Qs: Marriage before AOS and ROC?

[michel007 5]

Hi;

I have a question regarding family-based AOS and the related ROS in case of being married outside the US.

We moved together in 2014 and in 2015 we got married in my home country then we had our first child. Beginning 2016 we decided to move to the US and we filed for the AOS; My question is the following:

Will the ROC take into consideration the date of our marriage (= shorter than 2 years) or the date we filed for AOS?

Edited May 27, 2016 by michel007

[KayDeeCee 4,893]

So you just decided to move to the US and stay without filing for a spousal visa first?

Anyway, if married less than 2 years when your green card is approved, then it will be a conditional card, and you will need to file for ROC within 90 days of it expiring.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[michel007 5]

What is the benefit of spousal visa if we can file for AOS directly?

[JessDak 27]

The spousal visa gives you permission to enter the country legally with the intent to migrate, AOS gives you permission to stay in the country. Technically you will be committing 'fraud' if you used a B1 (tourist visa) to enter he country since that visa is for entries without intent to migrate.

[Penguin_ie 5,993]

Using the visa waiver program or a tourist visa to enter the USA with the intention of staying is visa fraud.

But to your question- you need to fulfill two conditions to file ROC, both have a greencard for 2 years and be married to the USC for that time.

Edited May 28, 2016 by Penguin_ie

[EM_Vandaveer 2,408]

Using the visa waiver program or a tourist visa to enter the USA with the intention of staying is visa fraud.

But to your question- you need to fulfill two conditions to file ROC, both have a greencard for 2 years and be married to the USC for that time.

Divorce waiver is available for ROC.

[Penguin_ie 5,993]

Divorce waiver is available for ROC.

Absolutely, but that is not the question the Op asked.

[KayDeeCee 4,893]

What is the benefit of spousal visa if we can file for AOS directly?

The benefit would be not intending to immigrate using a tourist visa or the VWP. What would be the point of the spousal visa if it was just ok for people to plan immigrant intent, and get a tourist visa(or use VWP) to do so?

Were you asked the purpose of your trip to the US when you entered? What was your answer? Had you told them you were planning to enter as a visitor, stay and filed for AOS, think the CBP would have allowed you entry?

[EM_Vandaveer 2,408]

The benefit would be not intending to immigrate using a tourist visa or the VWP. What would be the point of the spousal visa if it was just ok for people to plan immigrant intent, and get a tourist visa(or use VWP) to do so?

Were you asked the purpose of your trip to the US when you entered? What was your answer? Had you told them you were planning to enter as a visitor, stay and filed for AOS, think the CBP would have allowed you entry?

True. Nevertheless, that is water under the bridge. Having entered with inspection, OP could file for AOS.

[KayDeeCee 4,893]

True. Nevertheless, that is water under the bridge. Having entered with inspection, OP could file for AOS.

Yes, but they acted like it was perfectly legal and ok to enter as a visitor with the intent to stay and AOS.

Perhaps they did not lie when they entered, or if they did, it will never be brought up at their interview. It happens Can only shake head, shrug and move on.

[JessDak 27]

You should be cautious if you have already entered the country without the spousal visa. If USBP asked you of your intent when you entered the country and you gave them reason to believe that you would be returning home, then that can become an issue later on. You may be asked during your AOS interview why you lied to boarder patrol (Since they most likely would not have let you into the country if they knew you were planning to file AOS).

However if it just didn't come up when going through customs then you should be alright (I know most of the time I visited on a tourist visa, the officer didn't ask me my intent, they mostly just stamped my passport, told me safe flight and let me through). The biggest issue is if feel that you lied to get into the country that can be very difficult to come back from later on.

I wouldn't fret too much since it seems to happen a lot where people just don't know all steps of the process and end up missing one by accident, just like you weren't aware that the spousal visa was mandatory, many people don't even know that the fiancee visa exists (I didn't until I started researching the AOS process....we were just going to get married until I realized that that was technically 'fraud' since I entered as a tourist)

Just be cautious and tell the whole truth when you go in to your AOS interview. Although your relationship is real, if they have any reason to believe that you were intending to commit fraud, they might not go easy on you.

Good luck!