tourist visa expiring! sending I-130 and I-485 this week, do I need to extend my visa?

[asdfg 18]

So we've been preparing these papers for about a month now and this is the first time we've heard that what we are doing might be considered fraud.

We called both the USCIS helpline and the US Embassy in my home country and no one ever mentioned fraud. They just told us which forms to file. In fact the embassy clerk specifically said, 'It isn't illegal'.

My wife(US citizen) and I lived in a VWP Country for about a year and got married there. We then decided to visit her parents in the US, I decided to get a B1/B2 visa in March so that I would be able to stay longer than 90 days. Therefore the purpose of the visit was simply to visit her parents over the summer. However my wife got offered a job much better than anything she could get in my home country. We then found out I could apply for AOS since we're already married. Is that wrong? Would we be in a better situation if we had gotten married while in the US?

Is there any way of going through this progress without us being seperated for several months? The intent was to visit...

We haven't sent in any forms yet. We want to do this legally with the least amount of cost and seperation time. Any suggestions

According to some posters on this forum and links I've seen posted to USCIS adjudicators manual ,which references specific case precedents, intent alone can not be basis for denial when other factors do not preclude favorable discretion and petition is based on immediate relationship with USC.

It is very difficult to give you 100.00% assurance since there is no guarantee of anything in the world.

If IO denies you for the intent (which, in theory, they may) then you would go to court and there contest his or her position and it would be up to an individual immigration judge or BIA to make a ruling in your favor based on what you state and existing case precedent or to set a new case precedent for future.

Keep in mind that I am not a lawyer and have no knowledge how USCIS adjudicates petitions where you enter on B visa as married to US Citizen spouse and then file AOS once in US.

May be others with more knowledge can give more accurate answer.

Good luck.

Edited August 3, 2012 by asdfg

[Hansen 0]

Just found this on the subject

http://www.peerallylaw.com/en/content/view/562/

[asdfg 18]

If I were you I would not file AOS regardless of what everyone else tells you, but it is of course your choice what to do.

During the interview you will be asked where you met your wife, how long you knew her, when did you get married and so on. These are routine questions and you will have to answer them , you can't stay silent during the interview.

If I was IO I could have a presumption that you had the intention to file marriage based AOS , based on what you described above.

Moreover, how did you come here and allowed to enter US as B visa holder while married to US Citizen? Weren't you asked of purpose of your visit ? Certainly you were. If you were with your wife didn't CBP ask to convince him or her that you were not going to stay with your spouse? If you were not with your wife but visiting her, again, didn't CBP ask about her?

How did you convince CBP you were a mere tourist , while CBP knew you had USC wife ?

If you lied and didn't tell you had a USC wife when asked then you misrepresented yourself and facts are already there to prove it.

I am not advising you anything, I am not a lawyer and don't know how your case will be handled by USCIS but if you get denied for this how are you going to argue it and once decision has some legs to stand courts will affirm it, with each higher court reaffirming the lower. Just think it through and may be better to risk few month of separation and file for IR from abroad than risk permanent bar and never be able to come to US again.

Good luck.

[DandT14 272]

Keep looking around this site and others that you may find. I don't think your situation is terribly unique.

Did you lie either when you entered or when you got your visa? If not, then I think you'll be fine. Personally I would rather adjust status than be separated.

[ValerieA 350]

I came in on a B-2 (given by the officer who questioned me in secondary) and was completely honest that I was coming to visit my husband. I did not lie, and I got in just fine. Let's not assume that the OP misrepresented, I think it is very unlikely he did. Not sharing all the facts is not the same as lying, also.

[Harpa Timsah 13,258]

So we've been preparing these papers for about a month now and this is the first time we've heard that what we are doing might be considered fraud.

We called both the USCIS helpline and the US Embassy in my home country and no one ever mentioned fraud. They just told us which forms to file. In fact the embassy clerk specifically said, 'It isn't illegal'.

My wife(US citizen) and I lived in a VWP Country for about a year and got married there. We then decided to visit her parents in the US, I decided to get a B1/B2 visa in March so that I would be able to stay longer than 90 days. Therefore the purpose of the visit was simply to visit her parents over the summer. However my wife got offered a job much better than anything she could get in my home country. We then found out I could apply for AOS since we're already married. Is that wrong? Would we be in a better situation if we had gotten married while in the US?

