Entered as Tourist (Already married to US Spouse), Now Filing for AOS

[mckirdy89 1]

Hi All,

 

I am about to begin the process of applying for my Green card. I have been married to my wife for nearly 4 years, she is a US citizen but for the duration of our marriage we have lived outside of the US.

 

In August of this year she gained employment in the US. Initially we thought the contract was only for a few months, but it has since been extended. I planned on visiting as a tourist for as long as my ESTA would allow before returning back to the UK (I am a British citizen). After arriving and spending a short amount of time here we have decided it would be much better if I stay and are therefore beginning the process of obtaining my green card, through AOS and forms I-485 and I-130.

 

My question is this: Will USCIS take issue with the fact that I entered as a tourist and have since changed my mind? I am worried that they will think that I entered until false intentions, especially given that my class of admission on my i-94 is WT.

 

Would really appreciate hearing from anyone who has been in or has knowledge of my situation, as most of the searches I have carried out on here show results where the alien arrived as a tourist and THEN got married here in the US.

 

Thanks in advance for clearing this up for me

[Boiler 46,322]

Intent is determined by the PoE, a non issue for adjustment.

[Wuozopo 4,293]

I've read a lot of posts from people that have successfully adjusted status from a tourist entry and they say the entry intent was not even brought up at the interview. It's about if you qualify for a greencard because you are the spouse of a USC. That's exactly what a person is who married after a tourist arrival. You are all spouses of US citizens when your application for AOS is reviewed. 

[martin bk 19]

20 hours ago, mckirdy89 said:

Hi All,

 

I am about to begin the process of applying for my Green card. I have been married to my wife for nearly 4 years, she is a US citizen but for the duration of our marriage we have lived outside of the US.

 

In August of this year she gained employment in the US. Initially we thought the contract was only for a few months, but it has since been extended. I planned on visiting as a tourist for as long as my ESTA would allow before returning back to the UK (I am a British citizen). After arriving and spending a short amount of time here we have decided it would be much better if I stay and are therefore beginning the process of obtaining my green card, through AOS and forms I-485 and I-130.

 

My question is this: Will USCIS take issue with the fact that I entered as a tourist and have since changed my mind? I am worried that they will think that I entered until false intentions, especially given that my class of admission on my i-94 is WT.

 

Would really appreciate hearing from anyone who has been in or has knowledge of my situation, as most of the searches I have carried out on here show results where the alien arrived as a tourist and THEN got married here in the US.

 

Thanks in advance for clearing this up for me

Very similar situation to me, married to a USC and came over for holiday from the uk while waiting for my CR1 visa (260 days and counting for the NOA2) 

my husband is trying to

convince me to AOS while here. - he already convinced me to stay longer than originally planned, but still within the 90 days allowed on the VWP (ESTA)

I believe intent is determined at POE but if it goes wrong you have no appeal and the overstay will go against you and you won't be able to visit on an the ESTA (WT - visa waiver programme) on future visits. 

 

 

[BritGirl88 43]

It won't be an issue at all. That's exactly why that option exists, for situations such as this one. For people that enter, have a change of mind or situation, decide to stay and have the grounds to do so legally. 

 

I also adjusted from VWP/ESTA and not one thing was mentioned about intent to stay upon entering and I received my GC in less than 6 months after filing for AOS. All they are concerned about is that you have a legitimate marriage, that's what the interview will be centered on. Not why you entered the US or that you changed your mind.

 

Also, as you've been married for more than 2 years, you would receive a 10 year unconditional GC upon approval. 

[mckirdy89 1]

5 hours ago, BritGirl88 said:

It won't be an issue at all. That's exactly why that option exists, for situations such as this one. For people that enter, have a change of mind or situation, decide to stay and have the grounds to do so legally. 

 

I also adjusted from VWP/ESTA and not one thing was mentioned about intent to stay upon entering and I received my GC in less than 6 months after filing for AOS. All they are concerned about is that you have a legitimate marriage, that's what the interview will be centered on. Not why you entered the US or that you changed your mind.

 

Also, as you've been married for more than 2 years, you would receive a 10 year unconditional GC upon approval. 

Thanks for your help and reassurance.

 

Just out of interest, did you go through the process with the assistance of a lawyer or did you sort everything out yourself?

