Jump to content
spacemountain

AOS on ESTA with K1 pending

By spacemountain in Adjustment of Status from Work, Student, & Tourist Visas

 Share

26 posts in this topic

Recommended Posts

spacemountain Rookie

spacemountain   0

Posted
Timeline
Posted

My fiancé entered the US one week ago for 15 days with K-1 pending No NOA2 yet. CBP asked reason for visit and he provided proof he will return to his country and letter from my doctor and CBP read all the documents but did not enter anything into system. He's worried that it may be considered misrepresentation because it won't be shown that he has intention to go back. Im currently very ill and he came here to visit me after my surgery and the doctor gave him a letter for his employer to advise that he would be my caregiver and he also showed this to customs. Is it possible for us to Adjust his status while he's here even with k1 pending, I read in others topic that intent to marry and stay is not allowed, then how USCIS can know he had intention to go back and there was no misrepresentation because CBP did not enter anything on computer, just watch documents and let him in?

 

Do you think I must provide all proofs in the application I 130 he had intent to go back in his country like letter from my doctor, ticket return, letter fro; his job... and is it possible to adjust status?

 

Thank you

 

 

Link to comment
Share on other sites
OldUser Veteran

OldUser   6,602

Posted
Timeline
Posted (edited)
23 minutes ago, spacemountain said:

then how USCIS can know he had intention to go back and there was no misrepresentation because CBP did not enter anything on computer, just watch documents and let him in?

It's the other way round. USCIS assume everybody who enters the US may have an immigration intent, unless they prove otherwise. Especially if somebody enters and marries and or adjusts status within 60 days of coming. They don't have to prove, your fiance has to convince them he didn't have the intent to stay at the I-485 interview.

 

Does he still has a job / lease / assests in his home country? That would help. Plus a the letter from doctor should help, if your condition worsened unexpectedly. 

 

Good luck with everything and speedy recovery to you.

Edited by OldUser
Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,441

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Simple if they perceived he had immigrant intent he would not have been let in.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
OldUser Veteran

OldUser   6,602

Posted
Timeline
Posted (edited)
39 minutes ago, Boiler said:

Simple if they perceived he had immigrant intent he would not have been let in.

There's a chance the IO may re-evaluate the intent (retrospectively) during AOS interview.

 

This re-evaluation happens during multiple stages:

- When a person applies for US visa (consular interview)

- When a person enters the US (CBP)

- When a person seeks immigration benefit via AOS (IO)

 

Just because somebody was let into the US doesn't mean they are immune to accusations of misrepresentation / preconceived immigration intent from USCIS.

 

If, however, a person had legitimate change of circumstances and no prior plans of staying in the US during that trip, they should be fine.

Edited by OldUser
Link to comment
Share on other sites
Daphne . Proficient

Daphne .   1,852

Posted
Filed: Lift. Cond. (apr) Country: Netherlands
 Timeline
Posted (edited)
1 hour ago, spacemountain said:

My fiancé entered the US one week ago for 15 days with K-1 pending No NOA2 yet. CBP asked reason for visit and he provided proof he will return to his country and letter from my doctor and CBP read all the documents but did not enter anything into system. He's worried that it may be considered misrepresentation because it won't be shown that he has intention to go back. Im currently very ill and he came here to visit me after my surgery and the doctor gave him a letter for his employer to advise that he would be my caregiver and he also showed this to customs. Is it possible for us to Adjust his status while he's here even with k1 pending, I read in others topic that intent to marry and stay is not allowed, then how USCIS can know he had intention to go back and there was no misrepresentation because CBP did not enter anything on computer, just watch documents and let him in?

 

Do you think I must provide all proofs in the application I 130 he had intent to go back in his country like letter from my doctor, ticket return, letter fro; his job... and is it possible to adjust status?

 

Thank you

 

 

He was admitted so it seems that CBP wasn’t too worried about him possibly overstaying.


The one thing I would consider (very hard!) is that he won’t be able to work for a long time if you decide to adjust status. With you being sick (and not working for a while either?), this could be a challenge financially? Unless the both of you have plenty of savings of course.

 

I hope you’ll have a speedy recovery!

Edited by Daphne .

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

Link to comment
Share on other sites
OldUser Veteran

OldUser   6,602

Posted
Timeline
Posted (edited)
44 minutes ago, spacemountain said:

Thank you, do you think I must explain well with all documents on I 485 and I 130 he was going to go back but circumstances changed?

 

 

 

No, I wouldn't raise my hand and volunteer any extra information unless asked. But make sure your future spouse is well prepared for the interview and has solid answers IF this is ever asked.

Edited by OldUser
Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,441

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
59 minutes ago, spacemountain said:

Thank you, do you think I must explain well with all documents on I 485 and I 130 he was going to go back but circumstances changed?

Irrelevant.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,441

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
1 minute ago, spacemountain said:

Why it is It relevant, you think it will be fine at the end?

 

Thank you

In status which allows adustment.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,441

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
1 minute ago, spacemountain said:

You mean they approve automatically if they allow adjustment?

Nope

 

Nothing is automatic

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Make sure you can support the both of you for the next 8 months or so until he receives his employment authorization and can work. Also he if he leaves the US prior to receiving advance parole (about 8 months) the AOS will be considered abandoned.

Link to comment
Share on other sites
spacemountain Rookie

spacemountain   0

Posted
Timeline
  • Author
Posted
7 minutes ago, belinda63 said:

Make sure you can support the both of you for the next 8 months or so until he receives his employment authorization and can work. Also he if he leaves the US prior to receiving advance parole (about 8 months) the AOS will be considered abandoned.

Thank you so much, do you think we have chance to get approved?

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...