Unusual K3/IR-1 Application Question

[Eric & Idalia 56]

Here some people who have more experience than me have commented already.

I just wanted to say that what they say makes sense. You can not adjust status if you crossed the border with a document (VWP, tourist visa, etc.) meant for a visit having the intention of migrating.

[Cathi 5,795]

OP your logic is skewed. You cannot use the VWP to visit your own address inside the US. Not sure what you are not understanding. It doesn't matter what you want to do or what you are asking.

[aaron2020 11,651]

Here some people who have more experience than me have commented already.

I just wanted to say that what they say makes sense. You can not adjust status if you crossed the border with a document (VWP, tourist visa, etc.) meant for a visit having the intention of migrating.

Spouses of US citizens successfully adjust status from the VWP, tourist visa, etc. Look on this website for those cases. Then, look up Matter of Batista and Matter of Cavazos.

[Eric & Idalia 56]

Spouses of US citizens successfully adjust status from the VWP, tourist visa, etc. Look on this website for those cases. Then, look up Matter of Batista and Matter of Cavazos.

Hi aaron2020.

I guess they could apply for AOS but it is immigration fraud to cross the border with a visa having different intention. E.g. Use a tourist visa to immigrate. Because a tourist visa is to visit.

There are cases where the person used a tourist visa to visit and then got engaged and then married (while in USA), file AOS and it is granted, but that is because when he/she crossed the border his/her intentions were not immigration. That is what I have read. Also VisaJourney have said so.

There are other types of visa for immigration in the case of USC's spouses the CR1 and IR1.

If USC spouses could adjust status with a tourist visa why do the other options exist? I am not being rude. I just want to know because an ex au pair who married her boyfriend in Abq, NM told me I could adjust status in USA when I went to visit my husband last month. She crossed the border with a tourist visa while engaged thinking there was not going to be any problem because a friend of hers did that and adjusted status successfully. I told her my husband and I read that that it is immigration fraud and we had already started the CR process.

I will look it up for knowledge because it is not useful for me anymore. But can you explain to which cases you refer?

Regards.

Edited May 13, 2015 by Eric & Idalia

[aaron2020 11,651]

Matter of Batisra and Matter of Cavazos.

[NikLR 13,232]

Okay.