AOS from tourist visa

[bigdog 376]

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.

:thumbs:Straight talk what a relief.

[aaron2020 11,651]

Lol , Wow .. Thanks for the laugh there

I see, Thanks for your input ..

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

You do understand that it takes 2-3 years for an LPR to petition for an unmarried child under 21, right?

Just because you have a visitor visa, it doesn't mean you get to skip the wait and adjust immediately.

When your LPR mother filed for you on October 13, 2012, a visa number was not available in your category. You did not qualify to adjust your status at that time. You must wait 2-3 years until a visa number is available in your category, F2a, to qualify to adjust.

You made a BIG MISTAKE.

Ultimately your case will be denied since you do not qualify for AOS.

Go home before you start accruing days of unlawful presence for applying to adjust when you don't qualify.

Edited January 24, 2013 by aaron2020

[Hagrid 22]

lol you guys are awesome hehe! I am lol for the joke.

In my personal case, I had the 5 yr tourism visa after two J1. We thought for a moment of using that one to get married here but then we thought well we have intent to get married on b1/b2 before coming here and we were engaged before so we thought that is visa fraud so we didn't do it and went for the long and exhausting but right k1 path.

But some friends of mine came here with no intent and then were proposed and didn't have it planned, every case is unique! and things turned out ok for them!

so just think yourself, when you came here what your plans were, what made you change opinion? if it happened after your arrival, if the unique circumstances you are under made you change your mind when you were already here and base your decision on that with your loved one and how much you are willing to sacrifice to be together.

[Hypnos 6,576]

You do understand that it takes 2-3 years for an LPR to petition for an unmarried child under 21, right?

Just because you have a visitor visa, it doesn't mean you get to skip the wait and adjust immediately.

When your LPR mother filed for you on October 13, 2012, a visa number was not available in your category. You did not qualify to adjust your status at that time. You must wait 2-3 years until a visa number is available in your category, F2a, to qualify to adjust.

You made a BIG MISTAKE.

Ultimately your case will be denied since you do not qualify for AOS.

Go home before you start accruing days of unlawful presence for applying to adjust when you don't qualify.

Good catch.

Not related to the thread subject, but unless there is something the OP has not stated then their AoS is in big trouble.

[Aya_P 17]

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.

i agree with the previous post, its better to wait till the later part of your stay, u have better chances of convincing you didnt intend to stay, like in the third month.

Edited January 24, 2013 by P.A.@2013

[JGD108 8]

Much ado on the intent and yes they aren't mind readers

Even if it is not a written rule, AOS within 30 days is considered fraud, 30-60 days they will be suspicious.. so why risk it?

Unless your tourist visa is very short..

[Hypnos 6,576]

The 30 / 60 / 90 days rule is a fallacy.

[Love To Teach 161]

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.

I wonder if they go so far as to check emails, chats, ask family members, and stuff like that to see if there was talk of marriage before the person got here. How far does immigration go to check people out? I know lots of who came on lottery, paid somebody to marry them, etc. They seem to breeze right through the system. It's probably the honest ones that get the grilling from immigration....