Adjusting Status from Tourist Visa

[Andrea&Henry 311]

I dont know if this can help you and I dont knowbif this ilegal either but let me tell you. A friend of mine, got married with US citizen 2 years ago. They met and got married in my hometown Venezuela. Her husband (US citizen) was born here in the US but he spent most of his life living in VEnezuela. In january 2012, due to the bad political and economic situation in Venezuela, ( she was pregnant also) they decided to move in US. He entered with his US passport and she entered with her european passport ( her dad was born in Spain and she have double citizenship) people from europe doesnt need visa to enter the US. A month later after her arrival, she gave birth a beautiful baby girl. A month later her husband filled for her 131 and adjustment of status (aprl 2012). She went to her biometric, had a smoothy and very easy AoS interview (only a couple of questions) and she recieved her green card 2 month ago. I guess must be legal cause she had no issues to get her green card. Mu advice would be talk to a immigraton lawyer, and let them tell you which is the best option for your, without commiting a fraud. The best of lucks

Edited August 13, 2012 by Andrea&Henry

[Harsh_77 718]

I dont know if this can help you and I dont knowbif this ilegal either but let me tell you. A friend of mine, got married with US citizen 2 years ago. They met and got married in my hometown Venezuela. Her husband (US citizen) was born here in the US but he spent most of his life living in VEnezuela. In january 2012, due to the bad political and economic situation in Venezuela, ( she was pregnant also) they decided to move in US. He entered with his US passport and she entered with her european passport ( her dad was born in Spain and she have double citizenship) people from europe doesnt need visa to enter the US. A month later after her arrival, she gave birth a beautiful baby girl. A month later her husband filled for her 131 and adjustment of status (aprl 2012). She went to her biometric, had a smoothy and very easy AoS interview (only a couple of questions) and she recieved her green card 2 month ago. I guess must be legal cause she had no issues to get her green card. Mu advice would be talk to a immigraton lawyer, and let them tell you which is the best option for your, without commiting a fraud. The best of lucks

Your friend did not get caught or was not stopped is another thing but to enter the country with VWP or B1/2 with intent is visa fraud.

Right way to do is file for CR1 or DCF whichever is applicable as per your case.

There is no such thing as 30/60/90 days either.... sometimes things work out at the moment but get caught later.

If you look in this forum just couple days back someone posted where his citizenship was refused as they had lied during the point of entry.

[Andrea&Henry 311]

You cant lied in this case, everybody knows she entered with her european passport with the intetion to stay, which she did, she never hide it. With only check her passport you can figure out. This topic wasnt touch in her interview either. The other guy lied about having a spouse which is wayyyy different. Im not saying this is what he should do, im just saying he shoukd talk with a lawyer and explore which are his options, obviously, in LEGAl terms ALWAYS

Edited August 13, 2012 by Andrea&Henry

[Andrea&Henry 311]

Your friend did not get caught or was not stopped is another thing but to enter the country with VWP or B1/2 with intent is visa fraud.

Right way to do is file for CR1 or DCF whichever is applicable as per your case.

There is no such thing as 30/60/90 days either.... sometimes things work out at the moment but get caught later.

If you look in this forum just couple days back someone posted where his citizenship was refused as they had lied during the point of entry.

According what are yiu saying my friend committed a fraud and "didnt get caught", ok, but then why in her interview, the CO never ask her anything about that? She might not "get caught" at the beginning, but then, when the CO knew she entered with the VWP with the clearly intetion to stay, why he gave her the Green card, when she sould get deported or denied? Makes me think thather case wasnt ilegal after all. I've heard about several cases that people get a denial on their AoS interview causepeople try to adjust with b2 visa. People entered the US SiNGLE, and then got married. My friend entered MARRIED with her husband since 2009, and gave birth to a baby girl together.

