aos b1 WARNING: Unknown consequences of AOS from B2

[ubrkmifixm 0]

Hello all,

 

I want to share my recent experience applying for a tourist visa for my wife’s daughter. We knew the odds were against her, but we were flabbergasted at the reason given for her refusal.

 

in a 2-minute interview at the US embassy, she was told that NO ONE in my wife’s family would ever be granted a tourist visa because her mother had entered on a B2 and filed an AOS instead of returning home.

 

When my future wife arrived in December 2016 we had only known each other for a few months, and had spent just three weeks together here and abroad. We had certainly not decided to get married. Rather, we wanted to get to know each other, and planned a short stay of 2-3 weeks over Christmas and New Years’. 

 

As as it happened her company was bought out while she was in the US so she had no job to return to. Things were going well between us so we extended her stay - repeatedly. I proposed to her in April and we were married in late May, well before her six month B2 visa expired.

 

Consulting an attorney, we decided to file for AOS rather than having her return home and applying from there. As our marriage was five months after her entry, we had no problems and eventually received her green card.

 

In other words: WE HAD NO INTENT TO MARRY, DID NOT BREAK ANY RULES, AND WERE GRANTED A GREEN CARD. But, her daughter was DENIED a tourist visa because her mother had filed for AOS.

 

Something to consider for those contemplating AOS. I had done tons of research and had never heard of this before. My wife says her country’s forums describe many similar cases. I hope this helps someone.

[geowrian 22,338]

The IO has no say if a CO issues a tourist visa or not. At the same time, a close family member doing AOS form a tourist visa is likely to raise suspicion that another family member may do the same.

[carmel34 3,655]

This story is a good example of why K1 or CR1 is always the best, safest way to go in situations like this.  Yes, it involves more time apart from someone you love when one is waiting a year or more outside the US, but in the long run it avoids situations like this.  Also a good example of how attorneys often give bad advice.  I'm so sorry this happened to you.

[azblk 338]

Personally I take this with grain of salt. No CO will in any country will ever tell an applicant what was said to her. You can not visit the sins (if any) of the parent onto the child. Most likely scenario is CO was unconvinced she would return to Russia after her visit and given her mothers history felt she was likely to do the same.

[Roel 7,193]

Actually it's pretty common that family members are denied b2 visa when someone in their family already broke immigration rules and /or used b2 to AOS. 

 

Nothing stops the consular officer to assume that family member will do the same thing. Hence denials. 

 

Its justice. 

[Unlockable 7,315]

6 hours ago, ubrkmifixm said:

Hello all,

 

I want to share my recent experience applying for a tourist visa for my wife’s daughter. We knew the odds were against her, but we were flabbergasted at the reason given for her refusal.

 

in a 2-minute interview at the US embassy, she was told that NO ONE in my wife’s family would ever be granted a tourist visa because her mother had entered on a B2 and filed an AOS instead of returning home.

 

When my future wife arrived in December 2016 we had only known each other for a few months, and had spent just three weeks together here and abroad. We had certainly not decided to get married. Rather, we wanted to get to know each other, and planned a short stay of 2-3 weeks over Christmas and New Years’. 

 

As as it happened her company was bought out while she was in the US so she had no job to return to. Things were going well between us so we extended her stay - repeatedly. I proposed to her in April and we were married in late May, well before her six month B2 visa expired.

 

Consulting an attorney, we decided to file for AOS rather than having her return home and applying from there. As our marriage was five months after her entry, we had no problems and eventually received her green card.

 

In other words: WE HAD NO INTENT TO MARRY, DID NOT BREAK ANY RULES, AND WERE GRANTED A GREEN CARD. But, her daughter was DENIED a tourist visa because her mother had filed for AOS.

 

Something to consider for those contemplating AOS. I had done tons of research and had never heard of this before. My wife says her country’s forums describe many similar cases. I hope this helps someone.

Yes, this isn't surprising and we have (or at least I have) actually heard this before. It is one of the reasons why they ask the visitor visa applicant of relatives of the US. Thanks for sharing your story so others are aware of the consequences even if the actions are circumstantial and no pre-planned.

 

It is extremely hard to convince an officer that a daughter would return home after her mother used a tourist visa to migrate. You have to look at it overall reason for the denial. The risk doesn't always mean immediate. Your daughter-in-law may very well have every intention of returning  after this holiday season. And she probably would have returned after her next visit. And the next. But what about 2 or 3 years down the road? Remember the visitor visa is usually a multiple entry 10 year visa. That is a long time and a lot of opportunities to change your mind about migrating to be closer to you mother.

[Boiler 46,122]

There are people who adjust and whose relatives visit, and people who adjust whose family's can not.

[azblk 338]

1 hour ago, Boiler said:

There are people who adjust and whose relatives visit, and people who adjust whose family's can not.

Exactly.

People here try to make it like adjusting is a bad thing or against the law yet there is nothing like that. Personally I have 5 siblings. We all came to the states on F-1 visas. My older 2 siblings adjusted their status after graduating through marriage even before me and my younger siblings came to the US. I also applied for and received F-1 visa after high school, I got H1 after graduation and eventually adjusted through marriage.

The 3 others all got student visas and chose to return home after college but have never had any problems getting or renewing a tourist visa.

[jesserz 73]

Is this unlawful? (I don't really understand if there are any strict laws with most immigration matters or if it's all just down to how the officer is feeling at that exact moment).

 

My husband and I read stories that this happened after people had done the adjustment of status and I guess we just assumed it was the law. These were all on Russian language websites, but the general gist was that if you ever want your family to visit you in the US after you immigrate, don't adjust the status of a non-immigrant visa (not counting the K-1 obviously).

 

That is so terrible that you were blindsided by that I'm very sorry to hear it! Hopefully there is a way to work together and get together!