Documents for AOS on B2 VISA

[ak205 1]

Hi everyone,

My parents are planning to visit me in a month or so. They have no plans for AOS but I read they do have an option later on to do it. So what I want to do is, want them to visit and if they get comfortable in a month or so then I want to go ahead and file AOS for them.

My dad did not have a birth certificate so he went ahead and got a letter from the authority stating his birth record was not found. I also made him get two affidavits and bring it here so incase we file for AOS we have all the documents ready.

So what I want to know is will there be any red flag since these affidavits and letter for no birth record are recently acquired documents before entering on B2?

Again, I repeat they may not even apply for AOS, I just want to make sure I have everything incase they want to apply after staying for couple of months.

Any helpful responses are greatly appreciated.

Thanks

[Hypnos 6,576]

Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status would be visa fraud.

[aaron2020 11,651]

While "they have no plan to AOS," you would like to research it and be prepared when they change their minds after entering the US?

Regardless of their preconceived intent to immigrate, its not a valid reason to deny your parents' AOS as long as the do not lie at the POE since they are Immediate Relatives of a USC. If they lied, then the AOS could be denied.

Documents obtained before they come over sure makes it looks like they are preparing to AOS doesn't it? USCIS can use them to show preconceived intent to immigrate. USCIS will thank them for proving evidence of that. All they got to worry about is lying at the POE.

Edited June 29, 2014 by aaron2020

[ak205 1]

While "they have no plan to AOS," you would like to research it and be prepared when they change their minds after entering the US?

Regardless of their preconceived intent to immigrate, its not a valid reason to deny your parents' AOS as long as the do not lie at the POE since they are Immediate Relatives of a USC. If they lied, then the AOS could be denied.

When you say lie, do you mean telling the Officer that they are here to visit? Which they actually are.

Also, if at all I decide to file for them, I wont be able to do so until they stay long enough to make up their minds.

[KimberlyAhmed 28]

In my opinion that the documents dated prior to your fathers arrival in the USA, would make it appear that he had the intention of immigrating and could be considered visa fraud.

[ak205 1]

Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status would be visa fraud.

The uscis.gov itself gives an option to adjust status for Immediate Relatives. I am not able to understand why would they consider it a visa fraud when they are the ones who has put the guidelines for AOS for immediate relatives in US.

[KimberlyAhmed 28]

The uscis.gov itself gives an option to adjust status for Immediate Relatives. I am not able to understand why would they consider it a visa fraud when they are the ones who has put the guidelines for AOS for immediate relatives in US.

By gathering the documents(especially the dated ones) prior to arrival shows intent to stay. If the documents have a date after the arrival date, then it appears the decision to stay in the USA was after the fact, not before.

[Ryan H 3,812]

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