Is there any way of going through this progress without us being seperated for several months? The intent was to visit...

We haven't sent in any forms yet. We want to do this legally with the least amount of cost and seperation time. Any suggestions

You did not have intent to immigrate at the time you entered so you should not worry. People on this website do not understand the laws, and there is a lot of misconception. Feel free to adjust status. The whole point of immigration laws is to keep families together, and the law understands that it would be overly bureaucratic to make you go home and come back and be separated from your family for no reason. People on this forum do not understand that, however.

Just found this on the subject

http://www.peerallylaw.com/en/content/view/562/

I can tell this lawyer doesn't know what s/he is talking about because s/he talks about the 30/60/90 day rule which does not exist.

[asdfg 18]

I came in on a B-2 (given by the officer who questioned me in secondary) and was completely honest that I was coming to visit my husband. I did not lie, and I got in just fine. Let's not assume that the OP misrepresented, I think it is very unlikely he did. Not sharing all the facts is not the same as lying, also.

Normally CBP would have to be convinced visitor will return after entry as a tourist.

Having a spouse in US creates a very strong presumption that one will immigrate to US (that's not the presumption I as a person make, this is the presumption that is codified in law. Actually, everyone is presumed to be immigrating to US under INA and have a burden to prove otherwise, but having a spouse in US makes it so much more difficult to convince of not intending to immigrate).

Of course your country of origin may make the difference. I don't know what is your nationality, but I assume that if you are a Canadian citizen who doesn't have visa requirements to enter US in the first place then CBP may easily be convinced that you will return after entry and visiting of your husband whereas someone from Bangladesh may have a lot more difficulties convincing the CBP of the same.

It is also possible that if you are the national of whatever country while CEO and majority shareholder of something like Toyota Corporation you may get the same pass, but most people do not fall under either category.

I am not suggesting that OP MR'd anything, I only wrote that IF he did then the proof would already be there and if denied for it then he would face a lifetime ban.

Better safe than sorry.

[Kathryn41 3,205]

So we've been preparing these papers for about a month now and this is the first time we've heard that what we are doing might be considered fraud.

We called both the USCIS helpline and the US Embassy in my home country and no one ever mentioned fraud. They just told us which forms to file. In fact the embassy clerk specifically said, 'It isn't illegal'.

My wife(US citizen) and I lived in a VWP Country for about a year and got married there. We then decided to visit her parents in the US, I decided to get a B1/B2 visa in March so that I would be able to stay longer than 90 days. Therefore the purpose of the visit was simply to visit her parents over the summer. However my wife got offered a job much better than anything she could get in my home country. We then found out I could apply for AOS since we're already married. Is that wrong? Would we be in a better situation if we had gotten married while in the US?

Is there any way of going through this progress without us being seperated for several months? The intent was to visit...

We haven't sent in any forms yet. We want to do this legally with the least amount of cost and seperation time. Any suggestions

You should be fine. You had a life established outside of the US to which you planned to return. You applied for a visitor visa and entered the US legally on that visa for a visit with your in-laws in the US - and then your situation changed. Your wife received a job offer that was too good to refuse and so now needed to live in the US in order to accept that job. As the spouse of a US citizen, you are eligible to apply to remain in the US due to those changed circumstances and to become a permanent resident legally allowed to live in the US. It is indeed legal.

There are a lot of people who feel that all immigrants should apply for permission to remain in the US from outside of the US only. They fail to consider the circumstances of those who are legitimately present within the US who find that they are allowed to adjust status to become a permanent resident due to changed circumstances. Rather than requiring them to leave the country and apply for a different visa to re-enter the country, USCIS allows for the individual to request a change of their status - in your situation - from visitor to permanent resident. Other equally legal situations include changing status from an employment visa or a student visa. It is legal.

Good luck to you with your green card process and congratulations to your wife on her new job. Don't let the naysayers get to you.

Also,make sure you do not leave the US until you receive either your Advance Parole (permission to travel gained from co-filing form I-131) or your actual green card (Permanent Resident status) as USCIS views that as abandoning the Adjustment of Status process, and you would have to restart all over again for a visa to re-enter the US as the spouse of a US citizen seeking to live in the US. (aka CR-1 visa).

Edited August 3, 2012 by Kathryn41

[TBoneTX 46,158]

Old thread closed; recent posts have been split from this thread and moved to the "Tourist Visas" forum.