AOS from tourist visa

[ellerich 0]

I am aware AOS from tourist visa, is considered immigration fraud. Under various circumstances, some people end up in this situation. I'm just curious how many persons have gone through this process? & If you guys wouldn't mind sharing your filing & interview experiences..

[Hypnos 6,576]

AoS from a tourist visa is not visa fraud.

Entering the United States with the preconceived intent to remain is visa fraud.

[Kazulie 132]

Lots and lots and lots of people do this. and lots and lots and lots of people get approved by doing this.

Like Hypnos said, as long as they don't believe you had the intentions on staying here when you received your visitor's visa, and you prove you are in a bona fide marriage, no problem.

[JGD108 8]

Same for other non-immigrant visas (such as TN)..

Search "preconceived intent" lots of discussion about it..

Generally wait 30 days min. or 60 days if you can before filing AOS.

[Penguin_ie 5,993]

Generally wait 30 days min. or 60 days if you can before filing AOS.

There is no need for that. If you come on a visa waiver program for a two week visit, and the day after you arrive you find out the female of the couple is pregnant and the male proposes, then get married the next day and file AOS. If you come on a tourist visa with intent to get married and file AOS, it's visa fraud whether you do it on day one or the day before your 6 months stay expires.

Either you have intent or you do not, 30/60/90 days is not going to change that.

Edited January 24, 2013 by Penguin_ie

[aaron2020 11,651]

I am aware AOS from tourist visa, is considered immigration fraud. Under various circumstances, some people end up in this situation. I'm just curious how many persons have gone through this process? & If you guys wouldn't mind sharing your filing & interview experiences..

Your mother is an LPR. You are under 21. She filed on the I-130 and I-485 on October 13, 2012. That places you in the F2a category where the current PD is October 22, 2010.

On what basis are you adjusting when a visa number is not available in your category?

Your case cannot be approved if a visa number is not available in your category.

[Storm24 2]

Hello everyone. I am adjusting from a tourist visa. I came to the United States to visit my little girl and didn't plan on getting married. I didn't even bring much clothes since it was going to be a short stay. But some how in the mix I propose to my baby mother. And now we are adjusting my status. Because I didn't come over here to get arrived but we did and was spyros the moment thing.

AoS from a tourist visa is not visa fraud.

Entering the United States with the preconceived intent to remain is visa fraud.

I agree with you

[newacct 688]

There is no need for that. If you come on a visa waiver program for a two week visit, and the day after you arrive you find out the female of the couple is pregnant and the male proposes, then get married the next day and file AOS. If you come on a tourist visa with intent to get married and file AOS, it's visa fraud whether you do it on day one or the day before your 6 months stay expires.

Either you have intent or you do not, 30/60/90 days is not going to change that.

However, "intent" is in your mind, and nobody can actually know what anybody else's intent is. So it all comes down to the visible facts, and whether they seem to point to intent or not. Certainly getting married days after entering on a tourist visa would point to intent to immigrate (unless there's a special circumstance, like getting pregnant as you mentioned above), even if you may somehow genuinely not have such intent in your mind when you came. Conversely, you may have had an intent to immigrate in your mind, but if you don't leave any evidence of it and wait a long time before doing any steps to get married or immigrate, and have a consistent explanation for everything, then that will probably not look like there was intent.

[deborabr 16]

That's exactly what they asked during my interview after I said the last time I came back to US was august 24 and we got married on august 30 she asked if I had intention to get married before I came back to US. My answer was that we had plans to get married since we were engaged since May but I did not pick a date to get married before entering in US after I was here we decided was better to get married before I went back to school in another state and got married in the courthouse....but be careful how you answer those questions on the interview.

Edited January 24, 2013 by deborabr

[ValerieA 350]

And here we go again...

Although they may ask about intent at the interview (and that not very often) intent alone - and especially suspicion of intent - can not be used as a reason to deny. There would have to be other serious adverse factors in the case.

[blankmedia 41]

If you look at the statistics, 65% of greencards given out in 2010 where people adjusting status while inside the USA. There were over a million cards given out. I think you would need some real serious intent/planning to ever be questioned about it. My personal feelings on the matter are that they hardly ever question intent unless they think the basis of the marriage is for immigration purposes. Intent is dealt with at the Port of Entry, for USCIS to question it would be to question the competence of the CBP agent admitting the alien into the USA.

[SAT 9,609]

I am aware AOS from tourist visa, is considered immigration fraud. Under various circumstances, some people end up in this situation. I'm just curious how many persons have gone through this process? & If you guys wouldn't mind sharing your filing & interview experiences..

My wife AOSed from a tourist visa. And it wasn't fraud.

The fraud was when she said she will cook, clean, wash, etc... lol

[deborabr 16]

LOL Steve....I think my husband was caught with the same problem hahahaha

[SAT 9,609]

LOL Steve....I think my husband was caught with the same problem hahahaha

That's the way it always works out I guess lol. But I've gotta give Tiff credit where credit is due...she does clean, OCD as a matter of fact. And the kitchen is immaculate, largely because she never cooks...Our 3 year old daughter is picking up the same habits....

[ellerich 0]

My wife AOSed from a tourist visa. And it wasn't fraud.

The fraud was when she said she will cook, clean, wash, etc... lol

Lol , Wow .. Thanks for the laugh there

And here we go again...

Although they may ask about intent at the interview (and that not very often) intent alone - and especially suspicion of intent - can not be used as a reason to deny. There would have to be other serious adverse factors in the case.

I see, Thanks for your input ..

Your mother is an LPR. You are under 21. She filed on the I-130 and I-485 on October 13, 2012. That places you in the F2a category where the current PD is October 22, 2010.

On what basis are you adjusting when a visa number is not available in your category?

Your case cannot be approved if a visa number is not available in your category.

I don't comprehend what it is you're trying to say .. Visa number ? To what specific visa are you referring to ?