Change CR1 to AOS.... Need help... plz

[Amanda123 0]

Hello, I'm new here and I really need some help.

I came to US to visit my husband while on the CR1 process and I already have the form i130 aproved and sent to NVC.

But while on here, me and my husband decided to change plan because of a personal reason that I don't want to discuss in here and we want to apply for AOS.

I'm very nervous because I don't know if it is possible and if I can do that.

I really need some advice please. if someone is in the same situation , can you help me please?

[carlinhoswave 30]

28 minutes ago, Amanda123 said:

Hello, I'm new here and I really need some help.

I came to US to visit my husband while on the CR1 process and I already have the form i130 aproved and sent to NVC.

But while on here, me and my husband decided to change plan because of a personal reason that I don't want to discuss in here and we want to apply for AOS.

I'm very nervous because I don't know if it is possible and if I can do that.

I really need some advice please. if someone is in the same situation , can you help me please?

Hey Amanda,

 

I really understand that. I think there is no problem if you to apply for AOS. But I have to remind you one thing...don't forget you passed on the entry saying one thing to the immigration officer and suddenly you apply for AOS. It can display fraud in my opinion. So it needs to be really calculated. I hope it helps you! Let more people respond here so you can have a solid answer. 

[Amanda123 0]

2 minutes ago, carlinhoswave said:

Hey Amanda,

 

I really understand that. I think there is no problem if you to apply for AOS. But I have to remind you one thing...don't forget you passed on the entry saying one thing to the immigration officer and suddenly you apply for AOS. It can display fraud in my opinion. So it needs to be really calculated. I hope it helps you! Let more people respond here so you can have a solid answer. 

I understand and thank you for the advice but I know that fraud is coming to US in a non immigrant visa with the intention to immigrate and that it is not the case because our plans change after I arrive in here.

[MelandJason 60]

32 minutes ago, Amanda123 said:

Hello, I'm new here and I really need some help.

I came to US to visit my husband while on the CR1 process and I already have the form i130 aproved and sent to NVC.

But while on here, me and my husband decided to change plan because of a personal reason that I don't want to discuss in here and we want to apply for AOS.

I'm very nervous because I don't know if it is possible and if I can do that.

I really need some advice please. if someone is in the same situation , can you help me please?

I recommend talking to a lawyer and know what kind of problems you can have, because as I read visa fraud is very delicate thing, how long do they already have the process? maybe the interview will arrive soon in your consulate... In this moments I think the best is not complicate the process

 

Have a great day 

[azblk 338]

4 minutes ago, carlinhoswave said:

Hey Amanda,

 

I really understand that. I think there is no problem if you to apply for AOS. But I have to remind you one thing...don't forget you passed on the entry saying one thing to the immigration officer and suddenly you apply for AOS. It can display fraud in my opinion. So it needs to be really calculated. I hope it helps you! Let more people respond here so you can have a solid answer. 

INCORRECT. People are allowed to change their minds and she regardless of what she said at POE she can adjust her status.

[azblk 338]

37 minutes ago, Amanda123 said:

Hello, I'm new here and I really need some help.

I came to US to visit my husband while on the CR1 process and I already have the form i130 aproved and sent to NVC.

But while on here, me and my husband decided to change plan because of a personal reason that I don't want to discuss in here and we want to apply for AOS.

I'm very nervous because I don't know if it is possible and if I can do that.

I really need some advice please. if someone is in the same situation , can you help me please?

You are within your rights to change your mind for whatever reason and decide to pursue AOS now that you are in the country.

[A320driver 0]

On 2/22/2018 at 9:37 AM, azblk said:

You are within your rights to change your mind for whatever reason and decide to pursue AOS now that you are in the country.

 

My spouse was going through the IR-1/CR-1 process and came to the US on a tourist. The plan was for my spouse to fly out to  the consulate and do the interview when the visa became available but because my kids couldnt cope with being away from either of us we decided to do AOS. We had our green card interview and the officer didn’t even ask about it. Here’s what my lawyer told us “nobody can read mind so to prove someone intention of coming to the us on a tourist visa to do an AOS is hard unless tbere are substential evidence such as you willingly admit or post something stupid online about it”. 

[azblk 338]

11 minutes ago, A320driver said:

 

My spouse was going through the IR-1/CR-1 process and came to the US on a tourist. The plan was for my spouse to fly out to  the consulate and do the interview when the visa became available but because my kids couldnt cope with being away from either of us we decided to do AOS. We had our green card interview and the officer didn’t even ask about it. Here’s what my lawyer told us “nobody can read mind so to prove someone intention of coming to the us on a tourist visa to do an AOS is hard unless tbere are substential evidence such as you willingly admit or post something stupid online about it”. 

Your lawyer is partially correct. The reality is judicial precedent and USCIS policy say that intent is determined at the POE (border/port/airport). What this means in practical terms is once you are in the US you can AOS regardless of whether you  intended to or not before coming in as long as you are an immediate relative of USC. So even if there is documentary proof or an admission, you can not be denied based on that.

Edited February 24, 2018 by azblk

[Amanda123 0]

On 2/24/2018 at 12:06 PM, A320driver said:

 

My spouse was going through the IR-1/CR-1 process and came to the US on a tourist. The plan was for my spouse to fly out to  the consulate and do the interview when the visa became available but because my kids couldnt cope with being away from either of us we decided to do AOS. We had our green card interview and the officer didn’t even ask about it. Here’s what my lawyer told us “nobody can read mind so to prove someone intention of coming to the us on a tourist visa to do an AOS is hard unless tbere are substential evidence such as you willingly admit or post something stupid online about it”. 

Thank you soooo much for your comment. It is very helpful to hear from someone that had the same situation.