noid recieved

[belinda63 3,039]

I still think she should just return home and do consular processing. Much, much cheaper that way.

[gabluc 171]

2 minutes ago, belinda63 said:

I still think she should just return home and do consular processing. Much, much cheaper that way.

thats not even a guarantee the visa will be approved either. 

 

It's a sticky situation. 

[JFH 12,190]

1 hour ago, Bill & Katya said:

When most people adjust from a visitor visa or VWP, if the AOS IO asks what their intent was upon entering most likely say they had no plans to adjust in country (I imagine),

Indeed. Intent usually doesn’t come into the matter until at least the baggage hall. 

[Amadia 711]

2 hours ago, junkmart said:

They get jealous when people adjust from B2. But to me it sounds like your wife did nothing wrong, except get confused at the GC interview.

Jealous is definitely not the word I would use....but....lets' not go down the road to be banned from VJ.

 

Also, did you NOT read the comment made by the OP on the letter they received? The wife clearly said her intent was only to visit when asked the purpose of her trip at the American border only to then file to adjust status when she got here. 

So, if the DHS deemed her intent as fraudulent and we call a spade a spade, then who are you to say that people.....who call it for what it is....are jealous? Why would somebody be jealous of that?

This is Visa Journey.....not Pettyville. 

[Cryssiekins 976]

10 minutes ago, Amadia said:

Jealous is definitely not the word I would use....but....lets' not go down the road to be banned from VJ.

 

Also, did you NOT read the comment made by the OP on the letter they received? The wife clearly said her intent was only to visit when asked the purpose of her trip at the American border only to then file to adjust status when she got here. 

So, if the DHS deemed her intent as fraudulent and we call a spade a spade, then who are you to say that people.....who call it for what it is....are jealous? Why would somebody be jealous of that?

This is Visa Journey.....not Pettyville. 

Agreed.  It’s not jealousy.  Calling it that insinuates we all wish we had thought of that, which isn’t true.  

 

It really shouldn’t be allowed, but that’s a whole other issue.  

[arken 4,197]

32 minutes ago, JFH said:

Indeed. Intent usually doesn’t come into the matter until at least the baggage hall. 

Yup, and probably until carrying the luggage inside which there would usually be Birth Certificates, Academic Certificates/Transcrips, Police Certificates and everything required for AOS.

[junkmart 320]

23 minutes ago, Amadia said:

Jealous is definitely not the word I would use....but....lets' not go down the road to be banned from VJ.

 

Also, did you NOT read the comment made by the OP on the letter they received? The wife clearly said her intent was only to visit when asked the purpose of her trip at the American border only to then file to adjust status when she got here. 

So, if the DHS deemed her intent as fraudulent and we call a spade a spade, then who are you to say that people.....who call it for what it is....are jealous? Why would somebody be jealous of that?

This is Visa Journey.....not Pettyville. 

Jealous may not be what they are, but that is how they come across to me. So, I'll keep saying it. My jealous comment was directed to people who made comments about adjusting from B2 being wrong, and being glad they are doing something about it. Don't remember if that was you, but there is nothing wrong with adjusting from B2.

 

Yes, I've read all the comments. Did you? You are misunderstanding the reason for denial. It appears that the reason is for misrepresentation at the time of entry, not due solely to intent. OP is saying that at the interview, his wife misunderstood due to the language barrier, and incorrectly said that her intent was to live with her husband and children, thus contradicting her prior statements, and resulting in denial for misrepresentation. But OP says that it is a misunderstanding. So who are we to say they he is lying?

 

 

[Amadia 711]

1 minute ago, junkmart said:

Don't remember if that was you, but there is nothing wrong with adjusting from B2.

It wasn't me.

1 minute ago, junkmart said:

So who are we to say they he is lying?

I didn't say the OP was lying about anything.

 

Your perception will always be yours. What someone says and what YOU deem their words to mean are 2 different things. But, I am not here to take you back to school. We all have valuable input because we have all experienced various things through our own immigration journeys.  

[Cryssiekins 976]

29 minutes ago, junkmart said:

...there is nothing wrong with adjusting from B2.

 

OP says that it is a misunderstanding. So who are we to say they he is lying?