[Harsh_77 718]

According what are yiu saying my friend committed a fraud and "didnt get caught", ok, but then why in her interview, the CO never ask her anything about that? She might not "get caught" at the beginning, but then, when the CO knew she entered with the VWP with the clearly intetion to stay, why he gave her the Green card, when she sould get deported or denied? Makes me think thather case wasnt ilegal after all. I've heard about several cases that people get a denial on their AoS interview causepeople try to adjust with b2 visa. People entered the US SiNGLE, and then got married. My friend entered MARRIED with her husband since 2009, and gave birth to a baby girl together.

VWP or European passport does not mean they are coming with intent to stay.

There are thousands of ppl who come to US on VWP / European passport to visit... which is the right purpose of VWP.

As I said some cases do not get caught right away but you might have effect of this little lie years later when you are not expecting it.

Giving birth has nothing to do with entering on VWP or not... kids would have been USC anyways as their father is USC.

My point was ppl often cover up or do not disclose certain information at the begining of the process just so they do not have to stay apart for few months and that comes to bite them in later years.

I can gurantee you, your friend and his wife never told the offier at POE that they were coming to settle in US, 99% they just told the officer they were coming to have a vacation.

If they would have told the officer are POE their real purpose of the trip they would had been refused entry at POE itself.

[ValerieA 350]

According what are yiu saying my friend committed a fraud and "didnt get caught", ok, but then why in her interview, the CO never ask her anything about that? She might not "get caught" at the beginning, but then, when the CO knew she entered with the VWP with the clearly intetion to stay, why he gave her the Green card, when she sould get deported or denied? Makes me think thather case wasnt ilegal after all. I've heard about several cases that people get a denial on their AoS interview causepeople try to adjust with b2 visa. People entered the US SiNGLE, and then got married. My friend entered MARRIED with her husband since 2009, and gave birth to a baby girl together.

You've inadvertently gotten some right information in here. No, it is not OK to enter the US on a nonimmigrant (non-dual-intent, also, if there are any nitpickers out there) visa with the intention of adjusting status once here. It is unlikely that a POE officer would have let them in if he/she had asked "Are you intending to adjust status once you are here" and they had answered "Yes". However, once here, intent alone can not be used as a reason to deny. They can admit to the CO that they had intent, in fact they should, so they are not lying, if the question is asked - which it pretty much never is. As long as there are no other serious negative factors in their case, they will be fine.

One question, though - having been part of Visa Journey et al for 3 years now, I have not heard of one denial because someone tried to adjust with a B-2 visa. I have heard of a couple of denials, but not because of a B-2 visa.They were more than happy to let me adjust and that's what I entered on. So, can you please provide links to these "several" cases?

[Xanax 349]

OP- yes if you are still in the US, marry now and proceed with adjustment of status.

Keep in mind your wife will not be able to leave until the process is complete or she has advance parole (3-4 months) otherwise her AOS is considered abandoned and you will have to go through the DCF or CR-1 routes.

There is no 60 day rule or anything like that, it might be better to find an immigration attorney that fully understands the process if you want to use one, though... this process is DIY and most can do it on their own

[DandT14 272]

Yes. If you did not originally plan to and intent to come to the US to adjust status here, then you are eligible for AOS. If you had been specifically asked whether or not you were planning to file for AOS while in the US, and you had said no, at the time of your last entry, then I would be hesitant to do so. However, if the conversation at the border went as you described above, and you didn't originally intent to remain here to AOS, you can proceed to do so.

Just remember that your wife cannot return to Panama - or go anywhere else outside the US for that matter - for at least three months from when you file the paperwork.

If you choose to remain in the US, you don't only file the I-130, you'll also file the I-485 with it, along with all the supportive documents that are described in the instructions. The I-131 is for the Advance parole travel document, and I-765 for the temporary work document, EAD.

The VJ guide for the process is here: http://www.visajourney.com/content/i130guide2

It seems that you have to make up your mind fairly quickly.. so read through the guide, and have a discussion about what makes most sense for you. AOS within US will cost you altogether around $2,000, and takes roughly 4-6 months, unless the processing times have changed lately. CR-1 is cheaper, but takes longer, and your wife would spend most of that time in Panama.

My advice would be to follow this advice.