Marriage and AOS while on a tourist visa

[Lucky2Lucky 2,526]

11 minutes ago, remotercharm said:

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#S-A-3

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. 

 

 

If you have something to hide then your fiance should go back and wait his turn for his visa. If you don't, then apply to adjust status. I'm not going to argue anymore lol

[remotercharm 31]

21 minutes ago, Luckycuds said:

Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant’s case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States. 

 

 

If you have something to hide then your fiance should go back and wait his turn for his visa. If you don't, then apply to adjust status. I'm not going to argue anymore lol

yes, i can read.

[Mollie09 1,543]

11 minutes ago, remotercharm said:

yes, i can read.

Can you?

 

"After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States"

Did your fiance make a "willful misrepresentation"? No? then you're good.

If you want to keep arguing that it's a rule, by all means wait 90+ days.

[remotercharm 31]

13 minutes ago, Mollie09 said:

Can you?

 

"After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States"

Did your fiance make a "willful misrepresentation"? No? then you're good.

If you want to keep arguing that it's a rule, by all means wait 90+ days.

read the whole page...  you have to have evidence.

Edited October 7, 2020 by remotercharm

[SalishSea 17,832]

11 hours ago, remotercharm said:

Our k1 interview was cancelled in London in March with no idea when it will resume.  My fiance has been in the US visiting me and will have to leave in about 6 weeks.  I know its risky but suddenly thought today maybe we should just get married and try to apply for AOS. My friend did it years ago (i know rules have changed since).  To make it clear there was zero intention of this on his visit.  And given the fact they won't or can't resume processing visas in the near future it seems like an obvious thing to do now he's here.  I know there is the 30/60 day rule, so could do it after the 60 day mark.  I guess the worry is whether they could process it in time.  If he gets banned forever because they think its a fraud or whatever, I wouldn't be hugely disappointed, and just go to the UK instead.  I'm not exactly sure how bad a denial would be on his chances of still getting the k1 interview.

 

*Not sure this is the best forum to post this question is but couldnt think of a better one.

There is no '90 day rule.'  However, many people cannot just suddenly decide to stay for 8-9 months (until AP document is granted) whilst on vacation.  Most adults would have responsibilities and a life back home to sort out.....

[remotercharm 31]

1 minute ago, Jorgedig said:

There is no '90 day rule.'  However, many people cannot just suddenly decide to stay for 8-9 months (until AP document is granted) whilst on vacation.  Most adults would have responsibilities and a life back home to sort out.....

He had already gotten moved out of his flat and gotten rid of everything in preparation to come here so nothing to sort out really.  Thankfully money is not a concern.

[SalishSea 17,832]

Just now, remotercharm said:

He had already gotten moved out of his flat and gotten rid of everything in preparation to come here so nothing to sort out really.  Thankfully money is not a concern.

Seems a bit odd to have already done that if the March interview was cancelled, and this trip's 'intent' was only a visit.....

 

Good that money isn't a concern, but keep in mind that he is not authorized to work, even remotely, in the US without an EAD.   Even if the money goes into a foreign account, yada yada.  

[Orangesapples 1,954]

Don't listen to all the people saying you'll have a problem. You will not, many others have done it. Just marry and adjust. See all the others on here doing the same thing. 

[remotercharm 31]

12 minutes ago, Jorgedig said:

Seems a bit odd to have already done that if the March interview was cancelled, and this trip's 'intent' was only a visit.....

 

Good that money isn't a concern, but keep in mind that he is not authorized to work, even remotely, in the US without an EAD.   Even if the money goes into a foreign account, yada yada.  

He did it all (quit job, moved out of flat) before the march interview and moved into his parent's house to spend the last month with them.   Then cancellation and pandemic.  He did some temp remote work for a while whilst staying in his parents house.  Then after 4 months we met in mexico and then came to the US.  Figured it would definitely be sorted out now but it's not.  And I no longer have faith it will be anytime soon. Can assure you there was no intent.  The fancy expensive kilt wedding outfit is still in Scotland 😂.   I didn't even think of it as an option til today! I remember my friend did it years ago with her Argentine boyfriend.

 

Yes I realize he cannot work and has not since we've been here.  Thankfully I can support us both. 

3 minutes ago, Orangesapples said:

Don't listen to all the people saying you'll have a problem. You will not, many others have done it. Just marry and adjust. See all the others on here doing the same thing. 

where are people doing this?  is it a particular forum?  thanks.

Edited October 7, 2020 by remotercharm

[Orangesapples 1,954]

1 minute ago, remotercharm said:

He did it all (quit job, moved out of flat) before the march interview and moved into his parent's house to spend the last month with them.   Then cancellation and pandemic.  He did some temp remote work for a while whilst staying in his parents house.  Then after 4 months we met in mexico and then came to the US.  Figured it would definitely be sorted out now but it's not.  Can assure you there was no intent.  The fancy expensive kilt wedding outfit is still in Scotland 😂.  

 

Yes I realize he cannot work and has not since we've been here.  Thankfully I can support us both. 

Don't worry, you can see all the people that have posted on here that adjusted the same way you did and they were never asked about intent. I have no idea what the fear mongering above is all about. 

[Orangesapples 1,954]

3 minutes ago, remotercharm said:

He did it all (quit job, moved out of flat) before the march interview and moved into his parent's house to spend the last month with them.   Then cancellation and pandemic.  He did some temp remote work for a while whilst staying in his parents house.  Then after 4 months we met in mexico and then came to the US.  Figured it would definitely be sorted out now but it's not.  And I no longer have faith it will be anytime soon. Can assure you there was no intent.  The fancy expensive kilt wedding outfit is still in Scotland 😂.   I didn't even think of it as an option til today! I remember my friend did it years ago with her Argentine boyfriend.

 

Yes I realize he cannot work and has not since we've been here.  Thankfully I can support us both. 

where are people doing this?  is it a particular forum?  thanks.

See here:

 

https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

And here :

 

https://www.visajourney.com/forums/forum/131-adjustment-of-status-case-filing-and-progress-reports/

[Ontarkie 14,225]

~~Moved to AOS from Work, Student and Tourist Visas, from US Citizenship General Discussion- the OP is asking about AOS.~~

[remotercharm 31]

29 minutes ago, Jorgedig said:

There is no '90 day rule.'  However, many people cannot just suddenly decide to stay for 8-9 months (until AP document is granted) whilst on vacation.  Most adults would have responsibilities and a life back home to sort out.....

By the way, dont people have to do this anyway with a k1 once they enter and apply for AOS and AP and work permit, etc.?

[SalishSea 17,832]

1 minute ago, remotercharm said:

By the way, dont people have to do this anyway with a k1 once they enter and apply for AOS and AP and work permit, etc.?

Yes.  But then it is planned for, so ties back home have been taken care of.  At least, that was how we did ours.

[remotercharm 31]

8 minutes ago, Jorgedig said:

Yes.  But then it is planned for, so ties back home have been taken care of.  At least, that was how we did ours.

Indeed, the only reason his is "tied up" is becuase he'd already done it thinking he was going to move here.  Once the pandemic hit he just stayed put at his parents and we thought we'd get a new interview soon as they kept letting us schedule a new one and canceling each month for a couple more months.

Edited October 7, 2020 by remotercharm