Adjustment of status

[LH16 0]

My husband who is a us citerzen filed a petition on my behalf in January it was the I-130. We are still awaiting a response and are aware there is a backlog of applications at the Nebraska visa centre . We have done alot of research in regards to the adjustment of status and after speaking to someone at the USCIS . We have spoke to them in regards to me waiting out the rest of the visa process in the USA by then submitting the I-145 which is AOS . They have told us we are legally in our rights to do this.  I understand there is this issue of visiting with out the intention of staying and being able to prove this . I am visiting in October I will have a return flight and a job still in my one town . However, if I can legally change my status and stay the rest or the time out with my husband. I will intend to stay. Can anyone give me any advice or information on this process and if anyone has done it before where I stand In regards to AOS. Etc etc 

 

 

thank you 

[Crazy Cat 42,233]

If I am reading your post correctly, you intend to enter the US with the intention of adjusting status.......that sounds like 100% fraud......  many of us have had to endure being away from our spouses until the legal process was complete.  

 

You will not find help here if you intend to commit fraud.

Edited August 8, 2017 by missileman

[GreatDane 366]

There is no way for you to enter the US with the intent to immigrate. You have a pending 1-130 and you should wait for it to be processed until you immigrate. AOS is not for this purpose.

[-Trinity- 513]

Entering the US with intent to stay and adjust is considered fraud and will harm your case. I'm not familiar with the ins and outs of a CR-1 but believe that's the legal option you have.

 

 

Edited August 8, 2017 by Beachlover

[Crazy Cat 42,233]

CR-1 takes 12 months or so from start to finish..........you are allowed to visit during that time (if granted entry), but you can not remain....

[LH16 0]

I am not at all intending to commit fraud. I understand what the AOS stands for and that entering the United States with an intention to stay is fraud . I have spend time away from my husband as much as any other person I have been his wife a year and have known him 11 so to state your claim of me committing fraud shows clearly you didn't read my post  . If you actually read the paper work and information regarding AOS and applying for permanent residency . There are two routes depending On whether you are inside the United States or not which, is AOS inside USA or consular processing outside USA . after speaking to the Uscis myself they did confirm to myself and my husband that we are in our legal right to Adjust our status if inside the USA . And if you read the law and guidelines it states that there are possibilities for those who have not had their I-130 approved yet you can in some circumstances apply for AOS and change it from consular processing this is called concurrent filing . 

 

So rather then accusing me of fraud why not either read more around the laws or actually read my post where I state clearly this is not my intention ....... 

[LH16 0]

9 minutes ago, GreatDane said:

There is no way for you to enter the US with the intent to immigrate. You have a pending 1-130 and you should wait for it to be processed until you immigrate. AOS is not for this purpose.

 

14 minutes ago, missileman said:

If I am reading your post correctly, you intend to enter the US with the intention of adjusting status.......that sounds like 100% fraud......  many of us have had to endure being away from our spouses until the legal process was complete.  

 

You will not find help here if you intend to commit fraud.

I am not at all intending to commit fraud. I understand what the AOS stands for and that entering the United States with an intention to stay is fraud . I have spend time away from my husband as much as any other person I have been his wife a year and have known him 11 so to state your claim of me committing fraud shows clearly you didn't read my post  . If you actually read the paper work and information regarding AOS and applying for permanent residency . There are two routes depending On whether you are inside the United States or not which, is AOS inside USA or consular processing outside USA . after speaking to the Uscis myself they did confirm to myself and my husband that we are in our legal right to Adjust our status if inside the USA . And if you read the law and guidelines it states that there are possibilities for those who have not had their I-130 approved yet you can in some circumstances apply for AOS and change it from consular processing this is called concurrent filing . 

 

So rather then accusing me of fraud why not either read more around the laws or actually read my post where I state clearly this is not my intention ....... 

