confusing info from USCIS military helpline staff

[JP and Tee 13]

Hello, have a quick question

My husband lives in the US while I am in Malaysia. I have a tourist visa, which is valid for at least another 5 years. We haven't filed for I-130 yet, just recently got married.

Recently, my husband called the USCIS military helpline (he's with the military). The lady he talked to told him I could fly to the US on a one way ticket, told the IO if they ask, that I'm filing for adjustment of status in the US and stay, hence the one way ticket. She also said it's ok, and we can do it.

From what I understand, it means I can visit but not stay. My question would be would flying there on a one-way ticket be ok? I'm not sure if this is a good idea. I don't want to fly all the way there only to be told to go back to Malaysia, or worse, get banned from entering the US.

thank you for your feedback!

[Que Saudade 284]

No, this is not correct. You have to follow the same guidelines as everyone else. It may be possible that your case gets adjudicated a little faster. But coming to the US with the intent to immigrate on a tourist visa is a big no no "". There are spouses here on VJ that have pending CR1 visas. Maybe you can start dialogue with them to get some insight to the process as a military spouse.

Best wishes....

[Que Saudade 284]

Link to Military Immigration related discussions

Take a look here and I hope it helps you!

[JP and Tee 13]

yeah, we're aware of the process, and are considering going through that. He called to get more info, since we do have a pending deployment (dates not sure yet) and that might affect our petition. I am aware of the whole committing visa fraud etc but just concerned sicne the advice was given by the person he talked to on the USCIS Military helpline. I mean, why was she giving bad advice?

Thanks for your input, appreciate it!

[Hypnos 6,576]

She was giving you bad advice because she is either bad at her job or poorly trained.

If you come here on a one-way ticket and tell them it is your intent to file for AoS then you will have absolutely no chance of being admitted. They will put you on the next flight back to Malaysia.

[Que Saudade 284]

The CR1 process is what you have to go through. No other way. Make sure he asks the question specifically about how this lady is suggesting bypassing the CR1 Visa and recommending you enter on a tourist visa knowing that you are intending to immigrate.

That is very strange.

[JP and Tee 13]

Yeah, that's what I thought. We've compiled all the docs we need, just haven't actually filed the I-130 petition yet.

My husband said the lady told him we could file and AOS in the US, that I should get a one-way ticket to the US and tell the IO we're filing for adjustment. I'll call them again tomorrow and ask further.

Understandably, the husband is quite upset because he thought that would mean we can be together sooner

[Hypnos 6,576]

I'm not sure why you would want to call them knowing they are already giving you poor advice, but that is your prerogative to do so.

An IR-1 / CR-1 immigrant visa will usually take 8 - 10 months to process, although perhaps there is an expedite available for being a military spouse. The forum linked above from Que Saudade would probably be the best place to ask.

[kamhoe 5]

These people here are correct! Definitely do NOT enter United States with non-immigrant visa with an immigrant intention.

CR-1 is the right path and the expedited for military spouse only takes a few months.

[AF-Wife 181]

These people here are correct! Definitely do NOT enter United States with non-immigrant visa with an immigrant intention.

CR-1 is the right path and the expedited for military spouse only takes a few months.

She doesn't have grounds for an expedite. Just the regular CR-1 process that everybody has to go through.

[DandT14 272]

She doesn't have grounds for an expedite. Just the regular CR-1 process that everybody has to go through.

I don't know much about this subject, but if they wait until after he's deployed, can they do that DCF thing? Isn't that faster?

[ceadsearc 516]

Well, the people that work for the regular help line are call center reps who don't work for USCIS and work from scripts. I imagine the military help line is the same.

You'll need to do the CR-1 process. Chances are extremely high that if you arrive with a one-way ticket you will be turned away at POE. You can visit. You can also ask for an expedite as your husband is deploying.

[asdfg 18]

As above poster stated, the civilian toll free lines are answered by contractors who are not USCIS employees (rarely, when you get transferred to L-2, you MAY sometimes get USCIS officer, but it's not guaranteed. Even L-2 is usually just a supervisor of L-1). Toll free line is not for a legal advise anyway.

The INA expressly prohibits you to immigrate on visitor visa. Having your husband in US and having a clear intention to come here in order to adjust your status through him is an obvious violation of the terms of your visitor visa.

The simplest way for you to go about it is to apply for an immigrant visa and enter the US as an immigrant.

If you follow the advise given to you on toll free line you risk being placed in removal and barred from future immigration.

Many posters on this forum point to USCIS field manual and cited there case precedents where USCIS IO is given a discretionary power to AOS despite intention to immigrate on non-immigrant visa, but you will be placing yourself in the mercy of IO (who MAY or MAY NOT like you, who MAY or MAY NOT wish to approve you, who MAY or MAY NOT want to pursue this in removal proceedings, who MAY or MAY NOT allow you to AOS and etc.) and he will have vested by Congress authority to do so , not a mere arbitrary whim.

[JP and Tee 13]

hi everyone,

thank you for the replies!

we've submitted out the I-130, going through the normal route, and we got sent to Vermont, which means it could be anywhere from 6 months or longer! sigh.

I have a tourist visa, so we are planning for me to come visit for thanksgiving up until Easter at least due to him going to PSC in Feb. we are hoping i won't be barred upon arrival, since I do not intend to stay beyond what is allowed. I've been visiting the US since 2008 and had never overstayed, always making sure I come back before the 6-month mark.

We are well-aware of the fact that going into the US under a tourist visa and adjusting status is considered immigration fraud, and we do not intend to go down that way. I was a little surprised when the USCIS helpline staff told us that (we both called and got the same answer) so just wanted to share our experience since I wont want any other members who might not be aware,to follow this bad advice and end up being turned away or worse, banned from entering the US.

My husband did email the us embassy in Malaysia (before we filed), but they said they couldn't grant us DCF because he's deploying next Feb to another US state. The problem is while my husband is going to PCS to a US state in Feb, the unit at the new base is going to the middle east in Dec, so there is a chance he will be joining them in February unless the army decides he's going to be in Rear D. We hope that won't happen, but if it does, you can bet that we are going to ask for our case to be expedited for sure!

Since this whole process takes a lot of effort (compiling of documents/evidences and also require us to invest a lot of time, effort and money) we definitely do not want to screw this up by doing something wrong. We are still going to try and get our case expedited, not sure if it'll go through but if it does, I'll be sure to let you know.

Thanks again for the replies!, really appreciate it!

Edited August 26, 2012 by JP and Tee