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Dorybrown

Change from consular to adjustment of status

By Dorybrown in Adjustment of Status from Work, Student, & Tourist Visas

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Dorybrown Newbie

Dorybrown   0

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Filed: IR-1/CR-1 Visa (DCF) Country: United Arab Emirates
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Am a Kenya citizen who used to live in in abu dhabi and had applied via abu dhabi consular. Lost my job and had to relocate. Hubby is USC married we are married 4 years and have a baby. I130 was already approved. Can I adjust status in the US? Came on a tourist visa Two weeks ago.

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Was not that your plan?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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20 minutes ago, RachelW said:

You can but you have to prove you didn’t intend to immigrate when you travelled on your visit visa because that could be considered visa fraud. 

Is this one of Trumps new edicts, news to me.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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RachelW Newbie

RachelW   4

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Filed: IR-1/CR-1 Visa Country: United Arab Emirates
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3 hours ago, Boiler said:

Is this one of Trumps new edicts, news to me.

Not new at all, the visit visa is meant for non immigrants. If you try to adjust status from

a visit visa you could potentially get in trouble for making false statements since that is what they always ask before allowing you to enter the US - do you have plans to return to your home country. If you come into the country with the intent to immigrate then this would be a

lie. With Covid some people say they are accepting more reasons for why you would enter as a visitor and then apply for AOS but, there is still always this possibility. My lawyer warned me about this. Just be careful. 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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1 hour ago, RachelW said:

Not new at all, the visit visa is meant for non immigrants. If you try to adjust status from

a visit visa you could potentially get in trouble for making false statements since that is what they always ask before allowing you to enter the US - do you have plans to return to your home country. If you come into the country with the intent to immigrate then this would be a

lie. With Covid some people say they are accepting more reasons for why you would enter as a visitor and then apply for AOS but, there is still always this possibility. My lawyer warned me about this. Just be careful. 

I have been on VJ a long time and have never come across such a case.

 

If you roll up to the PoE as a tourist and say you are immigrating obviously you will be on the next flight back, so this is where people have been assessed not to have such an intent.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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