Came in on on a Tourist visa but want to do a AOS

[N&AT 0]

We got married here in the US  and my wife went back to her country ( she's a attorney) She has a tourist visa and is here with me now in the US. We filed a I-130 and are waiting for an approval. She is now working remotely here with me in the US. Can we do a adjustment of status to say she is now here in the US and keep her here until the the I-130 gets approved  ?>

[K1visaHopeful 2,878]

#1 She cannot work in the US without authorization from DHS.

It doesnt matter where her employer is. Her being in the US and working is what matters.

 

If she entered the US on a tourist visa with intentions to adjust status that's visa fraud.

It may be difficult to prove she didn't as you already has intentions to immigrate when you filed I130 when she was abroad.

Be very careful. Punishment can be deportation and a ban from the US.

Edited January 18, 2022 by K1visaHopeful

[Timona 4,208]

12 minutes ago, N&AT said:

We got married here in the US  and my wife went back to her country ( she's a attorney) She has a tourist visa and is here with me now in the US. We filed a I-130 and are waiting for an approval. She is now working remotely here with me in the US. Can we do a adjustment of status to say she is now here in the US and keep her here until the the I-130 gets approved  ?>

 

These 2 do not make sense.

 

Here is the guide, nonetheless. If she is not in the country, I would suggest wait it out for the CR-1. Coming in with intent to adjust is fraud.

 

 

[Rocio0010 5,633]

16 minutes ago, N&AT said:

She is now working remotely here with me in the US

Violation number 1: she can’t work without proper authorization of DHS. Yeah, I know you’re going to say she doesn’t get paid into a US account etc etc but it is still work and she shouldn’t be working without DHS authorization.

18 minutes ago, N&AT said:

US. Can we do a adjustment of status to say she is now here in the US and keep her here until the the I-130 gets approved  ?>

Violation number 2: coming in s visitors visa With the intent to marry and adjusting is fraud and has serious consequences 

[Timona 4,208]

You just posted on January 6th of 2022 queries about I-130. That was barely 1.5 weeks ago. So, between then and now, your wife left US and is already back even before the I-130 that you were working on was submitted?

 

 

[JD2 101]

1 hour ago, N&AT said:

We got married here in the US  and my wife went back to her country ( she's a attorney) She has a tourist visa and is here with me now in the US. We filed a I-130 and are waiting for an approval. She is now working remotely here with me in the US. Can we do a adjustment of status to say she is now here in the US and keep her here until the the I-130 gets approved  ?>

My wife has a B1/B2.  We got engaged when she was visiting on a tourist visa.  We thought about going to the court house, getting married, and filing right then and there.  It would've been legit because neither of us knew before she entered (the engagement was spur of the moment so even I didn't know or bought a ring yet).  But, we just thought what if they don't believe us.  And, also, Advance Parole processing is long right now so you can't travel internationally for a while if you do that so that could be a problem if she's a lawyer in her home country.  The other posters are right.  Thread carefully, perhaps get a lawyer.

[Chancy 6,243]

*** Moved from AOS from K1 Visas to AOS from Work/Student/Tourist Visas forum ***

 

[Noname93 202]

 

On 1/17/2022 at 10:02 PM, K1visaHopeful said:

If she entered the US on a tourist visa with intentions to adjust status that's visa fraud.

It may be difficult to prove she didn't as you already has intentions to immigrate when you filed I130 when she was abroad.

Be very careful. Punishment can be deportation and a ban from the US.

Intent for us citizen spouses is established at poe, so she's already in the clear for that. If she is actually currently in the country, you can do aos. If she's not currently here, then coming here and doing aos would be fraud. Also, as others have said, she cannot work remotely until she has her ead card.

[K1visaHopeful 2,878]

Partially correct.

Mostly not.

They will attend a GC interview together.

They will be asked their intentions prior to her entry.

More than likely a Stokes.

They can't lie and they will be required to explain the circumstances.

It's likely on record already that the CBP officer reminded the beneficiary upon entry that she couldn't adjust.

There have been many who have been deported and banned for visa fraud way after the fact.

 

Edited January 20, 2022 by K1visaHopeful