lot of individuals who have a problem with people adjusting status if they have not gone through the visa process. And you'll get a lot of very wrong, judgmental information from them.

But, that being said - I think you are confused by the information given you by the officer at your Regional Office (or sub office or wherever you went). Since you and the wife are already stateside, the officer was suggesting you file now. And not return to Mexico.

If you go back to Mexico and try to re-enter, you are playing a risky game because of what can happen to you at entry. You may sail through fine. But if the wife ends up in secondary, the game is entirely different. There is generally a record in CBP's system of any secondary questioning. This takes you to an entirely other level of play, because her answers will be recorded. If they ask if she plans to immigrate to the US and she tells them the truth, they will pack her back home. She won't even get out of the airport.

It's true that a status adjustment won't be denied because of intent at the border. But if an alien tries to deceive a border officer, that becomes misrepresentation. I've got nada, zero, zilch problem with people adjusting from within the US if they had no intent upon their last entry, so take it from me straight that I'm not telling you these things to discourage you. I'm telling you these things because they are the truth.

Edited November 15, 2011 by Rebecca Jo

[DerZinker 4]

Der Zinker -

I'll grant you there are a lot of individuals who have a problem with people adjusting status if they have not gone through the visa process. And you'll get a lot of very wrong, judgmental information from them.

But, that being said - I think you are confused by the information given you by the officer at your Regional Office (or sub office or wherever you went). Since you and the wife are already stateside, the officer was suggesting you file now. And not return to Mexico.

If you go back to Mexico and try to re-enter, you are playing a risky game because of what can happen to you at entry. You may sail through fine. But if the wife ends up in secondary, the game is entirely different. There is generally a record in CBP's system of any secondary questioning. This takes you to an entirely other level of play, because her answers will be recorded. If they ask if she plans to immigrate to the US and she tells them the truth, they will pack her back home. She won't even get out of the airport.

It's true that a status adjustment won't be denied because of intent at the border. But if an alien tries to deceive a border officer, that becomes misrepresentation. I've got nada, zero, zilch problem with people adjusting from within the US if they had no intent upon their last entry, so take it from me straight that I'm not telling you these things to discourage you. I'm telling you these things because they are the truth.

Thank You, RebeccaJo. Your comments are sensible and easy to understand. Like the first response to my thread I can absolutely see how that could turn real ugly real fast if you run into problems at the POE. But just from my experience and because it has been such a breeze travelling to the US with my alien spouse over the past several years (and because we have always been within the law), I just don't see entry being a big problem. Possible yes, but highly unlikely.

[VanessaTony 3,567]

Thank you for your lecture, but don't blast me for asking legitimate questions. I'm not necessarily convinced that this is the route I'll take, but now that a USCIS officer essentially recommended to us that we file this way, it makes a lot of sense to me to explore this option as it could be considerably more convenient for me and my family which frankly is all I care about. For some reason the option to Adjust Status just burns you up (along with many, many other VJers I might add) and it's hard for me to understand why exactly. If we travel to the US with only the possibility of staying in mind and I happen to find work while we're here and we file AOS, I don't see what makes that illegal at all. If it's not working out, then we go back to Mexico and do things there. It is very much a grey area and members like you who rant about fraud and being on the wrong side of the law is imprudent IMO.

Oh, and don't lose too much sleep over me ruining VWP Privileges for the rest of the world, lol. I'm filing for a Mexican beneficiary and any privileges the Mexicans may have had in respect to visas disappeared long, long ago. Believe me, if I could attend an immigrant visa interview with my wife in Sydney then maybe it would be a different story, but not so much for us...

The real kicker for me though is how convinced you are (and again along with countless other VJ memebers) that this is totally illegal, but there don't seem to be any real consequences to filing this way. On the contrary, it seems that generally this 'illegal act' is rewarded with an approved petition and all without having to travel to the consulate abroad and be treated like a farm animal for several days. You drop terms like 'lifetime ban' but I have yet to meet or hear from anyone who has had this experience (much like the rampant horror stories of an intending alien tourist being turned back at the airport). By all means, if you have a link to a thread where someone has tried this and failed, please post that and maybe I'll reconsider. Until then though, pretty much everything you're saying is just hearsay.

I take issue with people like you INTENDING to do this and CONSIDERING doing this (which means you still have intent). Entering with INTENT is illegal.

AOSing from a B2 is not. If you were presently in the US we'd direct you to the guides on how to do it. But you aren't in the US so this option is closed to you... well unless you're okaying with doing something illegal, which it appears you are (again, which is ENTERING with intent, not AOSing).

Thank You, RebeccaJo. Your comments are sensible and easy to understand. Like the first response to my thread I can absolutely see how that could turn real ugly real fast if you run into problems at the POE. But just from my experience and because it has been such a breeze travelling to the US with my alien spouse over the past several years (and because we have always been within the law), I just don't see entry being a big problem. Possible yes, but highly unlikely.

Tell them at the border you're there to AOS. if it's not illegal and it's not a problem then do that. Tell them you're considering AOSing if you get a job. They'll not let her enter.

Some links:

- http://www.visajourney.com/forums/topic/287242-marriage-based-aos-from-tourist-visa-possibly-denied-what-to-do/ (visitor visa)

- http://www.visajourney.com/forums/topic/292498-i-485-denied/ (VWP)

Edited November 15, 2011 by Vanessa&Tony

[VanessaTony 3,567]

You drop terms like 'lifetime ban' but I have yet to meet or hear from anyone who has had this experience (much like the rampant horror stories of an intending alien tourist being turned back at the airport). By all means, if you have a link to a thread where someone has tried this and failed, please post that and maybe I'll reconsider. Until then though, pretty much everything you're saying is just hearsay.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8624/0-0-0-8666.html

" Matter of Ro , 16 I. & N. Dec. 93 (BIA 1977) , A preconceived intent to remain permanently at time of arrival as a nonimmigrant was found to be sufficient reason to deny an adjustment application as a matter of discretion despite existence of favorable factors." Which links to here: http://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65300/0-0-0-81785.html#0-0-0-8543

Again. AOSing is not illegal. Entering with INTENT is. You are "intending" to have your wife AOS if you get a job. Tell that at the border and she won't be permitted entry. If it weren't illegal, she'd be let in.

