Spouse visa

[HRQX 4,145]

18 minutes ago, MaD22 said:

We are trying to figure out the right way to go about it and the AOS information we got from the USCIS website

The reason your husband is not eligible is because he currently is outside of the US, thus preconceived intent issue comes into play. I.e. at POE, he must be honest with the CBP officer and the officer will deny him entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I) and INA 214(b).

Edited September 17, 2021 by HRQX

[PaulaCJohnny 713]

57 minutes ago, MaD22 said:

Hi,

Thank you for explaining. 

 

We are trying to figure out the right way to go about it and the AOS information we got from the USCIS website got us thinking may be he can come on his B1/B2, we apply and request for the adjustment of status. 

 

If AOS is not applicable to B1/B2 visa holders, who does it apply to ?

 

Also, is it possible we apply from his home country or do I have to be present in the US?

 

Thank you

 

 

Thank you for clearing this. 

We were confused. 

 

 

This is FRAUD (again!) . The AOS is for people that is already inside se US.

 

Using a visitor visa to enter the country planning to stay is fraud. 
 

The B1/B2 visa is for visit, not to immigrate.

 What your husband is planning to say to the CBP officer? 
If he say that he is just her for visiting you he is lying 🤥 if he say that he came to live and adjust his status he will be denied 🙅 

 

Do you understand now?

 

What you are planning to do is a “short cut” and this in immigration process is call FRAUD.
 

Simple like that. You are trying to get this easy to be together, maybe you can check how is the process to you live in his country. If is easier you can wait for the CR1/IR1 visa process there, so you can’t be far from your love one, like I did.

 

Do the things the correct way and avoid more problems like a ban.

 

The CR1/IR1 visa is the correct for your case. Spouse is out of the US. 
 

Good luck

 

 

Edited September 17, 2021 by PaulaCJohnny

[MaD22 0]

1 hour ago, PaulaCJohnny said:

This is FRAUD (again!) . The AOS is for people that is already inside se US.

 

Using a visitor visa to enter the country planning to stay is fraud. 
 

The B1/B2 visa is for visit, not to immigrate.

 What your husband is planning to say to the CBP officer? 
If he say that he is just her for visiting you he is lying 🤥 if he say that he came to live and adjust his status he will be denied 🙅 

 

Do you understand now?

 

What you are planning to do is a “short cut” and this in immigration process is call FRAUD.
 

Simple like that. You are trying to get this easy to be together, maybe you can check how is the process to you live in his country. If is easier you can wait for the CR1/IR1 visa process there, so you can’t be far from your love one, like I did.

 

Do the things the correct way and avoid more problems like a ban.

 

The CR1/IR1 visa is the correct for your case. Spouse is out of the US. 
 

Good luck

 

 

Hi,

Thanks for explaining. 

We definitely do not want to do anything that is fraudulent or deceiving. 

 

Upon reading about the K3 VISA kind and AOS, we were just wondering who the AOS is applicable to. 

 

 

Also, is me going to his home country and applying from there the same as me being in the US and applying from here? 

Are the processing times the same?

 

Thank you again for your help

[MaD22 0]

1 hour ago, HRQX said:

The reason your husband is not eligible is because he currently is outside of the US, thus preconceived intent issue comes into play. I.e. at POE, he must be honest with the CBP officer and the officer will deny him entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I) and INA 214(b).

So who does the AOS apply to?

 

The USCIS website also mentions a K3 VISA kind with an option of AOS. 

Now, I'm unable to understand this. 

 

Thank you

[HRQX 4,145]

28 minutes ago, MaD22 said:

mentions a K3 VISA kind with an option of AOS.

K-3 is one few nonimmigrant visa categories that allow dual intent: https://www.nolo.com/legal-encyclopedia/what-are-dual-intent-visas.html

But there has been zero K-3 visas since the 03/20/2020 DOS "Suspension of Routine Visa Services." https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics/monthly-nonimmigrant-visa-issuances.html

Edited September 17, 2021 by HRQX

[Redro 4,609]

3 hours ago, MaD22 said:

So who does the AOS apply to?

 

The USCIS website also mentions a K3 VISA kind with an option of AOS. 

Now, I'm unable to understand this. 

 

Thank you

AOS is for people who are already in the States. For example, K1 visa holders (fiance). They enter on a dual intent visa get married and apply for the CR1 visa and adjust status. 

I believe it also applies to some people who are on L1 visas (people living and working in the States) who then marry a US citizen and decide to adjust status from L1 to CR1. 

It is not for ESTA holders or B1/B2 visa holders who want to live in the States while they go through the immigration process.