CR1 or AOS better if you have tourism visa

[Surrey19 6]

Hello 

 

if someone have valid US tourism visa is it better to get married in US and apply for AOS and how much time goes it takes 

 

or to go back and apply for CR1 as I heard that now the CR1 takes around 18 month so AOS (I 485 if the spouse is US citizen )might be better 

 

thanks 

[Dashinka 24,509]

It is not legal to come to the US on a tourist visa with the intention to stay and AOS.  It is fine to come to the US on an ESTA or B2 and get married and leave the US with the intention to file for a spousal visa in the future.

Edited September 10, 2020 by Dashinka

[Surrey19 6]

6 minutes ago, Dashinka said:

It is not legal to come to the US on a tourist visa with the intention to stay and AOS.  It is fine to come to the US on an ESTA or B2 and get married and leave the US with the intention to file for a spousal visa in the future.

I read that a lot have done it and they need to wait 60 days from the entry it is called the 30 60 90 days rule. There is nothing illegal about it they even allow the spouse to work after 6 month 

[Dashinka 24,509]

Just now, Surrey19 said:

I read that a lot have done it and they need to wait 60 days from the entry it is called the 30 60 90 days rule. There is nothing illegal about it they even allow the spouse to work after 6 month 

Again, it is not legal to enter the US on a tourist visa with the intention to stay and adjust status.  It is legal to come to the US, and if life events change while here where one gets married, then they can file an AOS.  However, this decision is made after the fact of entering the US, not before.

[Surrey19 6]

5 minutes ago, Dashinka said:

Again, it is not legal to enter the US on a tourist visa with the intention to stay and adjust status.  It is legal to come to the US, and if life events change while here where one gets married, then they can file an AOS.  However, this decision is made after the fact of entering the US, not before.

Ok we will see when I be in US .what is the best choice 

 

was wondering about the process time of the AOS

[NancyNguyen 1,657]

13 minutes ago, Surrey19 said:

Ok we will see when I be in US .what is the best choice 

 

was wondering about the process time of the AOS

Don't get caught with your intention.

[Surrey19 6]

41 minutes ago, NancyNguyen said:

Don't get caught with your intention.

I didnot need an advice my question was clear

[Lucky2Lucky 2,526]

58 minutes ago, Surrey19 said:

Ok we will see when I be in US .what is the best choice 

 

was wondering about the process time of the AOS

When you enter the US please tell the officer you plan to adjust status while on your trip.You will see what will happen real fast.

This website does not condone fraudulent or illegal activity. 

[geowrian 22,337]

See INA 214(b) to obtain a tourist visa, or INA 212(a)(7)(A)(i)(I) at POE for entering as an intending immigrant without an immigrant visa (or visa that allows immigrant intent like a K-1 visa).

Also see the expedited removals some people have received as a result of trying this. Just Google it and you'll see plenty of it.

Edited September 10, 2020 by geowrian

[Surrey19 6]

19 minutes ago, geowrian said:

See INA 214(b) to obtain a tourist visa, or INA 212(a)(7)(A)(i)(I) at POE for entering as an intending immigrant without an immigrant visa (or visa that allows immigrant intent like a K-1 visa).

Also see the expedited removals some people have received as a result of trying this. Just Google it and you'll see plenty of it.

If that is the case there would not be a 30 60 90 days rule for marriage 

[NancyNguyen 1,657]

1 minute ago, Surrey19 said:

If that is the case there would not be a 30 60 90 days rule for marriage 

30 60 90 days whatever doesn't help you overcome fraud when you already have AOS intention. This forum is not for you, find fraud advice from somewhere else.

[Surrey19 6]

Ok I thought it was legal as most people do it so CR1 is the solution .is it true it is taking 18 month to process 

[Just Paul 4,595]

20 minutes ago, Surrey19 said:

If that is the case there would not be a 30 60 90 days rule for marriage 

There is no 30/60/90 day rule for USCIS.  You are confusing USCIS (DHS) with another US Department.

 

If you are asking the original question while being in the US then yes you can AOS.   If you are asking about entering and then adjusting then that is illegal.

 

11 minutes ago, Surrey19 said:

Ok I thought it was legal as most people do it so CR1 is the solution .is it true it is taking 18 month to process 

Very few CR1's are done from the US.  In fact none are as a CR1 is a visa.  Visas are issued by a consulate.

Edited September 10, 2020 by Paul & Mary

[Lucky2Lucky 2,526]

18 minutes ago, Surrey19 said:

If that is the case there would not be a 30 60 90 days rule for marriage 

There is no rule. That's a rumor. You have a lot of educating to do. Please start. 

[Surrey19 6]

1 hour ago, Luckycuds said:

There is no rule. That's a rumor. You have a lot of educating to do. Please start. 

It doesnot  matter if it is a rule or not any marriage that is done within 90 days his AOS be denied as a lawyer