Why does the US hate AOS from tourist visas?

[shaolincrane 69]

Just now, Boiler said:

Just a box to tick, not a lot of difference adjust from a K than the VWP as far as they are concerned.

Right, it was just the implications from others members of dishonesty that compelled me to post. I know it happens, but it's not a blanket activity either.

[Boiler 45,441]

Just now, shaolincrane said:

Right, it was just the implications from others members of dishonesty that compelled me to post. I know it happens, but it's not a blanket activity either.

Well your situation was very unusual.

[bradoony 54]

On 5/23/2022 at 4:32 PM, Jordanian Bride said:

Hey guys, don't jump on the hate train! We're not planning to do that, and can't anyway.

 

I've been studying the immigration process very closely ever see we embarked on this journey, and I don't get it from a US point of view. If you adjust status, then you qualify for a green card, and your visa bulletin is current. It's not like you are adjusting status despite an ineligibility to do so. What kind of problems, possibly security or workload related does it create for USCIS for aliens to adjust status from a tourist visa?

 

I am not looking for an answer like "Well, it wouldn't be fair to the immigrants who went through consular processing." I know it isn't fair, but USCIS doesn't care about how we feel, so what's the actual reason?

I Adjusted my status from tourism visa after got married and I was lucky got approved in 4 months. It all depends, If you are not in USA and come with this intend its not good . I did not plan it but Covid happened while vising my husband originally for 1 month and he proposed to me and did not want to be separated. We got married during my 6 month stay permitted and I was never asked any questions about it. 

Edited August 12, 2022 by bradoony

[STO Overland 137]

On 5/23/2022 at 4:00 PM, JeanneAdil said:

• Because it bypasses the entire system of security checks in the home country that is done there by the embassy
• and USCIS has to do it from here which ties up the federal system(s) that have to search for answer(s) and security checks from foreign governments 

Doing this involves several branches of the federal government

for one a tourist does not have to provide a criminal report and medical exam so all the paperwork that would have been done from homeland now has to be done from here and is much harder to do especially from governments that are poor record keepers 

With regards to security checks, ESTÁ is no different from those who come into the US via a L1. I was able to get my L1 within 2 -3 weeks over a Christmas break since my company hold a blanket I-129. No police records to be submitted, no finger prints taken, no medical asked for, no questions about my immigrant intent (L1 being a dual intent visa and I’m married to a US citizen) - I didn’t do AOS until 3 years later. 

[Redro 4,611]

13 hours ago, STO Overland said:

With regards to security checks, ESTÁ is no different from those who come into the US via a L1. I was able to get my L1 within 2 -3 weeks over a Christmas break since my company hold a blanket I-129. No police records to be submitted, no finger prints taken, no medical asked for, no questions about my immigrant intent (L1 being a dual intent visa and I’m married to a US citizen) - I didn’t do AOS until 3 years later. 

https://www.nnuimmigration.com/l1-visa-document-checklist/

Looking at the process for obtaining an L1 visa. The company has to do a lot of work behind the scenes... 

Plus you are going to the US to work and help the US economy. 

Very different to someone on ESTA or a tourist visa entering the US with intent to adjust. 

I believe F1 visa holders do not have to provide PCCs... 

Comparing adjusting on L1 or F1 is a completely different conversation to adjusting on B1/B2 or ESTA. 

 

[STO Overland 137]

9 minutes ago, ROK2USA said:

https://www.nnuimmigration.com/l1-visa-document-checklist/

Looking at the process for obtaining an L1 visa. The company has to do a lot of work behind the scenes... 

Plus you are going to the US to work and help the US economy. 

Very different to someone on ESTA or a tourist visa entering the US with intent to adjust. 

I believe F1 visa holders do not have to provide PCCs... 

Comparing adjusting on L1 or F1 is a completely different conversation to adjusting on B1/B2 or ESTA. 

 

Please read what I quoted, which was in regards to lack of ESTA security checks being the reason why USCIS “hates” AOS from ESTA.. Nothing more, nothing less.

 

a blanket I-129 is only given to Companies whom the US government trusts in regards to US visas. 

