K3 Adjustment of Status Route

[Mags 112]

Just to provide some more evidence on this...

I have a friend who got engaged to a girl that was in the USA on an expired student visa. They got married here in the USA, then later went to an immigration lawyer who helped them through the adjustment of status. So even though she had overstayed her visa and was here illegally at the time, she was able to get her green card. So it's definately possible to do...it all depends on the circumstances.

But like I said, it all has to do with your intentions when you last came into the USA. If you were coming with the intent to immigrate you are most likely going to run into big problems when you try to adjust status.

The above is correct for the circumstances for which it is correct. However, qualifying to adjust status is not entirely dependant on your intentions at entry, in cases where the couple is already married. I think that's the more likely circumstance for the OP. In that case, changing our mind after you enter is no excuse. It's attempted visa fraud.

Let's not go further down the garden path until the OP provides the complete timeline.

Please do not tell people it is visa fraud when it is not.... as long as you entered the US legally and did not intend on immigrating at that time is is acceptable to just change your mind and file for AOS..... whether you are married at entry or not it does not matter...

Kez

Agreed. Visa fraud is rather a strong term to be used at this point in time.

[pushbrk 12,877]

Just to provide some more evidence on this...

I have a friend who got engaged to a girl that was in the USA on an expired student visa. They got married here in the USA, then later went to an immigration lawyer who helped them through the adjustment of status. So even though she had overstayed her visa and was here illegally at the time, she was able to get her green card. So it's definately possible to do...it all depends on the circumstances.

But like I said, it all has to do with your intentions when you last came into the USA. If you were coming with the intent to immigrate you are most likely going to run into big problems when you try to adjust status.

The above is correct for the circumstances for which it is correct. However, qualifying to adjust status is not entirely dependant on your intentions at entry, in cases where the couple is already married. I think that's the more likely circumstance for the OP. In that case, changing our mind after you enter is no excuse. It's attempted visa fraud.

Let's not go further down the garden path until the OP provides the complete timeline.

Please do not tell people it is visa fraud when it is not.... as long as you entered the US legally and did not intend on immigrating at that time is is acceptable to just change your mind and file for AOS..... whether you are married at entry or not it does not matter...

Kez

Agreed. Visa fraud is rather a strong term to be used at this point in time.

Well, then let me make it clear what I'm saying is visa fraud. You marry abroad. The USC comes home and files a petition for a CR1 visa. Later, the foreign spouse comes to the US on a tourist visa to visit during the process. They decide they don't want to be apart any longer, so they file for AOS. Doing so is an attempt at visa fraud.

That's the scenario I spelled out earlier. If it's not visa fraud, I don't know what is. Of course, this is just my opinion. Somebody would need to tell me why I'm wrong, not just object on the basis its a strong term. As for "at this time", I suspect but do not know, that this scenario matches the OP. I already said that.

[Mags 112]

Just to provide some more evidence on this...

I have a friend who got engaged to a girl that was in the USA on an expired student visa. They got married here in the USA, then later went to an immigration lawyer who helped them through the adjustment of status. So even though she had overstayed her visa and was here illegally at the time, she was able to get her green card. So it's definately possible to do...it all depends on the circumstances.

But like I said, it all has to do with your intentions when you last came into the USA. If you were coming with the intent to immigrate you are most likely going to run into big problems when you try to adjust status.

The above is correct for the circumstances for which it is correct. However, qualifying to adjust status is not entirely dependant on your intentions at entry, in cases where the couple is already married. I think that's the more likely circumstance for the OP. In that case, changing our mind after you enter is no excuse. It's attempted visa fraud.

Let's not go further down the garden path until the OP provides the complete timeline.

Please do not tell people it is visa fraud when it is not.... as long as you entered the US legally and did not intend on immigrating at that time is is acceptable to just change your mind and file for AOS..... whether you are married at entry or not it does not matter...

Kez

Agreed. Visa fraud is rather a strong term to be used at this point in time.

Well, then let me make it clear what I'm saying is visa fraud. You marry abroad. The USC comes home and files a petition for a CR1 visa. Later, the foreign spouse comes to the US on a tourist visa to visit during the process. They decide they don't want to be apart any longer, so they file for AOS. Doing so is an attempt at visa fraud.

That's the scenario I spelled out earlier. If it's not visa fraud, I don't know what is. Of course, this is just my opinion. Somebody would need to tell me why I'm wrong, not just object on the basis its a strong term. As for "at this time", I suspect but do not know, that this scenario matches the OP. I already said that.

Okay, I think that the wires got crossed somewhere. To adjust whilst over on a tourist visa while there is already a CR-1 ongoing would be visa fraud because you have already demonstrated that you intend to immigrate by applying for that visa.

To adjust, even when married with no visa application in the pipeline, whilst over on VWP etc and the intent at POE was not to immigrate at that time then that ISN"T visa fraud. Of course you would have to convince the immigration officer at your AOS interview that there was no intent to immigrate at that time.

[pushbrk 12,877]

Just to provide some more evidence on this...

I have a friend who got engaged to a girl that was in the USA on an expired student visa. They got married here in the USA, then later went to an immigration lawyer who helped them through the adjustment of status. So even though she had overstayed her visa and was here illegally at the time, she was able to get her green card. So it's definately possible to do...it all depends on the circumstances.

But like I said, it all has to do with your intentions when you last came into the USA. If you were coming with the intent to immigrate you are most likely going to run into big problems when you try to adjust status.

The above is correct for the circumstances for which it is correct. However, qualifying to adjust status is not entirely dependant on your intentions at entry, in cases where the couple is already married. I think that's the more likely circumstance for the OP. In that case, changing our mind after you enter is no excuse. It's attempted visa fraud.

Let's not go further down the garden path until the OP provides the complete timeline.

Please do not tell people it is visa fraud when it is not.... as long as you entered the US legally and did not intend on immigrating at that time is is acceptable to just change your mind and file for AOS..... whether you are married at entry or not it does not matter...

Kez

Agreed. Visa fraud is rather a strong term to be used at this point in time.

Well, then let me make it clear what I'm saying is visa fraud. You marry abroad. The USC comes home and files a petition for a CR1 visa. Later, the foreign spouse comes to the US on a tourist visa to visit during the process. They decide they don't want to be apart any longer, so they file for AOS. Doing so is an attempt at visa fraud.

That's the scenario I spelled out earlier. If it's not visa fraud, I don't know what is. Of course, this is just my opinion. Somebody would need to tell me why I'm wrong, not just object on the basis its a strong term. As for "at this time", I suspect but do not know, that this scenario matches the OP. I already said that.

Okay, I think that the wires got crossed somewhere. To adjust whilst over on a tourist visa while there is already a CR-1 ongoing would be visa fraud because you have already demonstrated that you intend to immigrate by applying for that visa.

To adjust, even when married with no visa application in the pipeline, whilst over on VWP etc and the intent at POE was not to immigrate at that time then that ISN"T visa fraud. Of course you would have to convince the immigration officer at your AOS interview that there was no intent to immigrate at that time.

That's why I spelled out the scenario that would be visa fraud.