AOS in USA or Apply from Thailand

[Ezras Dad 0]

Question and Advice needed, sorry if this is the wrong thread.

 

My wife is Thai, I am American. We live in Thailand, have been married 5 years, 7 years have been together and we have 2 children together. She is currently a US tourist visa holder. We are considering moving to the USA but are unsure. Should we go to the USA for a few months and if we decide to stay, file for AOS, or should we make up our minds here and do all of the filing here in Thailand, knowing that it will take at least 6-12 months or however long it may end up being. 

If we went to the USA, would that thought of potentially staying in our minds be, going with the intent of staying (which you arent supposed to do when filing for an AOS?) and therefore be at risk to be denied?

 

any help appreciated.

thanks.

 

[Happyfamily03 29]

I assume your wife has been to US? You can ask her as well. But if you are not really sure maybe you can take it slow and just do everything in Thailand.

[jayjayj 571]

If you can say that she truly had no intent to immigrate then you shouldn't have a problem.  But, can you say that?  If not, it is definitely risky.

 

Here is a well written article explaining the risks with your situation -

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

Here is a VJ thread about the same subject -

 

 

Edited August 30, 2017 by jayjaym

[BritGirl88 43]

CBP cannot TELL you what your true intent is and you're allowed to change your mind. Intent is determined at Point of Entry. If your intent when you enter is to return home and CBP allows your wife to enter the country but you change your mind and she decides to stay, she is legally within her right to do so. Intent becomes a non issue once she's allowed to enter the US.

 

You could have intent to go back home when you get off the plane and go through the immigration check point and the moment you step outside the airport, change your mind and that would technically be legal and wouldn't be considered fraud.

 

Now, If for whatever reason the CBP officer has suspicions about whether your Wife intends to return home and she cannot prove she has ties back in Thailand for which she would need to return or satisfy the CBP officers concerns then she could be denied entry and sent back home. But, once you guys are allowed to enter, you can change your mind at any point after that and it's perfectly fine and legal to do so.