AOS From Tourist Visa Threads Being Shut Down

[ValerieA 350]

So "AOS from K1 and K3", and leave the "other AOS forum" as is?

Last time we checked, it was not possible at all to ban people from one forum, or one category, but I know Captain Ewok is planning some upgrades, so who knows in future...

I would not agree with removing it, but I am absolutely willing to discuss a re-wording. What would you suggest?

Sorry, Penguin, I was away for the weekend. I would say "AOS From K-Visas" so it includes K-2 and whatnot, also. I think I have that right - K-2 also requires AOS, right? And the forum in question could be something like "AOS From Non-K Visas/ESTA/VWP" or the same as it is now, but including ESTA/VWP in it. The important thing is to get the word "family" out of there because that really confuses people.

Regarding the rewording, this part is not true.

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.

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.

To make it accurate and informative, it should be more along the lines of:

Your fiance/fiancee can not come to the US on a tourist visa with the intent of immigration and marriage. This constitutes visa fraud. The K-1 visa should be filed (using an I-129f) to avoid a denial at customs and deportation.

If you are already married, your spouse can not come to the US on a tourist visa with the intent of immigration and marriage. This constitutes visa fraud. An I-130 for the CR-1 visa should be filed with the relative outside of the U.S. to avoid a denial at customs and deportation.

You could also include links to the appropriate guide in each section. As it stands, once the spouse is in the US they have been judged to not have immigrant intent, so they are fine to file AOS. In fact, once a person comes on here and we have established their spouse is in the US, we should not ever even ask about intent.

Do you guys think we should include a paragraph about possible consequences of lying to a border guard or USCIS official? Or is that overkill?

[Boiler 45,486]

Do you guys think we should include a paragraph about possible consequences of lying to a border guard or USCIS official? Or is that overkill?

That should apply to everybody, not specific to this situation .

Adjusting does is not specific to visitor entrants, applies to all non immigrant entrants that are allowed to adjust.

[Teddy B 17,252]

I'll make more of a point of pointing out "back seat modding" and false accusations, and ask other mods to do the same, you are absolutely right that such is against the TOS, though wording and context are crucial here- often, an opening post has little information, in which case, pointing out what is planned MAY be visa fraud may be legit.

My other concern is that, as you point out, we get many new members here who have little to no knowledge of the immigration process. If those who have not entered the USA yet see the AOSing threads, and we do not allow any mention of grey areas/ potential intent issues, they may get the wrong impression, and try to enter the USA and at the border say they intend to stay or some such.

I don't think anyone has a problem with pointing out the "grey areas" or "intent issues" to posters looking for info on this process, I know I don't. The purpose of this thread is to help curtail the false accusations of fraud, the judging of the morals of the posters using this process and the snide comments that come along with it. All of which are against VJ TOS and also tend to scare posters away as well as derail these threads from the original topic.

Penguin, thank you for listening and agreeing to make some changes, your cooperation as well as the cooperation of the other mods is appreciated.

[Teddy B 17,252]

Sorry, Penguin, I was away for the weekend. I would say "AOS From K-Visas" so it includes K-2 and whatnot, also. I think I have that right - K-2 also requires AOS, right? And the forum in question could be something like "AOS From Non-K Visas/ESTA/VWP" or the same as it is now, but including ESTA/VWP in it. The important thing is to get the word "family" out of there because that really confuses people.

Regarding the rewording, this part is not true.

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.

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.

To make it accurate and informative, it should be more along the lines of:

Your fiance/fiancee can not come to the US on a tourist visa with the intent of immigration and marriage. This constitutes visa fraud. The K-1 visa should be filed (using an I-129f) to avoid a denial at customs and deportation.

If you are already married, your spouse can not come to the US on a tourist visa with the intent of immigration and marriage. This constitutes visa fraud. An I-130 for the CR-1 visa should be filed with the relative outside of the U.S. to avoid a denial at customs and deportation.

You could also include links to the appropriate guide in each section. As it stands, once the spouse is in the US they have been judged to not have immigrant intent, so they are fine to file AOS. In fact, once a person comes on here and we have established their spouse is in the US, we should not ever even ask about intent.

Do you guys think we should include a paragraph about possible consequences of lying to a border guard or USCIS official? Or is that overkill?

This all sounds good to me Val. I agree the key to lessening the level of confusion in these AOS forums is removing the word "family" from the title.

[Penguin_ie 5,993]

I like Val's wording, let me run it by Captain Ewok and see if that is ok.

[spookyturtle 9,465]

I don't think anyone has a problem with pointing out the "grey areas" or "intent issues" to posters looking for info on this process, I know I don't. The purpose of this thread is to help curtail the false accusations of fraud, the judging of the morals of the posters using this process and the snide comments that come along with it. All of which are against VJ TOS and also tend to scare posters away as well as derail these threads from the original topic.

Penguin, thank you for listening and agreeing to make some changes, your cooperation as well as the cooperation of the other mods is appreciated.

I'm judging you by this post.

[Teddy B 17,252]

The thread below appears to be the first thread handled under these new directives and was done so perfectly. The offending posts were removed, warnings were given and the thread allowed to stay open. Thank you mods!

http://www.visajourney.com/forums/topic/542666-getting-married-on-visa-waiver-program-after-submittinf-i-129f/

[Teddy B 17,252]

I'm judging you by this post.

I'm not sure what you are judging, my morals are non-existent.

[ValerieA 350]

Any update from The Captain?

[Penguin_ie 5,993]

Any update from The Captain?

Not yet, he has been working on the mobile version of the site as his priority.

But I believe an update of the TOS and clarified wording will be coming "soon".

[ValerieA 350]

Thanks! Happy Easter!