Dangers of attempting to AOS from VWP,what are they?

[belinda63 3,047]

But if they weren't denied entry and they then attempted to AOS there might be problems, Again might, nothing is certain and no one can say what will happen at the interview. They may completely ignore the prior attempt at AOS from VWP, the filing of an I-130 a few months later, and the entry on VWP two months after that, then a second filing of AOS. Or they may pounce on the intent issue. No one knows.

[Teddy B 17,252]

belinda63, can you cite a reference for this statement? Actually, a voluntary abandonment of an AOS would have no effect on a future AOS attempt,as long as the person making the new AOS is in the country legally.However it is unlikely that person would be allowed into the country a second time on a VWP if there was a record of a previous withdrawn I-130 or a current I-130 that is pending.In that case they would more than likely be denied entry.

If both attempts at AOS had the same petitioner, that would be yet another flag that points to fraud.

[senorappliance 0]

As has been said many times before in this forum,intent alone is not sufficient basis to deny an AOS.There has to be other mitigating reasons in addition,such as lying about material facts,concealing a criminal history,sham marriage, etc.Just because a person withdrew a previous AOS attempt in itself is also not a sufficient basis for denial,even if both petitioners are the same,as TeddyB claims

No disrespect intended,but it looks like you are the one doing most of the "pouncing" around here!

[Teddy B 17,252]

As has been said many times before in this forum,intent alone is not sufficient basis to deny an AOS.There has to be other mitigating reasons in addition,such as lying about material facts,concealing a criminal history,sham marriage, etc.Just because a person withdrew a previous AOS attempt in itself is also not a sufficient basis for denial,even if both petitioners are the same,as TeddyB claims

No disrespect intended,but it looks like you are the one doing most of the "pouncing" around here!

I didn't say having two separate AOS attempts with the same petitioner would be the sole reason for denial, I said it would be yet another red flag to go a long with the other ones. Yanno, if it quacks like a duck..........it's probably a duck. Do you think the people at USCIS are stupid and have never seen these types of cases before?

What is it you are trying to achieve with this line of reasoning and questioning.

Edited August 15, 2013 by Teddy B

[senorappliance 0]

Sorry TeddyB,I guess I am not understanding your question.If a married couple withdraw a petition,and later on decide to refile it,why would the petitioner's or beneficiaries names be any different than the first time?

[David & Diana R 1,005]

Deja Vu?

Yeah I was gonna say this sounds so familiar. Like someone the other day who got shut down. But it couldn't be....

Aloha Ke Akua

[Teddy B 17,252]

Sorry TeddyB,I guess I am not understanding your question.If a married couple withdraw a petition,and later on decide to refile it,why would the petitioner's or beneficiaries names be any different than the first time?

To have two attempts of AOS from a tourist visa in such a short period of time with the same two people, makes it clear that there was intent to immigrate in at least the second attempt, if not both.

What is it you are trying to achieve with this line of reasoning and questioning?

Yeah I was gonna say this sounds so familiar. Like someone the other day who got shut down. But it couldn't be....

Aloha Ke Akua

Oh it is.

Edited August 15, 2013 by Teddy B

[belinda63 3,047]

Yep trying to find the "right" answers. Intent is not in and of itself a reason to deny AOS from a VWP or tourist visa, but someone who has clear intentions of circumventing immigration law might find themselves answering a lot of uncomfortable questions. And, they might find themselves, being denied. And, depending on what was said or marked during entrance to the US, find themselves with a ban. Or they could be approved no problem. It depends on the mood of the interviewer more than anything else. Maybe he/she is having a bad day. Maybe he/she is tired of people not following the law. Maybe he/she doesn't like your perfume. No one can say what will happen. We can only tell you what might happen.

People do AOS from non-immigrant visas with no problem. This neither makes it right nor does it make it legal.

[Ontarkie 14,507]

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