AOS FROM TOURIST VISA QUESTION

[bakersolay 0]

hello, if me and my fiance were to marry while she is here on a tourist visa, where would the interview/medical exam be would it be in

the petitioners home country or here in the U.S. instead. and if we were to marry and apply for AOS would she be allowed to stay?

[Transborderwife 4,666]

Is your fiancé here now?

[arken 4,197]

Yes, if she would be doing her medical in US. Once you apply for i130/AOS along with the medical, she will be allowed to stay with you in US. AOS interview (if needed) will be done in US.

[bakersolay 0]

yes we applied for k1 visa but she is here now, we were thinking of just getting married since she is already here,,

wasnt our initial plan. is there any part of the AOS process that would require her to return to her country?

[MacUK 983]

yes we applied for k1 visa but she is here now, we were thinking of just getting married since she is already here,,

wasnt our initial plan. is there any part of the AOS process that would require her to return to her country?

No, in fact she CAN'T return to her own country until the AOS is finalised.

[dmck 80]

If the USCIS feels you came to the US on a tourist visa knowing you were going to marry while in process of waiting for a k1, that is visa fraud and it will cause you many troubles.

Edited September 11, 2015 by dmck

[bakersolay 0]

why would anyone have a intent to marry while waiting on a k1 visa,, our intent to marry was

on the k1 visa, but we decided differetly so there was no intent to marry here obviously or we wouldnt of

botherd with a k1 in the first place

[aaron2020 11,651]

If the USCIS feels you came to the US on a tourist visa knowing you were going to marry while in process of waiting for a k1, that is visa fraud and it will cause you many troubles.

You are wrong. She is already in the US. Immigrant intent does not matter. Even if she had the intent to immigrate, USCIS can not deny her AOS based on preconceived intent since she is an Immediate Relative of a USC. Please read Matter of Battista and Matter of Cavazos.

If she was outside the US, then she would have a problem at the POE with the intent to immigrate. Once she is admitted into the US, immigrant intent is no longer an issue for someone who AOS as an IR of a USC.

Edited September 11, 2015 by aaron2020

[abhatia1985 2]

I m adjusting from B1/b2 too. according to my lawyer, i should fine adjusting my status.

[aaron2020 11,651]

I m adjusting from B1/b2 too. according to my lawyer, i should fine adjusting my status.

You are fine.

It's true that it is immigration fraud to enter the US on a non-immigrant visa with the intent to immigrate. However, immigrant intent is irrelevant when an Immediate Relative of a US citizen seeks to adjust status.

Once pass the POE, case law (Matter of Battista and Matter of Cavaozos) states that USCIS can not deny the AOS of an IR of a USC for immigrant intent. This means that even if the person entered with the intent to immigrate, USCIS can not base a denial on that.

Laws are made up by many people. Sometimes there are inconsistencies. For some people, immigrant intent matters at the POE but not after that.

[HFM181818 750]

and people continue to wonder why so many girlfriends and boyfriends from other countries have difficulties getting tourist visas...thanks to these 'sudden' mind changes..do you really think that an experienced consular officer will be generous when they see so many mind changes in the country in which they are working? (they do receive notification from USCIS when somebody has the mind change that results in an AOS request)...

refusals don't take place because some consular officer is having a bad day...it's because of the constant reminder that mind changes seem to take place so frequently at baggage claim...

[chaoticlogic 27]

It seems like a lot of people use Matter of Battista and Matter of Cavaozos to get around having to file for a K1 or Spousal visa... I know lots of people truly do not intend to get married and stay, but many do and would never admit it.

Bottom line, the forums are somewhat split on this matter. People will argue for or against AOS on a tourist visa / VWP, but you just have to make your own decision. If you really had no intent to stay, then it's perfectly legal.

Edited September 12, 2015 by chaoticlogic

[MacUK 983]

It seems like a lot of people use Matter of Battista and Matter of Cavaozos to get around having to file for a K1 or Spousal visa... I know lots of people truly do not intend to get married and stay, but many do and would never admit it.

Bottom line, the forums are somewhat split on this matter. People will argue for or against AOS on a tourist visa / VWP, but you just have to make your own decision. If you really had no intent to stay, then it's perfectly legal.

One of the reasons I don't envy the task the moderators of this site have.

Site rules don't allow anyone to help people commit visa fraud, but on the other hand the immigration laws allow people to commit fraud. Bit of a crazy situation.

Anyone coming to this site can see dozens of posts that tell you that you can get a greencard after entering on a tourist visa/VWP. Someone sat in their home country who doesn't feel like waiting months for a K1 or CR1 could be encouraged by these posts in to the idea that as long as they get past POE then they'll be fine.

So, perfectly legal posts advising people of their legal right to adjust status could inadvertently be encouraging unscrupulous people to commit fraud.

Where do the moderators draw the line between advising on immigration fraud and advising genuine AOS cases?

An almost impossible situation in my opinion.

Edited September 12, 2015 by MacUK

[bakersolay 0]

well in fact we do have a k1 visa in process,, but since shes here now,, we were thinking of just canceling it, and marrying and applying for aos since neither of us want her to leave, and the country the embassy is in is very dangerous and she would be alone

[aaron2020 11,651]

well in fact we do have a k1 visa in process,, but since shes here now,, we were thinking of just canceling it, and marrying and applying for aos since neither of us want her to leave, and the country the embassy is in is very dangerous and she would be alone

The law is on your side. You do not need to justify why you want to adjust to anyone, including the folks here.