AOS through marriage while on tourist visa

[Caszibare 0]

I am USC and have already filed i130 for my husband in Mexico, PD April 10, 2020. He is coming here to visit me in April on tourist visa. I am a grad student and I need to start clinicals soon for my nurse practitioner program. If he arrives and ends up not wanting to leave, can we just file AOS since he is here ? I have read that they could consider this visa fraud because he entered on a tourist visa. I’m hoping that the i130 will already be approved and it won’t be an issue, but if he ends up needing to stay, could they reject him?

[Chancy 6,243]

17 minutes ago, Caszibare said:

If he arrives and ends up not wanting to leave, can we just file AOS since he is here ?

 

Entering the US on a tourist visa with intent to adjust status is fraud.  Don't do it.

 

[Crazy Cat 42,310]

46 minutes ago, Caszibare said:

I am USC and have already filed i130 for my husband in Mexico, PD April 10, 2020. He is coming here to visit me in April on tourist visa. I am a grad student and I need to start clinicals soon for my nurse practitioner program. If he arrives and ends up not wanting to leave, can we just file AOS since he is here ? I have read that they could consider this visa fraud because he entered on a tourist visa. I’m hoping that the i130 will already be approved and it won’t be an issue, but if he ends up needing to stay, could they reject him?

Adjustment of status is not an option since he is outside the US.  Entering the US via a tourist visa with the intent to stay and adjust status is not legal.

[JFH 12,191]

Since you are considering it before he has even got here, this option is not open to you. It is for people whose circumstances change after they arrive, not for people to plan to change their mind before they even leave home. 

[Caszibare 0]

Ok so I get how it could be fraud, but then how can folks come on a tourist visa and get married and apply for i130 / AOS? Isn’t that also fraud? My point is that we are not planning on staying, that’s not our INTENTION of entering the USA. But in case of emergency if he stays, does anyone have any experience in filing AOS after 90 days? 

[Caszibare 0]

I understand that knowingly immigrating for that purpose is considered fraud. I’m not asking about that. I’m sayi if our plans change. We have 2 properties in Mexico, he has a job that he’s only taking a vacation from. I’m asking about people who have done it so we have that as an emergency option, just like others have asked about marriage on a tourist visa as an emergency option. 

[Chancy 6,243]

4 minutes ago, Caszibare said:

Ok so I get how it could be fraud, but then how can folks come on a tourist visa and get married and apply for i130 / AOS? Isn’t that also fraud? My point is that we are not planning on staying, that’s not our INTENTION of entering the USA. But in case of emergency if he stays, does anyone have any experience in filing AOS after 90 days? 

 

Please read JFH's reply above.  To reiterate -- the fact that you are considering it even before your husband arrives means that it is already part of your intention.  No one here will advise you on how to commit a fraudulent activity.  It is against VJ's TOS.

 

[Caszibare 0]

Got it. I think I wasn’t fully aware of this. Thanks !

[Crazy Cat 42,310]

35 minutes ago, Caszibare said:

Ok so I get how it could be fraud, but then how can folks come on a tourist visa and get married and apply for i130 / AOS? Isn’t that also fraud? My point is that we are not planning on staying, that’s not our INTENTION of entering the USA. But in case of emergency if he stays, does anyone have any experience in filing AOS after 90 days? 

The terms of service for this site prohibit member from discussing illegal actions.  

"Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method."

[JFH 12,191]

48 minutes ago, Caszibare said:

Ok so I get how it could be fraud, but then how can folks come on a tourist visa and get married and apply for i130 / AOS? Isn’t that also fraud? My point is that we are not planning on staying, that’s not our INTENTION of entering the USA. But in case of emergency if he stays, does anyone have any experience in filing AOS after 90 days? 

People do it, yes. Strictly speaking it’s possible if there was no prior intent of staying. The fact that you are discussing it now demonstrates your intent. That’s exactly what intent is. Is everyone honest that they had no intent when they arrived? Who knows? People get away with it. Just as people get away with not paying taxes or with driving without insurance. Doesn’t mean it’s right just because people have done it without being caught. 

[HRQX 4,145]

1 hour ago, Caszibare said:

how can folks come on a tourist visa and get married and apply for i130

He's allowed to marry you during a visit and then leave: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

You can also file I-130 petition (after you marry) to start consular processing during his visit: "The beneficiary will not apply for adjustment of status in the United States, but he or she will apply for an immigrant visa abroad at the U.S. Embassy or U.S. Consulate in"

 

 

 

For both paper and online filing options, leave the following fields completely blank

[Ban Hammer 13,552]

as the op has been advised of the legality of the first post and has received appropriate guidance from other members, this thread is now locked

do not restart this thread