AOS and intent

[PhillyJon 2]

I started to post this as a comment to my previous post, but it seemed like a new topic and food for thought for whoever maintains the guides. In the guide http://www.visajourney.com/content/i130guide2 it talks about intent as a black and white issue with the following advice:

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

A google of the topic turned up some pages that suggest that the rights of the petitioner and "family unity" weigh in favor of the spouse remaining in the US and filing an AOS:

"The Board of Immigration Appeals (BIA) has ruled that the substantial family unity equities involved in immediate relative adjustment of status situations outweigh the adverse factor of preconceived intent. Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980) and Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981) dealt with PCI for immediate relatives, specifically." - http://www.khurgel.com/b-1b-2-visa-holders-and-adjustment-of-status/

I'm just wondering whether the guides should reflect some of the shades of gray on the topic? It sounds like there's some significant risk in going the AOS route as opposed to sending the spouse/fiancee home and going the consular route. Having just trudged through the 8-month separation caused by the consular process, I wouldn't wish that on anyone.

[ValerieA 350]

We've occasionally mentioned that the warning needs to be updated in the guide, but no one has actually gone ahead and suggested a modification to the administration, to my knowledge. We get worn out defending the right to AOS in this forum and have little time for anything else.

[Soul Froosh 31]

Nothing in the VJ guide is technically incorrect.

However, I'm sure a lot of people have been scared by that warning and didn't AOS when they could have.

The law remains about intent. We should all pursue the correct visas for our own situation.

The intent question seems to be more of an online/forum issue. I don't think there's been a noted case of an AOS being rejected over intent.

[EM_Vandaveer 2,417]

Also, intent ALONE is not used as a reason to deny an AOS case...

[MacUK 983]

Everyone knows (at least most people anyway) that for someone already in the US then AOS is a valid option.

But for people outside the US with intent to go on VWP or a B2 and AOS then why not advise them to rock up at the POE with all their worldly goods and tell the CBP exactly what they intend to do.

They'll soon see exactly how much of a grey area it is when they're on the first flight home.

And no amount of screams about family unity would change that.

[ValerieA 350]

to avoid denial, deportation, or even being banned from re-entry to the US.

That part is incorrect.