Who files for AOS based on marriage?

[woeisme 0]

Essentially I am trying to find out if it is worth the money applying for a tourist visa for my wife for the USA. I am a US citizen. My wife is not a US citizen, nor does she have a green card. I live and work outside the USA, with no intention of moving back, and would like to visit the USA with her. If VJ is correct, tourist visas are not granted very often in this case. If it gets denied, no biggie, but I'd like to see if she even has a reasonable chance.

So the reason I'm posting it in AOS is because the immigration officer is going to assume that she will overstay the visa and apply for AOS to green card. I'm trying to overcome that assumption. Is AOS something she can apply for on her own or is it something that I must be involved in (either jointly or as the sole sponsor)?. If it's something she can apply for on her own, I assume we have zero chance of sucess and will just make other vacation plans.

[carton025 38]

Yes, your gal can apply for AOS. But, since she has not EAD, job, or ability to support herself in the US, there is a very high probability that her petition for AOS will be denied.

[Harpa Timsah 13,258]

No, a beneficiary cannot apply for AOS by themselves. For what you are talking about, they need a petition from a USC, a I-130, and the USC also needs to be the primary sponsor and fill out a I-864.

You are not going to overcome presumption of immigrant intent with bureaucratic loopholes, though. Your wife needs to show them her strong ties to home. SInce you are a USC, your strong ties to the place abroad can also work in her favor, since you are a tie to her. What is your work abroad? How long have you lived there? What is her job? Do you own property? Her likelihood to be successful also depends on the country.

Edited March 19, 2013 by Harpa Timsah

[MrsB2012 10]

Ignore the first reply. Harpa is correct. AOS is Adjustment of Status for people already inside the US who plan to remain and reside within the US. Seeing as you currently reside outside of the US and have no intentions of living in the US, AOS is not the proper route. Your wife will need to apply for a tourist visa. I would give the tourist visa a shot. Just bring plenty of evidence to show that your wife has strong ties to her country. Good luck!

Edited March 19, 2013 by MrsB2012

[woeisme 0]

Thanks.

I am transfered permanently by my company (IT company). I have documentation to prove this. For me to apply for an AOS for her would require me to quit my well-paying job, which would be very stupid.

I estimate we will have been here a little less than one year if and when we decide to apply for the tourist visa. Factors that work against us are that we are both not citizens of the country we currently live in. She has family in the US. Since she is with me on a visa for joining family in this third country, she cannot legally work. So she doesn't have a job, but has some savings. She will probably go to school for a graduate degree for a few years and study the local language intensively.

[MrsB2012 10]

You didn't state what country your wife is from. By any chance is your wife a citizen of any of the VWP (visa waiver program) countries? If you're not sure, look online. If she IS from a VWP country, it could make things a lot easier.

[woeisme 0]

Her country is not a memeber of the visa waiver program. I really don't think we have a chance. I keep reading that the COs frequently don't even look at any evidence, but just deny it outright based on marriage to a USC. So I'm abandoning the idea of her traveling with me to the USA and save the application fee. Thanks for the help guys and gals.