concerns about aos on visa waiver program

[Lemonslice 4,841]

Read on: Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980), Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981)) Matter of Battista, 19 I&N Dec. 484 (BIA 1987)

[Coco8 1,042]

If you going to do AOS, make sure you have all the paperwork you need before you get married (like your birth certificate, probably your parents have a copy and scan/email). There is a ton of paperwork involved. You do not want to get married and have to leave because you cannot do AOS. If that happens, a visa for a spouse takes a year and, even might be allowed back with ESTA, it is still a gamble given your past interaction.

Edited June 14, 2017 by Coco8

[caliliving 606]

Omg people need to relax

 

He is fine! The same thing happened to me..got interrogated for 2hrs and they let me through with a 2 week vvisa I overstayed and got married and applied for aos..yiu entered LEGALLY nothing they can do...u can even take ur time applying u r f inr I waited a year to send out my paperwork. 

 

Their is no law to deport u and at the interview ALL they care about is that your relationships legit!!!! The overstay and week visa weren't even brought up

[caliliving 606]

People AOS from visitor visas every day! They can't question because intent is given at the border. The IO can not deny u bc u overstayed...doeant matter if u got a 1 day visa or a 5 yr visa if u entered LEGALLY u 100% can aos...abe they only care ur in a real marriage so enjoy... u have 0 reason to get denied based on coming in on a tourist visa. Also ur from a lownfraud country so the interview will be a breeze!

[geowrian 22,337]

1 minute ago, caliliving said:

People AOS from visitor visas every day! They can't question because intent is given at the border. The IO can not deny u bc u overstayed...doeant matter if u got a 1 day visa or a 5 yr visa if u entered LEGALLY u 100% can aos...abe they only care ur in a real marriage so enjoy... u have 0 reason to get denied based on coming in on a tourist visa. Also ur from a lownfraud country so the interview will be a breeze!

Just to clarify for others reading the thread...

 

Intent is determined at POE and the overstay being ignored for AOS only applies for certain cases. Being married to a USC is one of them.

[Mollie09 1,543]

11 hours ago, Lemonslice said:

Read on: Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980), Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981)) Matter of Battista, 19 I&N Dec. 484 (BIA 1987)

 

The only necessary post in this thread.

 

OP, any petition can get denied, but it won't be for intent. Good luck with your immigration journey.

[beduina 5]

hi!

I came in US with a B2 tourist visa on 9th April 2016.

after 2 month I applied for Aos and my priority date was 3rd June 2016.

I had green card interview yesterday and was approved on the spot. no issue.

all the process has been easy and smooth.

 

[Boiler 45,493]

1 minute ago, beduina said:

hi!

I came in US with a B2 tourist visa on 9th April 2016.

after 2 month I applied for Aos and my priority date was 3rd June 2016.

I had green card interview yesterday and was approved on the spot. no issue.

all the process has been easy and smooth.

 

You must have been very relied after the apparent risk you were running.

[Umka36 781]

10 hours ago, caliliving said:

Omg people need to relax

 

He is fine! The same thing happened to me..got interrogated for 2hrs and they let me through with a 2 week vvisa I overstayed and got married and applied for aos..yiu entered LEGALLY nothing they can do...u can even take ur time applying u r f inr I waited a year to send out my paperwork. 

 

Their is no law to deport u and at the interview ALL they care about is that your relationships legit!!!! The overstay and week visa weren't even brought up

I wouldn't recommending taking your time to file the AOS in this environment. I personally think it is stupid to not file the AOS when one has the legal option to do so. One's window to file for AOS could potentially be closed, for instance getting divorce before filing.

[Jordan8768 107]

12 hours ago, caliliving said:

Omg people need to relax

 

He is fine! The same thing happened to me..got interrogated for 2hrs and they let me through with a 2 week vvisa I overstayed and got married and applied for aos..yiu entered LEGALLY nothing they can do...u can even take ur time applying u r f inr I waited a year to send out my paperwork. 

