Apply for green card while wife is in US on tourist visa?

[motoperpetuo 3]

48 minutes ago, pushbrk said:

The additional filing fee just to apply to adjust status is $1,225 and then you'll be paying 3 to $500 or more for a new medical exam in the US.  If all your wife goes back for is an interview and perhaps a medical, there's no reason for her to be gone more than a couple weeks.  Weigh it out and make your choice.

Under $2,000 sounds like a steal to not have her go back to Honduras. Taking care of two small kids for a few weeks by myself while working would be very difficult and expensive, and the other expenses involved in having her go back would come out to far more than 2k. Then there's the very real possibility of something going wrong in her country. People dealing with first world countries have no idea of the risk involved in traveling and trying to get things done in places like Honduras. 

Thanks again, and thanks to Mollie09. I'll definitely check out the guide she linked and likely talk to a lawyer soon.

[Orangesapples 1,954]

20 minutes ago, motoperpetuo said:

Under $2,000 sounds like a steal to not have her go back to Honduras. Taking care of two small kids for a few weeks by myself while working would be very difficult and expensive, and the other expenses involved in having her go back would come out to far more than 2k. Then there's the very real possibility of something going wrong in her country. People dealing with first world countries have no idea of the risk involved in traveling and trying to get things done in places like Honduras. 

Thanks again, and thanks to Mollie09. I'll definitely check out the guide she linked and likely talk to a lawyer soon.

Keep in mind that if you file for AOS she won't be able to work for about 6 months. If she finishes the CR-1 process then she will have a green card upon arrival. Also, in some states it might be hard to get a driver's license before getting an EAD. I don't know if she plans on working or just taking care of the kids but it's one thing to keep in mind. 

 

You don't need an attorney BTW, save your money. You can easily AOS, it will just be a giant waste of money. 

[TNJ17 1,329]

Just because you say it’s not fraud and you have no intention of committing fraud doesn’t make what you want to do any less fraudulent. The truth of the matter is what you want to do IS fraud. You are very well likely to find a lawyer who will say you can do it and be successful at it because they want your money and nothing else. Your point now is if you think you can get away with committing visa fraud. However, there is no guarantee for that but it sounds like you are dead set on committing it whether you believe it’s fraud or not. You may very well succeed in it but that doesn’t make it any less fraudulent. 

[motoperpetuo 3]

14 minutes ago, Orangesapples said:

Keep in mind that if you file for AOS she won't be able to work for about 6 months. If she finishes the CR-1 process then she will have a green card upon arrival. Also, in some states it might be hard to get a driver's license before getting an EAD. I don't know if she plans on working or just taking care of the kids but it's one thing to keep in mind. 

 

You don't need an attorney BTW, save your money. You can easily AOS, it will just be a giant waste of money. 

She's a homemaker and not planning on working anytime soon, so it's not a concern for us, but good point, that might be a factor for someone following along.

Good news that it should be doable without a lawyer too. You guys are making my day. Thanks again for taking the time to read and understand what I was actually asking and being helpful.

[TNJ17 1,329]

Also it may be worth mentioning that the fact that you have a pending CR1 in progress will heavily weigh on the decision for her AOS and proving intent to commit fraud. 

[motoperpetuo 3]

1 minute ago, TNJ17 said:

Just because you say it’s not fraud and you have no intention of committing fraud doesn’t make what you want to do any less fraudulent. The truth of the matter is what you want to do IS fraud. You are very well likely to find a lawyer who will say you can do it and be successful at it because they want your money and nothing else. Your point now is if you think you can get away with committing visa fraud. However, there is no guarantee for that but it sounds like you are dead set on committing it whether you believe it’s fraud or not. You may very well succeed in it but that doesn’t make it any less fraudulent. 

 

3 minutes ago, TNJ17 said:

Also it may be worth mentioning that the fact that you have a pending CR1 in progress will heavily weigh on the decision for her AOS and proving intent to commit fraud. 

It's very frustrating that you're accusing me of intent to commit a crime when I simply came here to ask if what the Ukrainian I met suggested would be legal. I don't know. I'm not very knowledgeable about immigration law, and I would just like my family to be together. Some people have replied suggesting that it would be fine. You're saying it would make me a criminal and that any lawyer who were to tell me otherwise would also be a crook. I don't really know who to believe. Do you have a specific statute or something like that to back up what you're claiming about how the law works?

[Orangesapples 1,954]

24 minutes ago, TNJ17 said:

Also it may be worth mentioning that the fact that you have a pending CR1 in progress will heavily weigh on the decision for her AOS and proving intent to commit fraud. 

