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Babe18

Tourist visa holder to marry a US citizen

By Babe18 in Adjustment of Status from Work, Student, & Tourist Visas

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Babe18 Contributor

Babe18   4

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

I have a friend who is a tourist visa holder. My roommate here in US met him and they became bf/gf. After about 6 months, they now decide to get married. My friend and roommate now want to apply for a spousal visa so he can stay here for good after they got married. We just want to ask the procedures they should do for him to adjust his status from tourist visa to spousal visa.... TIA

MY VISA JOURNEY: 08/26/2013 - I-129F Packet Sent cool.png08/28/2013 - I-129F Packet Delivered to USCIS Texas Lockbox Facility09/04/2013 - Text & e-mail notification of application receipt (For Initial Review)dancin5hr.gif09/05/2013 - Alien Registration Number changed relating to I-129F09/09/2013 - NOA1 hardcopy received10/21/2013 - USCIS website status update - approval notice sent (NOA2)10/24/2013 - NOA2 harcopy received11/19/2013 - NVC receivedgood.gif11/20/2013 - NVC left in transit to USEMdancin5hr.gif11/29/2013 - Medical exam passedI2/11/2013 - INTERVIEW PASSED good.gif12/12/2013 - visa status on CEAC website - READY (case open)12/13/2013 -visa status on CEAC website - ADMINISTRATIVE PROCESSING12/16/2013 - visa status on CEAC website - ISSUEDdancin5hr.gif VISA ON HAND!!!! <p>

AOS, EAD & AP filed 03/02/14
Biometrics appointment 04/04/14

EAD & AP approved 05/15/14

EAD&AP combo card received 05/23/14

AOS interview sched 07/29/14

NikLR Grand Master

NikLR   13,230

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

--moved to AOS from Tourist, Student, and Work visas from IR1/CR1 process and procedures as OP is looking for information on that path--

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Ning Experienced

Ning   619

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted

I have a friend who is a tourist visa holder. My roommate here in US met him and they became bf/gf. After about 6 months, they now decide to get married. My friend and roommate now want to apply for a spousal visa so he can stay here for good after they got married. We just want to ask the procedures they should do for him to adjust his status from tourist visa to spousal visa.... TIA

On the surface this looks like an attempt at visa fraud. If that is what USCIS thinks they will have to be ready to offset that thinking at some point.

Entering the U S on a tourist visa and them marrying while here is fine. Marrying a USC with the intent of using that marriage to remain is fraud which seems to be what you describe here.

See the forums area here on V J where you will find one that deals with doing the AOS from a tourist visa.

Hypnos Grand Master

Hypnos   6,577

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

After they marry, they can follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Have them use the guide that Hypnos linked. They should file as soon as they are married and have the required documents and money together, and the foreign spouse absolutely should not leave the US until they have their AP (permission to travel) or green card. It is a simple process, and typically takes 3-5 months.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

silverjetplane Explorer

silverjetplane   34

Posted
Filed: Lift. Cond. (apr) Country: Chile
 Timeline
Posted

Have them use the guide that Hypnos linked. They should file as soon as they are married and have the required documents and money together, and the foreign spouse absolutely should not leave the US until they have their AP (permission to travel) or green card. It is a simple process, and typically takes 3-5 months.

From that link: "If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

I would be very careful regarding the situation described by the OP. I think it would be very easy to see that USCIS might see an attempt at visa fraud, i.e. entering on tourist visa with intent to marry and then apply for change of status.

Spoiler

 

19 Jan 2014 Married

USCIS

11 Apr 2014 I-130 Sent

17 Apr 2014 NOA1

02 May 2014 NOA2

NVC

21 May 2014 NVC Received

06 June 2014 Case Number, INI, and BIN generated

06 June 2014 AOS bill / DS-261 generated

03 July 2014 Paid AOS bill

03 July 2014 DS-261 completed and sent electronically

07 Aug 2014 AOS package sent

12 Aug 2014 AOS Package received by NVC (scan)

20 Aug 2014 DS-261 accepted

20 Aug 2014 IV invoice generated

20 Aug 2014 IV invoice paid/printed cover sheet

21 Aug 2014 DS-260 completed and sent electronically

22 Aug 2014 IV package of supporting documents sent

27 Aug 2014 IV package received by NVC (scan)

07 Sep 2014 Realize error on AOS (AGI vs. Total Income)

09 Sep 2014 AOS I-864s (joint sponsors) resubmitted

11 Sep 2014 AOS Re-submit received by NVC (scan)

16 Sep 2014 60-day notice received (note: this is the first 60-day notice I have ever received)

20 Oct 2014 CASE COMPLETE! (AOS and IV)

Embassy

08 Dec 2014 Medical Appointment

22 Dec 2014 Interview and APPROVAL!

27 Dec 2014 Receive passport and paperwork from the embassy

POE/Post Entry

23 Feb 2015 POE at Houston - No problems on entry

01 Mar 2015 Received SSN via USPS

02 Apr 2015 Received physical green card

ROC

19 Dec 2016 Sent I-751 Packet

26 Dec 2016 NOA1 Received

12 Jan 2017 Biometrics Appointment

14 Feb 2018 Infopass Appointment (LA) for ADIT Stamp

15 May 2018 ROC APPROVED! (I-797 NOA received 5/21/18 - GC in production!)

 

Hypnos Grand Master

Hypnos   6,577

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

I doubt it.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

From that link: "If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US."