 

Their is no law to deport u and at the interview ALL they care about is that your relationships legit!!!! The overstay and week visa weren't even brought up

If you're out of status you can be deported at any time and have zero rights on the VWP so it would be in the OPs best interest to file early especially for piece of mind. There's no saying he would definitely get deported but there's a chance if he doesn't file before he's out of status

[David & Diana R 1,005]

16 hours ago, Boiler said:

Notes on entry can not be a reason to refuse AoS.

Yeah?  And do you have personal knowledge of what was asked and what the OP's responses were to the immigration officials?  Is it possible that he/she was asked point blank if the op was going to get married and stay and AOS on this visit?  Is it possible that the OP lied and said that would never happen?  Is it also possible that the answers to these questions were entered into the system?    If someone lies to gain entry to the country and then does exactly what he or she promised not to do...could that be grounds for denial?  Is it possible that a ban could even be imposed?  I ask you this because you appear to know everything there is to know about everything even with having the entire story before you.  I would think you would know that  we rarely get the whole story when it is coming from one side only. I have simply stated what I would do under the circumstances...as I has said over and over again.  I always err on the side of caution.    

[Mollie09 1,543]

3 minutes ago, David & Zoila said:

Yeah?  And do you have personal knowledge of what was asked and what the OP's responses were to the immigration officials?  Is it possible that he/she was asked point blank if the op was going to get married and stay and AOS on this visit?  Is it possible that the OP lied and said that would never happen?  Is it also possible that the answers to these questions were entered into the system?    If someone lies to gain entry to the country and then does exactly what he or she promised not to do...could that be grounds for denial? No. Is it possible that a ban could even be imposed? No.  I ask you this because you appear to know everything there is to know about everything even with having the entire story before you.  I would think you would know that  we rarely get the whole story when it is coming from one side only. I have simply stated what I would do under the circumstances...as I has said over and over again.  I always err on the side of caution.    

Matter of Cavazos. Matter of Ibrahim. Matter of Battista. Period.

Edited June 14, 2017 by Mollie09

[Pennycat 880]

Personally, I wouldn't do it, and I'll get to why in a bit. But to answer your general question and to agree with most other folks on here--you're very likely to be ok for AOS.

 

The reason that I wouldn't, though, as I recently learned while going through a security clearance process for a job, the rules about intent that USCIS has to follow do *not* have to be followed by the folks who give out clearances and they don't like any "irregular" immigration path. Whereas USCIS cannot ask you or make judgement calls about your intent at the border, these folks can and do. Now, this is specific to me and this type of job, so if you don't think that either of you will ever want a government job that needs a clearance, you can move right along. 

 

Also, just logistically, are you prepared to be stuck in the US for the next 3 to 6 months? Because you won't be able to go anywhere until you get Advance Parole and many people find it logistically impossible to not go home after a vacation.

[geowrian 22,337]

6 minutes ago, David & Zoila said:

Yeah?  And do you have personal knowledge of what was asked and what the OP's responses were to the immigration officials?  Is it possible that he/she was asked point blank if the op was going to get married and stay and AOS on this visit?  Is it possible that the OP lied and said that would never happen?  Is it also possible that the answers to these questions were entered into the system?    If someone lies to gain entry to the country and then does exactly what he or she promised not to do...could that be grounds for denial?  Is it possible that a ban could even be imposed?  I ask you this because you appear to know everything there is to know about everything even with having the entire story before you.  I would think you would know that  we rarely get the whole story when it is coming from one side only. I have simply stated what I would do under the circumstances...as I has said over and over again.  I always err on the side of caution.    

A CBP officer cannot enter into a binding contract/promise with somebody seeking entry. They must assess the situation and make a determination prior to entry. That doesn't mean you can lie about facts CBP to gain entry, but saying or promising not to do x is not binding. Saying you won't file for AOS isn't a barrier to actually doing so - intent can change after admission and CBP must asses the intent prior to admission. USCIS cannot assume intent afterwards per the cited court rulings.

[beduina 5]

the key is not having intention to immigrate at POE.

that's it.

easy