Can She Do This?

[Bob in Boston 675]

3 minutes ago, Mike E said:

The issue to me is that marrying and adjusting status with the bf is fine if it wasn’t planned in advance. However, flying in the daughter makes it more likely the mother’s plan to adjust was premeditated. Even if all those comes together, at N-400 time USCIS can review the entire case from original POE to date of interview.  Which we’ve seen before.

Great opinion Mike, Karma might get them in the end

Edited March 5, 2023 by Bob in Boston

[Lil bear 4,149]

30 minutes ago, Bob in Boston said:

I agree ..... just trying to save them some heartache

Good intention .. just sense they wont “hear” it. 

[Sammy_2496 116]

From what you have said;

- Her adjusting status would be fine as she did not have that intent when she entered the united states.

- Her bringing her daughter over with the intent of adjusting status would be fraud

[Boiler 45,314]

3 minutes ago, Mike E said:

I agree and also agree with @K1visaHopeful that mom can be deported at the extreme end of the spectrum. At the middle of the spectrum is a permanent ban for misrepresentation.  
 

The issue to me is that marrying and adjusting status with the bf is fine if it wasn’t planned in advance. However, flying in the daughter makes it more likely the mother’s plan to adjust was premeditated. Even if all those comes together, at N-400 time USCIS can review the entire case from original POE to date of interview.  Which we’ve seen before.  

I was trying to think of a scenario where she would be deported, interrupted by watching Liverpool smash Man U.

 

Let us just say it would take a lot and I have never seen such a case.

 

I assume she was planning to adjust when she entered as a tourist, I suppose it is possible to envisage a situation where this does not happen but must be very unusual, who goes on their Hols without needing to go home?

[Boiler 45,314]

The other factor is that the Daughter has a Father, now PI it may not be an issue but Sweden is different. May or may not be a factor.

[JeanneAdil 6,413]

1st   the child can not travel without father's consent (by him or court papers)

2nd  on what basis would the child adjust?

she could come with mother on a K2 or CR2 visa but adjust this way?????

 

wonder how an 8 year old without parents at interview will Get a tourist visa

 

CBP   says

Minors may be able to travel to another country without either one of their parents. They may however require a notarized written consent letter from both parents. 

https://help.cbp.gov/s/article/Article-449?language=en_US#:~:text=Traveling with children - Minors under,another country without their parents&text=Minors may be able to,consent letter from both parents.

 

does this woman understand she has to go for AOS interview and when she shows up with a young child ,  it will be pretty clear  to an immigration officer that she had immigrant intent 

 

2nd read what Mike E wrote as i believe that person ended up in front of immigration judge and this took place years after coming to the US and going for citizenship

Edited March 5, 2023 by JeanneAdil

[powerpuff 6,604]

~~ Topic moved from AOS K1 forum to AOS work/student/tourist visas as it centers around adjusting on tourist visa status ~~

[SalishSea 17,745]

2 hours ago, Bob in Boston said:

Her daughter is 8 years and still at home in the Philippines, she plans on bringing her here (Flying her here as an unaccompied minor) to do this. This is what I say is fraud.

It is absolutely fraud.

 

This choice reinforces the patterns of behavior that make it difficult for people from the Philippines to get B visas.

[Cathi 5,742]

This is the exact reason why people have trouble obtaining B2 visas, because of people like this who think that they are above the law and cheat the system.. Honestly, I hope they get caught and I hope that one day adjustment of status from a B2 is abolished.

[CMJuilland 485]

 

Just to add (comment only borderlines on the actual immigration situation): maybe your friend does open her mind a little when you emphasize how hard she will make her daughter’s every step in the U.S. down the line - through no fault of her own (after all, the daughter is only eight). Fraud is still fraud (as already pointed out multiple times). Have her imagine the disappointment if the daughter were to go back and just wanted to visit in the future. She will have great difficulty if there is just a remote mention of fraud anywhere in her file. Also, her ESTA eligibility through her Swedish citizenship will be gone. Maybe envisioning that will move your friend a little; maybe it’s worth a try to save them the heartache. 

I hope your friend comes to her senses and gets in line just like everybody else has to. I know I should keep a cool head, but it’s people like her who make it hard for literally everybody else, and that makes me angry. 

Finally on a personal note: you seem to be a really good friend with all the patience you show this person - I would probably have given up long ago. 

[Bob in Boston 675]

3 hours ago, CMJuilland said:

Finally on a personal note: you seem to be a really good friend with all the patience you show this person - I would probably have given up long ago. 

This is my Buddys Stepdaughter dreaming all this stuff up. I already told him the consequenses of her actions and asked this question on here so he could see its not just me saying this. For that I thank you all. I cant talk to her as he is in Ca and Im in Ma, east and west coast. He came to me because I have been dealing with immigration for 6 years now. Again thank you all.

Mods please close out this subject

[Ontarkie 14,192]

~~Thread locked as requested by the OP~~