 

 

First part is your opinion, and that’s great, but know not everyone shares that.  There are many reasons why adjusting from a visitor visa should not be permitted, but this is not the time or place for that debate.

 

Second, no one said he is lying.  They have stated what it appears to be based on information he provided.  He was also advised to get an attorney.  To be blunt, assuming he is truthful, this is a mess he created by not having a translator present. People always want to save a few bucks, until it bites them in the behind.  Common sense and basic research would have helped him make that decision.  

 

28 minutes ago, Amadia said:

But, I am not here to take you back to school.

This is my new favorite line.

[carmel34 3,639]

I read the whole thread and the thing that stands out for me is that the OP's wife essentially admitted in the interview that her original intent was to stay and adjust status.  That is a big difference from others who do AOS from temporary visit visas, whether they had intent to do it or not at POE, it's irrelevant because they don't admit to it, so at AOS it's not an issue because there is no evidence to prove it.  In OP's case, his wife said she entered without intent to stay at POE and her reason was recorded by the CBP officer, then later, in the AOS interview, she said she entered with intent to stay.  Those are facts that will be very difficult to overcome if they hire an attorney to try and fight it in a deportation hearing, which is where this is heading.  And at that deportation hearing, OP will have a chance to present evidence that his wife's statement was a language-based misunderstanding.  Since OP has not replied for a very long time, I suspect that there is much more to this story.  If he's still following it, I wish him and his wife all the best as they find a good attorney to prepare for the removal hearing, or decide to send her somewhere outside the US while they file an I-130 petition for a spousal visa.  I just finished the process with my husband and it only took 11 months.  Good luck OP!

Edited June 13, 2019 by carmel34

[junkmart 320]

5 minutes ago, Cryssiekins said:

There are many reasons why adjusting from a visitor visa should not be permitted

Thanks for your opinion

[Pinkrlion 2,724]

3 hours ago, junkmart said:

How is that any of our business.

That is an important question.  Also, why be on VJ and ask for help and keep parts hidden

[dentsflogged 352]

 

5 hours ago, missileman said:

Yep.....the fact that the subject even came up is significant, imo.

Honestly the way I read this made me think that the OPs wife was in secondary - I don't think primary POE officers often call around to verify stories, do they? I've never heard of it or had it.  I'm seeing it as they had suspicions of OPs wife already and sent her to secondary. She was then either silly enough to openly admit to lying at that interview during the AOS interview, or a poor grasp of English was used to trip her into making a statement that they're using against her (is admitting to lying at POE considered material misrepresentation?).   Either way it looks fishy.  There's 5 weeks between entry and AOS file.  OP claims she "got pregnant after 3 weeks" which means they found out she was pregnant, married and got all the relevant paperwork together for AOS within 2 weeks?   Nah, sorry, that's got my BS meter on red alert. I'm sure that USCIS thought the same. 

[JFH 12,190]

15 minutes ago, dentsflogged said:

 

Honestly the way I read this made me think that the OPs wife was in secondary - I don't think primary POE officers often call around to verify stories, do they? I've never heard of it or had it.  I'm seeing it as they had suspicions of OPs wife already and sent her to secondary. She was then either silly enough to openly admit to lying at that interview during the AOS interview, or a poor grasp of English was used to trip her into making a statement that they're using against her (is admitting to lying at POE considered material misrepresentation?).   Either way it looks fishy.  There's 5 weeks between entry and AOS file.  OP claims she "got pregnant after 3 weeks" which means they found out she was pregnant, married and got all the relevant paperwork together for AOS within 2 weeks?   Nah, sorry, that's got my BS meter on red alert. I'm sure that USCIS thought the same. 

They’ve been married for 5 years and already had two children. It wasn’t a spontaneous marriage. Personally, I’m of the belief that almost all AOS from visitor status had some form of intent. But that doesn’t matter what I think. She was admitted. I don’t know how long she was planning to stay or when her return ticket was booked for, but if it was a long stay and she had no job back home (by the OP’s own admission) and with a husband in the US she was lucky she was let in to the country in the first place. There have been people from VWP countries in similar circumstances who have been turned away. 

[Crazy Cat 41,981]

 

15 minutes ago, JFH said:

Personally, I’m of the belief that almost all AOS from visitor status had some form of intent. But that doesn’t matter what I think

My thoughts also......