Nope. Stop with this nonsense. Please. Intent is established at the border. Once you're in, it doesn't matter at all. Also, there is case law establishing that intent cannot be considered for immediate relatives of USC. Misinformation doesn't help at all. OP is in no trouble. Actually, the fact that he has an approved I-130 means that he won't need to file it again and will save some money. 

 

OP, don't forget to include your NOA2 for the I-130 in the package. Read the guides here on AOS from non family visas and read the instructions on the USCIS website and you'll be fine. No fraud charges are possible 

Edited August 2, 2018 by Orangesapples

[TM92 527]

21 hours ago, motoperpetuo said:

so she is here on a tourist visa

One more aspect to consider:

She currently has lawful nonimmigrant status as a tourist. But as soon as she files for AOS that status will end and her tourist visa will be canceled; AOS applicants don't have legal status but do have "authorized stay" allowed by the US Attorney General.

[Orangesapples 1,954]

3 minutes ago, TM92 said:

One more aspect to consider:

She currently has lawful nonimmigrant status as a tourist. But as soon as she files for AOS that status will end and her tourist visa will be canceled; AOS applicants don't have legal status but do have "authorized stay" allowed by the US Attorney General.

So what? All of us K1s went through this

Edited August 2, 2018 by Orangesapples

[motoperpetuo 3]

3 minutes ago, Orangesapples said:

So what? All of us K1s went through this

Yes, I was confused as to how giving up a tourist visa for residency could possibly be a bad trade. Seemed like he was throwing that out there as a last attempt to discourage me after you called him out on his first post being wrong. Why he would do that, I have no idea. Thank you again for your helpful responses, I really appreciate it. I'm going to continue to look into this.

[TNJ17 1,329]

14 minutes ago, motoperpetuo said:

 

It's very frustrating that you're accusing me of intent to commit a crime when I simply came here to ask if what the Ukrainian I met suggested would be legal. I don't know. I'm not very knowledgeable about immigration law, and I would just like my family to be together. Some people have replied suggesting that it would be fine. You're saying it would make me a criminal and that any lawyer who were to tell me otherwise would also be a crook. I don't really know who to believe. Do you have a specific statute or something like that to back up what you're claiming about how the law works?

There are millions of lawyers out there who will suggest it is just fine to do so but that doesn’t make it legal. Just because someone says they’ve done it or it’s possible that doesn’t make it legal. Any simple google search will come out saying it’s fraudulent. But just because something is fraudulent it doesn’t mean it’s not possible. Which is why you have heard your friend saying it’s ok. Shoplifting isn’t legal but a lot of people do it and get away with it. Doesn’t mean it’s not fraudulent to do so. It just means that people do it and some get away with it and some don’t. I personally don’t think you’re gonna get away with it because you already have a CR1 in progress. USCIS knows of your wife’s immigrant intent. Even if they approve your request by some slim chance they oversaw the CR1 process, what happens when you get caught in a misinterpretation charge because you lied about your intent. That will ban your wife for LIFE from ever stepping foot on US soil all over again. And you will have ruined your chance of having a life together on the US. Not really worth the risk for just a few months of bliss is it? I’m not asking you to believe me. But I did extensive search and studied a lot about immigration law before we decided to take this route. I spoke with immigration officers who told me it was illegal to do precisely what you are wanting to do. You’ve come on this website asking for advice and this is what we have to say. Just because it doesn’t turn out to be the way you want it to be doesn’t mean it’s not true or has no back up base. We have all been in the same position as you. Everyone wants to be with their loved ones as fast as the speed of light but we all chose to do it the legal way. It takes long dure but we all survive. We all had families we wanted to be with and not a lot of money to spend and would have taken the fastest route possible if one was available. But truth is this is immigration you are dealing with. It takes as long as it takes and it costs as much as it costs. It should come as no surprise to you that this is a long and expensive route and you know that from the start. If you don’t think you can handle the pressure of the consequences that come from it maybe immigration route isn’t for you. You’re no different than any of us and your case is no more special than any of us. Do it right like the rest of us. 