Edited August 27, 2022 by STO Overland

[nekotakacho 60]

On 6/28/2022 at 8:12 PM, Jess A said:

It is not VJ itself. It is a group of senior members. My humble opinion again. 

I agree with you 100%, there is a lot of bad advice from certain regulars here, who are rude and condescending. It’s not even worth going into detail with them, as they are stuck in their ways.

 

You can AOS from a B2 by seeking asylum, that’s one way. Ukrainians, Russians are all seeking asylum and I know several doing this. VJ will tell you that you’re a vile evil person, but they’re just ignorant.

[speedster 26]

When you arrive on any tourist visa you're expected to be there for tourism, no matter what happens. If you're plans changed go back to your legal place of residence and start the paperwork there.

 

I really do wish they would stop allowing AOS from anyone that arrives via a tourist visa.

 

It makes lives difficult for people like my wife who is married to a US citizen that just wants to visit family in the states just because of the massive amount of liars that enter via a tourist visa to adjust status.

[Jordanian Bride 268]

4 hours ago, speedster said:

When you arrive on any tourist visa you're expected to be there for tourism, no matter what happens. If you're plans changed go back to your legal place of residence and start the paperwork there.

 

I really do wish they would stop allowing AOS from anyone that arrives via a tourist visa.

 

It makes lives difficult for people like my wife who is married to a US citizen that just wants to visit family in the states just because of the massive amount of liars that enter via a tourist visa to adjust status.

I agree, it shouldn't be an option at all. That way US citizens' spouses could easily get tourist visas, and then go back to their own countries without being told to get a green card (which in such cases, they would abandon!).

[TBoneTX 45,244]

14 hours ago, speedster said:

the massive amount of liars that enter via a tourist visa to adjust status

Known in the consular business as "the change-of-mind at baggage claim."

[alexhensen987 0]

On 5/23/2022 at 1:59 PM, Jordanian Bride said:

Guys, y'all are not reading the post. I am not protesting and whining that we want to adjust status on a tourist visa. I come from a high visa fraud country, and I hate that we created that reputation for ourselves.

 

That being said, I am trying to discuss why it is unethical in the eyes of the law, and if there are security and other concerns I am overlooking. I know we have a strict policy against visa fraud, and I don't see how I am going against that? This is a discussion about USCIS concerns.

My fiance and I are just about ready to file for the K-1 this coming week. We're just wanting to make sure this would be the fastest route to be together.

[Jordanian Bride 268]

2 minutes ago, alexhensen987 said:

My fiance and I are just about ready to file for the K-1 this coming week. We're just wanting to make sure this would be the fastest route to be together.

It is not, but entering the US with the goal of adjusting status is fraud. I would suggest the spousal visa. The I-129F has an increasing backlog of 0.5 month each month.

[TBoneTX 45,244]

1 hour ago, alexhensen987 said:

We're just wanting to make sure this would be the fastest route to be together.

It's indeed fraud.  Avoid even thinking about it.

Now, the beneficiary can enter the U.S. on a tourist visa, marry the petitioner, and leave the U.S.  The petitioner would then file the I-130 petition, the approval of which enables the beneficiary to apply for a CR-1 visa.  The CR-1 is superior to the K-1 in several ways, and the process for both takes approximately the same time.

1 hour ago, alexhensen987 said:

ready to file for the K-1

A gentle correction, because precise terminology is important:  you're about to "file the I-129F petition, which, when approved, would enable the beneficiary to apply for a K-1 visa."   

 

[Isa & Phil 0]

On 5/23/2022 at 5:06 PM, Jordanian Bride said:

Thank you, you're the first to answer my question without preaching to the converted!

 

But I always thought, even if so, don't the immigrants adjusting status have to provide criminal report from their home country (and any other country they have resided in aged 16+)?

Doing AOS. And YES I had to provide criminal report from my home country. And If I had lived anywhere else, I would've had to provide it as well. I had my medical exam in the US and Biometrics in the US. 

Edited January 25, 2023 by Isa Olano
Forgot words