Why does the US hate AOS from tourist visas?

[DaveAndAnastasia 2,092]

17 hours ago, SteveInBostonI130 said:

I have read many stories of dating and romance scams involving Ukrainian women.  I did a lot of research when I started chatting to my wife, just in case.  The mail-order-bride industry there was notorious.  Odessa, Nikolaev and also Cartagena, Columbia, for some reason.

 

Most tend to be local scams where the woman (or perhap a man if the guy never met his "beloved" and  only texted) swindles as much as they can and never show up in the US/UK/etc.  I don't know of one personally that involved actual fiance or spouse visa scam, but I believe there must be some cases out there.

 

The point I was trying to get across was that for fiance and spouse visas are considered low risk in Ukraine.  They don't go through the scrutiny of some other countries.

My quick summary on why despite all the stories about mail-order-bride scams someone might have heard, Russia and Ukraine are not high fraud for fiancé(e) or spousal visas.

 

Russia is not high fraud because the large majority of fake "Russian mail order brides" are in fact Ukrainians.

 

Ukraine is not high fraud because the women involved in fake "Russian mail order bride" scams almost always have no intention of actually marrying the western guys, or even meeting them (and often didn't provide anything to the scam dating site beyond a picture).

[Ben & Katy 168]

19 hours ago, TBoneTX said:

Swearing believably to the consular officer at the tourist-visa interview that one intends to return is a matter of faith.  Often, the only thing that the CO has to go on is the applicant's travel history -- a good record of visiting other countries and returning.

 

Entering on a tourist visa is one thing.  However, there's nothing to stop the "change of mind at baggage claim."

 

Congress needs to revise immigration law to prohibit adjustment of status from tourist visas -- period.

I would like that because the ones that came in on CR1 from the embassies go through hell at removal of conditions time just because they got their CR1 abroad.  While someone that adjusted from a tourist visa that gets a CR1 skates through the ROC process just because they did everything here versus at the department of state. 

[Redro 4,611]

16 hours ago, DaveAndAnastasia said:

My quick summary on why despite all the stories about mail-order-bride scams someone might have heard, Russia and Ukraine are not high fraud for fiancé(e) or spousal visas.

 

Russia is not high fraud because the large majority of fake "Russian mail order brides" are in fact Ukrainians.

 

Ukraine is not high fraud because the women involved in fake "Russian mail order bride" scams almost always have no intention of actually marrying the western guys, or even meeting them (and often didn't provide anything to the scam dating site beyond a picture).

small voice because we were told not to post about this anymore...

My experience of "mail order brides from Ukraine" involved women who were dedicated to securing the green card/citizenship and would only divorce after they became citizens.

What is 3 years married to some dude for a better life in the US? 

>>>based on the true story of some dude I met here in Korea<<< 

Edited May 25, 2022 by ROK2USA

[Kai G. Llewellyn 832]

20 hours ago, Ben & Katy said:

I would like that because the ones that came in on CR1 from the embassies go through hell at removal of conditions time just because they got their CR1 abroad.  While someone that adjusted from a tourist visa that gets a CR1 skates through the ROC process just because they did everything here versus at the department of state. 

To be fair whether or not AoS from B/VWP is allowed or not won't make an iota of difference regarding the RoC Process outside of you incurring RoC misery onto others, and I say that as someone who came in via CR-1.

 

What does make a difference is that recent policy changes allow those who came in via Consular Processing to have their I-751 interviews waived now.

Edited May 25, 2022 by Kai G. Llewellyn

[Ben & Katy 168]

On 5/25/2022 at 11:43 AM, Kai G. Llewellyn said:

To be fair whether or not AoS from B/VWP is allowed or not won't make an iota of difference regarding the RoC Process outside of you incurring RoC misery onto others, and I say that as someone who came in via CR-1.

 

What does make a difference is that recent policy changes allow those who came in via Consular Processing to have their I-751 interviews waived now.

Incurring ROC misery onto others? LOL

[HarryWL 262]

Honestly it's probably because the majority of cases are purely to circumvent US immigration laws, that skip the line to be with your spouse. (Even though it's a legal process, it's still kinda shady when it comes to individuals intent). To completely have no ties back home and do an AOS from a tourist visa seems extremely convenient. 

Edited June 3, 2022 by HarryWL

[JR & RT 16]

I’m gonna add my 2 cents here since this is a topic that generates a lot of heat.

 

I did my AOS from a B2 visa with a pending consular processing (DQ waiting for interview). The B1/B2 was renewed while waiting for consular processing

 

Most of the people here are right. Adjusting from tourist visa has a lot of risk but it doesn’t make it automatically “fraud”

 

My wife got her GC through EB2 (AOS from B2 visa also) back in August 2018 and immediately we requested consular processing in Mexico (I-824 to NVC). Travelled back & forward to the US between 2018 and 2020. My tourist visa expired in July 2020 and I was able to renew it in March 2021. No question asked about my consular processing.

Came to the US and asked my lawyers about any alternative to the consular processing. They immediately suggested the AOS. I was reluctant but then they showed me all their cases and results (it is a pretty fancy law firm in South Florida) It is something more common that I thought, but you need some kind  of backstory, like mine (married before my wife applied for her GC, years of waiting, USCiS - NVC delays, months of separation, etc)

 

I submitted my AOS in September 2021 and got my GC in January 2022.

 

So yes, it is doable but with risks involved.  

[Boiler 45,442]

What are the high risks involved?

 

What did your backstory have to do with adjusting?"

[MarlinMan 1]

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?

USCIS is like fruit. If you ask to be a orange and then you try to be an apple. It goes back to the person that approved your tourist visa in the 1st place. Was there deception in the 1st place. What are you hiding?