 

I'm receiving mixed advice from people but I feel like my case is pretty straightforward and that in this instance a lawyer might me an unnecessary expense?

 

Thanks again

[BritGirl88 43]

On 9/15/2017 at 5:06 PM, mckirdy89 said:

Just out of interest, did you go through the process with the assistance of a lawyer or did you sort everything out yourself?

We went through the process with the assistance of a Lawyer. Now with hindsight, I realize that we really didn't need one at all. All she really did was fill the forms out for us and send them off. We were both clueless about immigration processes and what our options were so hired a lawyer for guidance and to make sure that we were doing everything correctly, but it's a really straighforward process and now looking back we didn't really need one. From what you've stated about your situation, it doesn't seem like you need one either. Save that money and just fill out the forms very carefully and make sure you include all the necessary documents. This site has a very detailed step by step. You'll be fine.

[Leeannejayson 8]

Curious to your case... how do you aos when you already started cr-1. Do you have to wait for your noa2 approval first?? Have you informed uscis about your change?? 

On 9/12/2017 at 10:29 PM, martin bk said:

Very similar situation to me, married to a USC and came over for holiday from the uk while waiting for my CR1 visa (260 days and counting for the NOA2) 

my husband is trying to

convince me to AOS while here. - he already convinced me to stay longer than originally planned, but still within the 90 days allowed on the VWP (ESTA)

I believe intent is determined at POE but if it goes wrong you have no appeal and the overstay will go against you and you won't be able to visit on an the ESTA (WT - visa waiver programme) on future visits. 

 

Curious to your case... how do you aos when you already started cr-1. Do you have to wait for your noa2 approval first?? Have you informed uscis about your change?? 

 

[martin bk 19]

9 hours ago, Leeannejayson said:

Curious to your case... how do you aos when you already started cr-1. Do you have to wait for your noa2 approval first?? Have you informed uscis about your change?? 

 

We finally agreed to try it. So I will let you know what happens, we basically sent the AOS paperwork,  On the I-485 it asks for a current petition/case that is already pending. 

 

In the instructions is said we could include the NOA2 for our I-130 or send with it pending. 

 

To be honest I have no idea how we are supposed to do it. I guess the new petition is our way of telling USCIS that we are changing. 

[Leeannejayson 8]

20 minutes ago, martin bk said:

We finally agreed to try it. So I will let you know what happens, we basically sent the AOS paperwork,  On the I-485 it asks for a current petition/case that is already pending. 

 

In the instructions is said we could include the NOA2 for our I-130 or send with it pending. 

 

To be honest I have no idea how we are supposed to do it. I guess the new petition is our way of telling USCIS that we are changing. 

Woweeeeeee that's exciting... but also nerve wracking with people going on about the new apparent aos rule.... wishing you well and I'm glad you have no more separation 😍 x Yes let me know how you get on... 

[martin bk 19]

On 20/09/2017 at 7:57 AM, Leeannejayson said:

Woweeeeeee that's exciting... but also nerve wracking with people going on about the new apparent aos rule.... wishing you well and I'm glad you have no more separation 😍 x Yes let me know how you get on... 

So we sent off the paperwork for AOS last Wednesday and today uscis cashed the check and texted me two receipt notices EAD and AOS, so now I’m waiting for the official NOA1 to come in the post. 

Youre right it’s exciting and nerve wracking. 

I was so worried I would go into overstay without having an AOS application being processed. 

[Leeannejayson 8]

Does it mean you have to start from the beginning ? We just got noa2 literally last night 😁 How many days were you there before you sent the paperwork.?  

[martin bk 19]

2 hours ago, Leeannejayson said:

Does it mean you have to start from the beginning ? We just got noa2 literally last night 😁 How many days were you there before you sent the paperwork.?  

Congrats on the NOA2. 

As far as I know it sets us back to the beginning, it was something we talked about, but 9 months in and still nothing on the CR1 even if it was approved it’s still at least a further 5 months - NVC can take upto 11 weeks plus sending it to the embassy doing the medical. Etc. So we figured it was a mute point. We still have to wait but we get to wait together. 

 my I-94 runs out tomorrow so I guess I was here 83 days before submitting the paperwork. 

 

Edited September 26, 2017 by martin bk
Adding info.