[motoperpetuo 3]

7 minutes ago, TNJ17 said:

There are millions of lawyers out there who will suggest it is just fine to do so but that doesn’t make it legal. Just because someone says they’ve done it or it’s possible that doesn’t make it legal. Any simple google search will come out saying it’s fraudulent. But just because something is fraudulent it doesn’t mean it’s not possible. Which is why you have heard your friend saying it’s ok. Shoplifting isn’t legal but a lot of people do it and get away with it. Doesn’t mean it’s not fraudulent to do so. It just means that people do it and some get away with it and some don’t. I personally don’t think you’re gonna get away with it because you already have a CR1 in progress. USCIS knows of your wife’s immigrant intent. Even if they approve your request by some slim chance they oversaw the CR1 process, what happens when you get caught in a misinterpretation charge because you lied about your intent. That will ban your wife for LIFE from ever stepping foot on US soil all over again. And you will have ruined your chance of having a life together on the US. Not really worth the risk for just a few months of bliss is it? I’m not asking you to believe me. But I did extensive search and studied a lot about immigration law before we decided to take this route. I spoke with immigration officers who told me it was illegal to do precisely what you are wanting to do. You’ve come on this website asking for advice and this is what we have to say. Just because it doesn’t turn out to be the way you want it to be doesn’t mean it’s not true or has no back up base. We have all been in the same position as you. Everyone wants to be with their loved ones as fast as the speed of light but we all chose to do it the legal way. It takes long dure but we all survive. We all had families we wanted to be with and not a lot of money to spend and would have taken the fastest route possible if one was available. But truth is this is immigration you are dealing with. It takes as long as it takes and it costs as much as it costs. It should come as no surprise to you that this is a long and expensive route and you know that from the start. If you don’t think you can handle the pressure of the consequences that come from it maybe immigration route isn’t for you. You’re no different than any of us and your case is no more special than any of us. Do it right like the rest of us. 

Your hostility and incorrect assumptions are neither necessary nor helpful. Please go away.

Edited August 2, 2018 by motoperpetuo

[TM92 527]

18 minutes ago, Orangesapples said:

So what? All of us K1s went through this

@Orangesapples, I was just piggybacking on your input:

1 hour ago, Orangesapples said:

Keep in mind that if you file for AOS she won't be able to work for about 6 months. If she finishes the CR-1 process then she will have a green card upon arrival. Also, in some states it might be hard to get a driver's license before getting an EAD. I don't know if she plans on working or just taking care of the kids but it's one thing to keep in mind.

 

You don't need an attorney BTW, save your money. You can easily AOS, it will just be a giant waste of money.

[TNJ17 1,329]

1 minute ago, motoperpetuo said:

Your hostility and incorrect assumptions are neither necessary nor helpful. Please go away.

How are my assumptions incorrect? Are you or are you not wanting to file for AOS on a tourist visa? That’s not an assumption. You mentioned that when you came here asking for advice. Again, you came here asking for advice and just because you don’t like the advice you were given doesn’t mean it’s not real. And no I will not go away because it’s people like you who make this path to immigration much longer than it should be. 

[Orangesapples 1,954]

5 minutes ago, TNJ17 said:

There are millions of lawyers out there who will suggest it is just fine to do so but that doesn’t make it legal. Just because someone says they’ve done it or it’s possible that doesn’t make it legal. Any simple google search will come out saying it’s fraudulent. But just because something is fraudulent it doesn’t mean it’s not possible. Which is why you have heard your friend saying it’s ok. Shoplifting isn’t legal but a lot of people do it and get away with it. Doesn’t mean it’s not fraudulent to do so. It just means that people do it and some get away with it and some don’t. I personally don’t think you’re gonna get away with it because you already have a CR1 in progress. USCIS knows of your wife’s immigrant intent. Even if they approve your request by some slim chance they oversaw the CR1 process, what happens when you get caught in a misinterpretation charge because you lied about your intent. That will ban your wife for LIFE from ever stepping foot on US soil all over again. And you will have ruined your chance of having a life together on the US. Not really worth the risk for just a few months of bliss is it? I’m not asking you to believe me. But I did extensive search and studied a lot about immigration law before we decided to take this route. I spoke with immigration officers who told me it was illegal to do precisely what you are wanting to do. You’ve come on this website asking for advice and this is what we have to say. Just because it doesn’t turn out to be the way you want it to be doesn’t mean it’s not true or has no back up base. We have all been in the same position as you. Everyone wants to be with their loved ones as fast as the speed of light but we all chose to do it the legal way. It takes long dure but we all survive. We all had families we wanted to be with and not a lot of money to spend and would have taken the fastest route possible if one was available. But truth is this is immigration you are dealing with. It takes as long as it takes and it costs as much as it costs. It should come as no surprise to you that this is a long and expensive route and you know that from the start. If you don’t think you can handle the pressure of the consequences that come from it maybe immigration route isn’t for you. You’re no different than any of us and your case is no more special than any of us. Do it right like the rest of us. 

You're absolutely wrong. Here's your simple Google searh: https://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html

 

As I said, there is established case law. Intent doesn't matter and AOS cannot be denied due to intent. What OP is considering is 100% legal and absolutely not even close to shoplifting. There's no risk whatsoever. There's nothing illegal or fraudulent about and it's not even a gray area.