married and spouse on tourist visa

[Jordandawg05 13]

Ok - some of you have seen or read my posts but i want to explain where I am in our process /application and get some advise.

I recently got married to a Jordanian girl in July, she already had a tourist visa that we used and she is now with me in the States living until January ( CBP gave us 6 months visit). At the airport, my wife told CBP that she understands the process and is going to go back to Jordan to complete and interview. This has been our plan before we got married. Her ticket to the States was two ways and that was all set.

I called USCIS last week to confirm all documents needed and explained to them my wife is currently on a B1/B2 visa and I want to get her to be a permanent resident. I was shocked to hear it from the USCIS reps telling me that I could do an adjustment on status even if my wife over stayed and as long she entered legally to the States. I called twice and I got the same answer and since then i've been exploring my option. So now its been in my head that this is an option but i wanted to get everyone's opinion about it. Again my original plan was set to have my wife go back to Jordan to complete CR1 process and interview there.

I have another card in play too; my father and mother in law applied to immigrate to the States 10 years ago and all of a sudden now they have an interview in Amman on the 24th of this month. It is very possible that my wifes parents will be in the States visiting their son ( in Cali) by October. The reason I say it is another card because my parents in law will not allow to have my wife stay by herself in Jordan. This is why we may want to adjust if we can because she wouldn't have a 'home' per sey as we planned originally.

I just wanted to play it safe and i know from what i researched several months ago that adjusting a status while on a tourist visa is not good and not recommended BUT would it be an option for us at this point? since USCIS is saying thats OK? I am just afraid that we are accused of misusing the tourist visa and get in deep trouble.

Thanks for everyone's input in advance!

[brett and alma 12]

I think you are ok. It think this is part of OBAMAs changes.

[velrich 50]

You have a good reason to adjust status since your wife may no longer have a home in Jordon.

[Ryan H 3,821]

Moving from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion. OP has started one process but is considering another.

**Organizer hat off**

OP, First of all, the poster of post #2 is incorrect regarding recent DHS actions as it relates to your situation. That action has to do with minor children who were brought here by their parents and therefore is completely unrelated to your situation.

At the airport, my wife told CBP that she understands the process and is going to go back to Jordan to complete and interview. This has been our plan before we got married. Her ticket to the States was two ways and that was all set.

The section of your post above that I put in bold could possibly be a problem to going down the adjustment of status route, it really depends on what her exact words to the CBP officer were. I am mentioning this because if she did in fact say to the CBP officer she will return to Jordan to interview for a spousal visa, and then turns around and files to adjust status, she opens herself up to a charge of misrepresentation. I don't know if that will in fact come up or not (it will be a problem if it does) but it's something to consider as you evaluate your options.

On the flip side of what I just said, people's circumstances and do change, if a charge of misrepresentation were to come into play, it's a charge the government would have to prove, and evidence of changing circumstances could be presented to counter the charge.

This is just my two cents, take it for whatever it's worth to you.

Edited September 5, 2012 by Ryan H

[Jordandawg05 13]

Moving from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion. OP has started one process but is considering another.

**Organizer hat off**

OP, First of all, the poster of post #2 is incorrect regarding recent DHS actions as it relates to your situation. That action has to do with minor children who were brought here by their parents and therefore is completely unrelated to your situation.

The section of your post above that I put in bold could possibly be a problem to going down the adjustment of status route, it really depends on what her exact words to the CBP officer were. I am mentioning this because if she did in fact say to the CBP officer she will return to Jordan to interview for a spousal visa, and then turns around and files to adjust status, she opens herself up to a charge of misrepresentation. I don't know if that will in fact come up or not (it will be a problem if it does) but it's something to consider as you evaluate your options.

On the flip side of what I just said, people's circumstances and do change, if a charge of misrepresentation were to come into play, it's a charge the government would have to prove, and evidence of changing circumstances could be presented to counter the charge.

This is just my two cents, take it for whatever it's worth to you.

What my wife told them at POE is what scares me, as she did mention that she will be returning to jordan to itnerview. This is what we planned for and an ASO was not in play before she entered. I am just torn between playing it safe (returning in Jan) and an ASO. The thing too , having an ASO is an extra 1000 that we didn't plan for too and my wife wants to go back to Jordan to visit her family but during next summer ( as her sister will be in town from abu dabi). from a financial stand point too, her return ticket in January would be washed away if she doesn't go back and we are forced to buying a fresh ticket if she goes next summer...so financially speaking its extra expenses.

Thanks for the replies so far !