[Crazy Cat 42,233]

6 minutes ago, LouiseHarris2016 said:

 

I am not at all intending to commit fraud. I understand what the AOS stands for and that entering the United States with an intention to stay is fraud . I have spend time away from my husband as much as any other person I have been his wife a year and have known him 11 so to state your claim of me committing fraud shows clearly you didn't read my post  . If you actually read the paper work and information regarding AOS and applying for permanent residency . There are two routes depending On whether you are inside the United States or not which, is AOS inside USA or consular processing outside USA . after speaking to the Uscis myself they did confirm to myself and my husband that we are in our legal right to Adjust our status if inside the USA . And if you read the law and guidelines it states that there are possibilities for those who have not had their I-130 approved yet you can in some circumstances apply for AOS and change it from consular processing this is called concurrent filing . 

 

So rather then accusing me of fraud why not either read more around the laws or actually read my post where I state clearly this is not my intention ....... 

Are you inside the US right now?  Yes or no. please...

[GreatDane 366]

6 minutes ago, LouiseHarris2016 said:

 

I am not at all intending to commit fraud. I understand what the AOS stands for and that entering the United States with an intention to stay is fraud . I have spend time away from my husband as much as any other person I have been his wife a year and have known him 11 so to state your claim of me committing fraud shows clearly you didn't read my post  . If you actually read the paper work and information regarding AOS and applying for permanent residency . There are two routes depending On whether you are inside the United States or not which, is AOS inside USA or consular processing outside USA . after speaking to the Uscis myself they did confirm to myself and my husband that we are in our legal right to Adjust our status if inside the USA . And if you read the law and guidelines it states that there are possibilities for those who have not had their I-130 approved yet you can in some circumstances apply for AOS and change it from consular processing this is called concurrent filing . 

 

So rather then accusing me of fraud why not either read more around the laws or actually read my post where I state clearly this is not my intention ....... 

Of course fraud is not your intention, but the route you are going about it is fraud by USCIS standards. You cannot enter the US with a pending I130 and adjust. If you wanted a shorter time apart, you could have filed a K1 visa before you married and then filed AOS. You cannot come on a visit and then AOS. It will be flagged as fraud and any future you two had in the US will be gone.

Do not listen to the USCIS hotline - there is so much misinformation and typically the officers give you incorrect information. This forum is much more reliable. 

[geowrian 22,338]

9 minutes ago, LouiseHarris2016 said:

I am not at all intending to commit fraud. I understand what the AOS stands for and that entering the United States with an intention to stay is fraud . I have spend time away from my husband as much as any other person I have been his wife a year and have known him 11 so to state your claim of me committing fraud shows clearly you didn't read my post  . If you actually read the paper work and information regarding AOS and applying for permanent residency . There are two routes depending On whether you are inside the United States or not which, is AOS inside USA or consular processing outside USA . after speaking to the Uscis myself they did confirm to myself and my husband that we are in our legal right to Adjust our status if inside the USA . And if you read the law and guidelines it states that there are possibilities for those who have not had their I-130 approved yet you can in some circumstances apply for AOS and change it from consular processing this is called concurrent filing . 

 

So rather then accusing me of fraud why not either read more around the laws or actually read my post where I state clearly this is not my intention .......

If you are already within the US, you can submit an I-485 fine. However, it is fraud to enter the US with the intent to do so. You're mixing up a legal option for those who entered without intent to adjust status versus those enter on a non-immigrant visa with the intent to immigrate. Yes you can switch from consular processing to AOS, but you cannot commit fraud to do so first.

[Illiria 980]

30 minutes ago, LouiseHarris2016 said:

I will intend to stay. 

This is what makes it fraud, not being in the country and then going to the country with the intention to stay.

 

THe provision to aos in country is for people who are already in the us and have a change in circumstances.

 

Of course the misinformation line said those in country can aos but they didn't say those outside the US can come to the US with the intention to stay on a tourist visa.

 

Also how long you have been married or how long you have known each other has zero influence on if this is fraud. 

