USC GOT MARRIED AND WANT TO APPLY FOR ADJUSTMENT WHILE SPOUSE IS IN THE STATE ON A VISITOR VISA

[chami123 5]

Ok this is for a friend, his now wife came to the state back in May, she have a 10 years visa, my friend decided to marry her and have her stay in the us, he will like to apply for adjustment for her before her 6 months stay expired, so can anyone with the same similar experience can guide me to which forms will my friend need to file out, he is willing to send all paper work by next week he just wanna know which forms to fill out, and from my understand since she is in the state, from my understanding my friend will need to file out form I-130 and I-485 together since she is already in the state, i greatly appreciate any feedback

[florida4life 29]

Nope your friend cannot do that it is FRAUD. They got to file the I-130 petition for spouse and wait on a spousal visa CR1 or IR-1 visa if they file for adjustment it will surely be denied. She can come and go back while the petition is waiting to be process. But your answer is no she cant adjust her status on a visitor visa. Sorry

Edited August 21, 2013 by florida4life

[lost_at_sea 995]

The above post is not entirely accurate. They can adjust her status from a tourist visa so long as she entered the US *without* the intention to marry and then stay in the USA. If they can show they married on a whim, and she really had every intention of leaving before her visa expired, then she can adjust. Read this guide and most importantly the warning at the top: http://www.visajourney.com/content/i130guide2

This path is higher risk, as if they think she DID have intent to stay (i.e. she wrapped up her home/job etc. in her home country before leaving - that would be a bad sign), then she'd be committing visa fraud and could face a 10 year US ban.

[chami123 5]

The above post is not entirely accurate. They can adjust her status from a tourist visa so long as she entered the US *without* the intention to marry and then stay in the USA. If they can show they married on a whim, and she really had every intention of leaving before her visa expired, then she can adjust. Read this guide and most importantly the warning at the top: http://www.visajourney.com/content/i130guide2

This path is higher risk, as if they think she DID have intent to stay (i.e. she wrapped up her home/job etc. in her home country before leaving - that would be a bad sign), then she'd be committing visa fraud and could face a 10 year US ban.

Yes my friend did bought her a round trip ticket, she was supposed to stay for 30 days, but my friend decided he was gonna keep her here and they got married in July, so he lost the money for half plane ticket

[chami123 5]

a) The OP is referring to someone on a tourist visa, not VWP.

b) Even if that *was* true, all the countries with VWP wouldn't issue K1s if their citizens could marry legally and then also adjust their status in one trip with immigrant intent the whole time.

Yes, people DO successfully adjust their status all the time on tourist/vwp, but it comes with the risk of denial and a ban if you are found to have used your VWP/tourist visa incorrectly (i.e. fraudulently).

Well im in the process of doing my k1 for my fiance the reason i did that route instead of getting married over there is because k1 is faster and plus most of our family is here in the us, they make the k1 for these types of situation

Do not listen to the fear mongers here who love to scream "fraud" and "intent" every time someone mentions adjusting status on a tourist visa.Even when there is "intent", it is not used as a basis for denial unless there are other more serious problems such as lies on documents or an attempt to conceal a criminal history,etc.

The most important thing is staying in the US and seeing the process through until the proper documents are processed. Adjusting status while on a tourist visa or VWP is completely legal if they are married to a US citizen.Ask any attorney.

Good Luck!

DO YOU KNOW WHAT FORM HE CAN FILE OUT?

[chami123 5]

CAN SOMEONE PLEASE TELL ME WHICH IS TRUE?

[JohnR! 5,495]

Wow thank you for ur clarity really appreciate that, i'm just not sure why the first thing that come to someone mind is fraud, not everyone is a fraudster

The information the other posted gave you is not entirely correct. There are several cases of AOS that are denied because the USCIS determines the relationship not to satisfy their requirements and proof of good standing. It is wishful thinking to believe the USCIS does not enforce the law and it is abhorrent that someone might predicate that it would be OK to ignore the intent clause.

Having said that however, it is also true that many come in as tourists or VWPs and decide to AOS while stateside. To each his own. You are also right in saying not everyone is a fraudster but it is the first thing that comes to mind, because you can expect that to be on the mind of the USCIS agent in charge of your friend's case. So, if their relationship is bona fide and provided there was never an intent to defraud the USCIS by your friend, nor has s/he lied to the CBP upon arrival in the US as to the reason for her visit to the US, they should be OK. If they have been less than forthcoming with the CBP officer at the POE, then they need to know they would be committing fraud if they continue with the process. It is not a judgment call, so much as it is a warning, in case they have been ill advised into thinking that they might get away with it. Again, I am not even suggesting this is their case, but it is always good to know all the facts before entering into dealings with the USCIS.

Check out this link with instructions on how to AOS and links to the forms they will need to fill out: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

Congrats to them and good luck!

[Ban Hammer 13,333]

a) The OP is referring to someone on a tourist visa, not VWP.

b) Even if that *was* true, all the countries with VWP wouldn't issue K1s if their citizens could marry legally and then also adjust their status in one trip with immigrant intent the whole time.

Yes, people DO successfully adjust their status all the time on tourist/vwp, but it comes with the risk of denial and a ban if you are found to have used your VWP/tourist visa incorrectly (i.e. fraudulently).

the above post is returned to view after removing the quoted post

USCIS does allow ppl to adjust their status on VWP and tourist visa but that is not the purpose of the visas.

USCIS also denies some of the cases and they have to go thru the standard CR1 and if they have incurred a ban while attempting to adjust they will need to overcome that.

the above post is returned to view after removing the quoted post

[Ban Hammer 13,333]

disregard any posts by fincadewes. said account was a duplicate of a known troll.

[chami123 5]

The information the other posted gave you is not entirely correct. There are several cases of AOS that are denied because the USCIS determines the relationship not to satisfy their requirements and proof of good standing. It is wishful thinking to believe the USCIS does not enforce the law and it is abhorrent that someone might predicate that it would be OK to ignore the intent clause.

Having said that however, it is also true that many come in as tourists or VWPs and decide to AOS while stateside. To each his own. You are also right in saying not everyone is a fraudster but it is the first thing that comes to mind, because you can expect that to be on the mind of the USCIS agent in charge of your friend's case. So, if their relationship is bona fide and provided there was never an intent to defraud the USCIS by your friend, nor has s/he lied to the CBP upon arrival in the US as to the reason for her visit to the US, they should be OK. If they have been less than forthcoming with the CBP officer at the POE, then they need to know they would be committing fraud if they continue with the process. It is not a judgment call, so much as it is a warning, in case they have been ill advised into thinking that they might get away with it. Again, I am not even suggesting this is their case, but it is always good to know all the facts before entering into dealings with the USCIS.

Check out this link with instructions on how to AOS and links to the forms they will need to fill out: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

Congrats to them and good luck!

wow thank you so much for clarifying that for me, he want to send everything by next week, it was not his intention to let her stay cause he bought a round trip ticket for her

[chami123 5]

disregard any posts by fincadewes. said account was a duplicate of a known troll.

why did his post get deleted

[lost_at_sea 995]

why did his post get deleted

Misinformation. Likely to land someone on the wrong side of immigration law.

Read Gegel's post closely and take their advice. It's the best on this thread.

[Hypnos 6,576]

Follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

[NikLR 13,227]

***Moved to AOS from work, student, tourist visas from IR1/CR1 process and procedures***

Please refer any further posts to the " Adjustment of Status from work, student, or tourist visa process and procedures " as this will the the forum your friend will need.

[BRB 6]

It would be hard to convince me if she came over for a 30 day visit and decided to get married all of a sudden.