I would be very careful regarding the situation described by the OP. I think it would be very easy to see that USCIS might see an attempt at visa fraud, i.e. entering on tourist visa with intent to marry and then apply for change of status.

The situation described by the OP was simply that someone entered the US on a tourist visa, met and married a USC, and now the couple has made the decision to live in the US together. There is absolutely nothing wrong with that.

Also, intent is a non-issue. A denial can not be based on suspicion of intent.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

silverjetplane Explorer

silverjetplane   34

Posted
Filed: Lift. Cond. (apr) Country: Chile
 Timeline
Posted

The situation described by the OP was simply that someone entered the US on a tourist visa, met and married a USC, and now the couple has made the decision to live in the US together. There is absolutely nothing wrong with that.

Also, intent is a non-issue. A denial can not be based on suspicion of intent.

OK. Thanks for clarifying. I've been following a few people that were in the same situation and one couple is now in a bit of trouble for not being 100% honest about how they met, etc. I think if it is handled clearly and carefully, then there isn't a problem. But not fully understanding either the language or the explanation required could cause some problems.

Spoiler

 

19 Jan 2014 Married

USCIS

11 Apr 2014 I-130 Sent

17 Apr 2014 NOA1

02 May 2014 NOA2

NVC

21 May 2014 NVC Received

06 June 2014 Case Number, INI, and BIN generated

06 June 2014 AOS bill / DS-261 generated

03 July 2014 Paid AOS bill

03 July 2014 DS-261 completed and sent electronically

07 Aug 2014 AOS package sent

12 Aug 2014 AOS Package received by NVC (scan)

20 Aug 2014 DS-261 accepted

20 Aug 2014 IV invoice generated

20 Aug 2014 IV invoice paid/printed cover sheet

21 Aug 2014 DS-260 completed and sent electronically

22 Aug 2014 IV package of supporting documents sent

27 Aug 2014 IV package received by NVC (scan)

07 Sep 2014 Realize error on AOS (AGI vs. Total Income)

09 Sep 2014 AOS I-864s (joint sponsors) resubmitted

11 Sep 2014 AOS Re-submit received by NVC (scan)

16 Sep 2014 60-day notice received (note: this is the first 60-day notice I have ever received)

20 Oct 2014 CASE COMPLETE! (AOS and IV)

Embassy

08 Dec 2014 Medical Appointment

22 Dec 2014 Interview and APPROVAL!

27 Dec 2014 Receive passport and paperwork from the embassy

POE/Post Entry

23 Feb 2015 POE at Houston - No problems on entry

01 Mar 2015 Received SSN via USPS

02 Apr 2015 Received physical green card

ROC

19 Dec 2016 Sent I-751 Packet

26 Dec 2016 NOA1 Received

12 Jan 2017 Biometrics Appointment

14 Feb 2018 Infopass Appointment (LA) for ADIT Stamp

15 May 2018 ROC APPROVED! (I-797 NOA received 5/21/18 - GC in production!)

 

Babe18 Contributor

Babe18   4

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Thanks for all the responses. I guess I will just have to tell them that their situation needs to be handled carefully though they are not really committing visa fraud since the original intention of going here with a tourist visa is because of a terminally ill immediate relative. it just happened they met and decided to be with each other.

MY VISA JOURNEY: 08/26/2013 - I-129F Packet Sent cool.png08/28/2013 - I-129F Packet Delivered to USCIS Texas Lockbox Facility09/04/2013 - Text & e-mail notification of application receipt (For Initial Review)dancin5hr.gif09/05/2013 - Alien Registration Number changed relating to I-129F09/09/2013 - NOA1 hardcopy received10/21/2013 - USCIS website status update - approval notice sent (NOA2)10/24/2013 - NOA2 harcopy received11/19/2013 - NVC receivedgood.gif11/20/2013 - NVC left in transit to USEMdancin5hr.gif11/29/2013 - Medical exam passedI2/11/2013 - INTERVIEW PASSED good.gif12/12/2013 - visa status on CEAC website - READY (case open)12/13/2013 -visa status on CEAC website - ADMINISTRATIVE PROCESSING12/16/2013 - visa status on CEAC website - ISSUEDdancin5hr.gif VISA ON HAND!!!! <p>

AOS, EAD & AP filed 03/02/14
Biometrics appointment 04/04/14

EAD & AP approved 05/15/14

EAD&AP combo card received 05/23/14

AOS interview sched 07/29/14

 
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