Wife came to US on visitors visa?

[FRISBEEMAN 0]

My wife came to the US in December on a visitors visa. At the time we didnt think of getting a K3 visa (Visitors was cheaper) We are now applying for her residency. Will this cause any issues?

[xjoseyx 19]

I think she has to go home and apply for a CR1 visa.

[Reyan 56]

This is how I interpret what you are saying, please correct me if I am wrong. Your wife came to the US as a visitor with intent to adjust her status after coming to the US because it is cheaper (I see you noted this)? If this is true, then it is visa fraud.

Will it be a problem will depend on what was asked of your wife when she entered the US (was she in secondary screen, what did they ask her).

[Darnell 8,479]

you have filed the papers for adjustment of status, already? yes? no?

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas.

[aaron2020 11,651]

My wife came to the US in December on a visitors visa. At the time we didnt think of getting a K3 visa (Visitors was cheaper) We are now applying for her residency. Will this cause any issues?

It could cause you a hell of a problem or it could be nothing. People have reported it both ways on this forum.

Some are lucky, and the interviewing officer did not make arriving in the US on a visitor visa an issue. However, most of these cases involve an unmarried person who comes to the US on non-immigrant visas, marry a US citizen, and then adjust. Marriage is a life altering moment, so maybe that's why the sudden desire to stay and adjust is there and people are allowed to stay. Your situation is quite different because your wife was already married; there was no life changing event.

In other cases, the AOS has been denied because the foreign spouse entered the US on a non-immigrant visa with the intent to adjust.

What happens in your case is dependent upon what happened and what was said when your wife entered the US, and the office and officers that are handling the case.

Since there are so many variables, no one can tell you what will happen. We can tell you what has happened to people with cases similar (but not exactly) like yours.

[ValerieA 350]

In other cases, the AOS has been denied because the foreign spouse entered the US on a non-immigrant visa with the intent to adjust.

Can you show me a link to someone who was denied in the last couple of years for intent?

According to the field adjudicator's manual, intent is not, by itself a reason to deny. If you have other adverse factors, THEN you may be in trouble.

I entered on a B-2, after we were already married, although we did have a CR-1 in process. Circumstances changed after I got here, and we ended up AOSing instead. There was not one question about intent. It took about 3.5 months from filing to green card.

[EM_Vandaveer 2,417]

You'll probably be fine. I adjusted from the VWP. If I was denied, I would have had to leave. With a visitor's visa, you can appeal a denial (you would need a lawyer for this). Good luck!

http://www.visajourney.com/content/i130guide2

[LIFE'SJOURNEY 970]

I cringed every time I read this statement on this board "can you point me to one person who was denied when it is pertaining to adjusting status from entering on a visitor visa. Any good lawyer or advisor would/should always give the entire story when they are advising someone to make a decision that could be life alternated. This board only represent a very small number of people who goes through the immigration visa process. If there were no denials then there would not be the need for that statement to be in the immigration laws and rags that an AOS can be denied based on intent.

A denial on intent could and have happen in the case of AOS's from a visitor visa.

Edited March 13, 2012 by LIFE'SJOURNEY

[Dakine10 5,452]

I cringed every time I read this statement on this board "can you point me to one person who was denied when it is pertaining to adjusting status from entering on a visitor visa. Any good lawyer or advisor would/should always give the entire story when they are advising someone to make a decision that could be life alternated. This board only represent a very small number of people who goes through the immigration visa process. If there were no denials then there would not be the need for that statement to be in the immigration laws and rags that an AOS can be denied based on intent.

A denial on intent could and have happen in the case of AOS's from a visitor visa.

For immediate relatives, there is legal precedent set in Matter of Cavazos.

Specifically note the following

Where a finding of preconceived intent was the only negative factor cited by the immigration judge in denying the respondent's application for adjustment of status as the beneficiary of an approved immediate relative visa petition and no additional adverse matters are apparent in the record, and where significant equities are presented by the respondent's United States citizen wife and child, a grant of adjustment of status is warranted as a matter of discretion.

This is also known as Operating Instruction 245.3(b) [in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

[jdh 103]

I cringed every time I read this statement on this board "can you point me to one person who was denied when it is pertaining to adjusting status from entering on a visitor visa. Any good lawyer or advisor would/should always give the entire story when they are advising someone to make a decision that could be life alternated. This board only represent a very small number of people who goes through the immigration visa process. If there were no denials then there would not be the need for that statement to be in the immigration laws and rags that an AOS can be denied based on intent.

A denial on intent could and have happen in the case of AOS's from a visitor visa.

Your statement does not help your case...you express a knowledge that this happens without backing able to produce evidence. Whereas the other side of the coin can produce numerous examples of folks who have Adjusted status from a visitor visa or a visa waiver program with no problems.

[EM_Vandaveer 2,417]

They have a manual. According to that they DO NOT DENY because of intent ALONE. Now if there are other red flags and intent is easier to prove, they may deny based on intent.