[Rebecca Jo 1,962]

Thank You, RebeccaJo. Your comments are sensible and easy to understand. Like the first response to my thread I can absolutely see how that could turn real ugly real fast if you run into problems at the POE. But just from my experience and because it has been such a breeze travelling to the US with my alien spouse over the past several years (and because we have always been within the law), I just don't see entry being a big problem. Possible yes, but highly unlikely.

That's because you were coming for a visit. You had return tickets. Etcetera whatever.

I honestly would not do this if I were you. My husband is from a VWP country. He could have come for a visit and we could have married. But we did not do things this way. He filed for a K1 visa.

The way I look at things like this is it's my life. I don't want it f*cked up because I decided to roll a dice. I have enough trouble in my life without asking for any more.

[Rebecca Jo 1,962]

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8624/0-0-0-8666.html

" Matter of Ro , 16 I. & N. Dec. 93 (BIA 1977) , A preconceived intent to remain permanently at time of arrival as a nonimmigrant was found to be sufficient reason to deny an adjustment application as a matter of discretion despite existence of favorable factors." Which links to here: http://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65300/0-0-0-81785.html#0-0-0-8543

Again. AOSing is not illegal. Entering with INTENT is. You are "intending" to have your wife AOS if you get a job. Tell that at the border and she won't be permitted entry. If it weren't illegal, she'd be let in.

Vanessa, chill axe please. There have been court decisions since that one that supercede the intent nonsense.

The problem is not intent. The problem is lying at the border. The problem is the questions officers pose to people on entry. The problem is answering them without tripping yourself up. If you are flat asked if you intend to remain in the US, you have to say YES. If you say yes, you get bounced. If you LIE and the questioning goes further, there's the possibility of a misrep charge. It's slim, but it's there.

[ceadsearc 516]

OP, when are you thinking you MIGHT want to stay anyway? I'm assuming not now or you'd have already filed AOS since you didn't plan to stay this trip.

If it's not for a little while anyway, why not file for the IR-1 immediately? Your wife can continue to visit America with you on the B-2 so long as she can prove strong ties to Mexico, which it sounds like she can or she wouldn't have been allowed in all these times.

[Andy and Pui 16]

I am curious about something. Since they already did an info pass and asked about AOS, could the officer they talked to put that in the wife's file. When they come to enter the US again at POE could the officer then see that AOS was asked about at an info pass in the past?

Edited November 15, 2011 by Andy and Pui

[DerZinker 4]

Just to pose the theoretical question then (trying to keep things simple here)... I do currently reside in Mexico and have been there for years. Obviously I have considered filing (again) for my wife for a long time now and have plans to file DCF sooner or later. We came up for an honest-to-God vacation to my hometown to be with the in-laws / grandparents for Thanksgiving and Christmas. My wife entered on a legit B2 and I told the border agent in Houston that we would be in the US for 8 weeks exactly and that I am currently employed in Mexico which is all completely true.

So lets say for the sake of interest that I get an attractive job offer next week and they want me to start in two weeks (before my return trip to Mexico) and I take the job. We decide to file AOS and not return to Mexico in order to keep the family together. What about this scenario is illegal, wrong or risky?

[Rebecca Jo 1,962]

Just to pose the theoretical question then (trying to keep things simple here)... I do currently reside in Mexico and have been there for years. Obviously I have considered filing (again) for my wife for a long time now and have plans to file DCF sooner or later. We came up for an honest-to-God vacation to my hometown to be with the in-laws / grandparents for Thanksgiving and Christmas. My wife entered on a legit B2 and I told the border agent in Houston that we would be in the US for 8 weeks exactly and that I am currently employed in Mexico which is all completely true.

So lets say for the sake of interest that I get an attractive job offer next week and they want me to start in two weeks (before my return trip to Mexico) and I take the job. We decide to file AOS and not return to Mexico in order to keep the family together. What about this scenario is illegal, wrong or risky?

It doesn't matter what they asked you at the Border. It matters what they asked your wife.

[VanessaTony 3,567]

Just to pose the theoretical question then (trying to keep things simple here)... I do currently reside in Mexico and have been there for years. Obviously I have considered filing (again) for my wife for a long time now and have plans to file DCF sooner or later. We came up for an honest-to-God vacation to my hometown to be with the in-laws / grandparents for Thanksgiving and Christmas. My wife entered on a legit B2 and I told the border agent in Houston that we would be in the US for 8 weeks exactly and that I am currently employed in Mexico which is all completely true.

So lets say for the sake of interest that I get an attractive job offer next week and they want me to start in two weeks (before my return trip to Mexico) and I take the job. We decide to file AOS and not return to Mexico in order to keep the family together. What about this scenario is illegal, wrong or risky?

If you're presently in the US there shouldn't be a problem as Rebecca said, unless you were asked any questions. What happened at the border? Just a regular entry? No secondary? If yes secondary what were you/your wife asked?

There was a post about someone who was let in but the IO in secondary "set them up" for a material misrep. I forget how but they had to leave because AOSing based on what was asked and answered was too risky.

Edited November 15, 2011 by Vanessa&Tony