[Daphne . 1,852]

40 minutes ago, JR & RT said:

I’m gonna add my 2 cents here since this is a topic that generates a lot of heat.

 

I did my AOS from a B2 visa with a pending consular processing (DQ waiting for interview). The B1/B2 was renewed while waiting for consular processing

 

Most of the people here are right. Adjusting from tourist visa has a lot of risk but it doesn’t make it automatically “fraud”

 

My wife got her GC through EB2 (AOS from B2 visa also) back in August 2018 and immediately we requested consular processing in Mexico (I-824 to NVC). Travelled back & forward to the US between 2018 and 2020. My tourist visa expired in July 2020 and I was able to renew it in March 2021. No question asked about my consular processing.

Came to the US and asked my lawyers about any alternative to the consular processing. They immediately suggested the AOS. I was reluctant but then they showed me all their cases and results (it is a pretty fancy law firm in South Florida) It is something more common that I thought, but you need some kind  of backstory, like mine (married before my wife applied for her GC, years of waiting, USCiS - NVC delays, months of separation, etc)

 

I submitted my AOS in September 2021 and got my GC in January 2022.

 

So yes, it is doable but with risks involved.  

I think you are missing the point.. Nobody was saying that it was impossible.
You mentioned that both you and your wife adjusted status from a tourist visa (not at the same time, I understand) so my question for you is: how does a person just stay in the US when they still have a job, house, ties to their home country? I find it so hard to imagine/ believe that somebody can just “change their mind” and stay, just like that? From a practical point of view as well? 
Our lawyer also offered that option to me when I was visiting my husband but we looked at her like she lost her mind because practically it makes ZERO sense to anybody who genuinly still has strong ties to their home country..

Edited June 6, 2022 by Daphne K

[JR & RT 16]

43 minutes ago, Boiler said:

What are the high risks involved?

 

What did your backstory have to do with adjusting?"

The risks? Taking into consideration my case, if the AOS wasn’t approved, would be going back to square one because I abandoned my consular processing.

 

As per the lawyers, in the probable case of an AOS interview (which didn’t happen), they may ask you why you did AOS and that backstory is your reason. As per them is plausible 

[Redro 4,611]

34 minutes ago, Daphne K said:

I think you are missing the point.. Nobody was saying that it was impossible.
You mentioned that both you and your wife adjusted status from a tourist visa (not at the same time, I understand) so my question for you is: how does a person just stay in the US when they still have a job, house, ties to their home country? I find it so hard to imagine/ believe that somebody can just “change their mind” and stay, just like that? From a practical point of view as well? 
Our lawyer also offered that option to me when I was visiting my husband but we looked at her like she lost her mind because practically it makes ZERO sense to anybody who genuinly still has strong ties to their home country..

Lawyers give out the AOS option like candy. They don't care about the risk or the hardship involved in adjusting. They're just think about the amount they can charge for each case.

 

 

[JR & RT 16]

45 minutes ago, Daphne K said:

I think you are missing the point.. Nobody was saying that it was impossible.
You mentioned that both you and your wife adjusted status from a tourist visa (not at the same time, I understand) so my question for you is: how does a person just stay in the US when they still have a job, house, ties to their home country? I find it so hard to imagine/ believe that somebody can just “change their mind” and stay, just like that? From a practical point of view as well? 
Our lawyer also offered that option to me when I was visiting my husband but we looked at her like she lost her mind because practically it makes ZERO sense to anybody who genuinly still has strong ties to their home country..

You said it: strong ties to their home country.

 

That’s not always the case. We left our home country more than a decade ago and have been living/working in different countries during this period. She got a job offer in the US and during the PERM process, she took an unpaid leave from her job. We have a couple of houses in the US so she came here and stay it as tourist until they approved the PERM and submitted the I-140/I-485. She went to the AOS interview and the officer didn’t ask much about it.

 

My case was a little bit different since I was working on rotating schedule all around Middle East. For me it had more sense the consular processing back then since I was working. That changed during COVID. So now I have a wife living in the US and with all the delays during the consular processing, that’s a “reason” to ask for AOS.

 

Now, that’s why your backstory is important. If you have a stable job, house and everything back home, yeah, you are right. But there are cases out there, like mine. 

Edited June 6, 2022 by JR & RT
Grammar

[Lady Rain 21]

On 5/23/2022 at 4:43 PM, Vickys_Mom said:

When you enter the country on a tourist visa, you're going to be asked questions about whether or not you plan to stay in the United States past the end of your tourist visa.  (I'm not familiar with the paperwork you fill out for a tourist visa, but I bet there are questions on it about whether you plan to stay.)

 

You are expected to answer the questions honestly.

 

If you come in on a tourist visa with the intent of staying and filing for AOS, you're breaking the law.  And if you should get caught, not only will you leave the U.S. but you may incur a ban that prevents you from returning to the United States for several years.  And every time you try to enter the U.S. afterwards, there will be an indicator on your file with USCIS that you lied to them at one point.

 

If you're willing to commit fraud just to avoid the wait, there's nothing that anyone here can say to stop you.

 

Regards,

Vicky's Mom

 

Do you know how many people have gotten married on a tourist visa and later adjust their status? Y’all need to stop with the scares tactics 

[ImagineMe 35]

I have a now ex chinese wife who abandoned the marriage when she thought she was going to get her 10 year greencard without an interview. She started immigrating her brother on false pretenses by getting him here on the tourist visa, then going to a lawyer in Chicago, which decided to have him start going to church in the US here, then file for Religious Asylum. She is also hiding her father here after he entered on a tourist visa. I've learned that anyone and everyone wants a quick way into our country and will use that tourist visa as a start. I think that's why it can be difficult to attain one.