 

Edited August 8, 2017 by Illiria
Clarification

[LH16 0]

I understand what you are saying and my Intention was not right there and within a week file AOS like it was some kind of idea that just popped into my head . If you read the advice provided by the Uscis they state that I. Some circumstances when an I-130 is filled then you can file for AOS before the i-130 is approved . We were going. To do see an immigration lawyer once in the United States to see where we stood In regards to our application . I know that going to the USA with an intention to commit fraud in regards to AOS when not entering legally to the USA IS FRAUD. 

 

i do bt intend to commit fraud and like I said would review all my avenues before hand and speak with an immigration lawyer as I have done in the past. I am an honest person and I have waited a very long time to get to this point and i never intended to commit fraud etc .... I am aware of the risks.

 

in the documentation I have read I. Regards to the immigration services it's States that People who enter the U.S. on the Visa Waiver Program (VWP) are in most cases prohibited from adjusting status, but this doesn’t apply to immediate relatives such as spouses of U.S. citizens.

 

there are instances this can be the case where AOS becomes a possibility . I don't take the Uscis advice as gospel hence my intention to find out more information ....

[Crazy Cat 42,233]

16 minutes ago, LouiseHarris2016 said:

I understand what you are saying and my Intention was not right there and within a week file AOS like it was some kind of idea that just popped into my head . If you read the advice provided by the Uscis they state that I. Some circumstances when an I-130 is filled then you can file for AOS before the i-130 is approved . We were going. To do see an immigration lawyer once in the United States to see where we stood In regards to our application . I know that going to the USA with an intention to commit fraud in regards to AOS when not entering legally to the USA IS FRAUD. 

 

i do bt intend to commit fraud and like I said would review all my avenues before hand and speak with an immigration lawyer as I have done in the past. I am an honest person and I have waited a very long time to get to this point and i never intended to commit fraud etc .... I am aware of the risks.

 

in the documentation I have read I. Regards to the immigration services it's States that People who enter the U.S. on the Visa Waiver Program (VWP) are in most cases prohibited from adjusting status, but this doesn’t apply to immediate relatives such as spouses of U.S. citizens.

 

there are instances this can be the case where AOS becomes a possibility . I don't take the Uscis advice as gospel hence my intention to find out more information ....

At this point, your only legal avenue to wait until the CR-1 process has finished.  I'm sorry if you don't like that answer, but it IS the answer.......

As I said  earlier, you can visit during the CR-1 process is underway (if granted entry), but you can not legally stay and adjust status.  Your intent to enter and adjust status seems clear.

Edited August 8, 2017 by missileman

[geowrian 22,338]

I think you're still missing the point. What "avenues" are you exploring with a lawyer in the US? It absolutely sounds like you plan to enter and stay, and are trying to find a way to do so. That is intent. Tell a CBP officer at POE this plan and I guarantee they will (at least) deny entry.

 

11 minutes ago, LouiseHarris2016 said:

Regards to the immigration services it's States that People who enter the U.S. on the Visa Waiver Program (VWP) are in most cases prohibited from adjusting status, but this doesn’t apply to immediate relatives such as spouses of U.S. citizens.

True. But again, you cannot enter on VWP with intent to adjust status.

 

There are instances where AOS is possible, sure. But it does not involve planning to come to the US and stay.

[LH16 0]

That is fine and I respect our advice I was just asking as a general query but clearly I've ruffelled a few feathers which wasn't my intention .... 

 

i underatand that with an i twrion to stay it is fraud so can younlemase tell me in what circumstance would this not be considered fraud . What if I went to visit my husband and after a month or so something changed and I then filled AOS would that not be considered Fraud .... ???

 

how can something not be considered fraud if you have to be in that country to begin with to file AOS . So at what point does that stop becoming so wow a intent to stay ???? I am not saying I can not wait in my country to complete consular processing it was a general inquiry if this was a possibility to be done legally ....,