AOS for wife from Tourist to PR, Intent change

[golfer1 0]

Hi - my new wife and I need some help please. Here is the situation:

We were married in France on 9/1/07 and both came back to the US (I am a US citizen) two days after. My wife was granted a tourist visa following over an hour of questioning by US immigration officials who challenged her intent on entering the country. They told her that she had traveled back and forth from France too many times (4) in one year. She had come to visit me on four seperate occassions this year. At the end of the interrogation, the officer said she should absolutely return to France at the end of her tourist visa and hire a good lawyer. She is here with me now in the US. We would prefer if she did not have to return to France throughout this process.

We are ready to file for a Green Card, but need some advice as the best route. I have been advised that we will need to convince immigration that she came in intending to return to France, but that she had "changed her mind" and now wanted to stay here in the US permanently.

Does anyone have any feedback/advice on this course of action? Do we absolutely need a lawyer to go through this process? What is the worst that can happen in this case if we file the paperwork successfully and then something goes wrong during the interview?

Thanks for any help.

Edited November 13, 2007 by golfer1

[raymaga 25]

You cannot adjust status from a tourist visa. You will need to apply for a spousal visa first. Your wife will have to return to France to have her medical exam and interview. She cannot stay in the U.S. permanently on a tourist visa.

Other VJ members with more experience with the spousal visas will have some good input for you, I'm sure.

Good luck.

Edited November 13, 2007 by raymaga

[reeses16 8]

From what you've said, I think its a very bad idea to try to apply for AOS based on the information you provided. (1) It sounds like she came here on a tourist visa but intended to stay in the US. (2) You don't have a US marriage certificate, its French so this will be a huge red flag. (3) She was questioned by an immigration officer when she entered. Perhaps something was noted about her at this time and would come up again during your AOS processing. If you applied under your current circumstances I'm pretty sure you would be denied for visa fraud; very worst case scenario your wife could be banned from the US.

The best thing is for her to return to France. And then you should file an application for one of the spousal visas (K1 or IR-C1, or DCF if it's an option at the US consulate in France and you meet the criteria). If you do this, you should not need a lawyer unless your case is complicated (convictions, etc.). The number of visits she has in one year should not matter.

[ELW 5]

Agreed with the others. Your wife will need to return to France and wait out the visa process, it is the only trouble-free, legal route open to you. Play it safe, please.

[bradcanuck 1]

You COULD adjust here, but chances are you will run into some major troubles based on what information you presented to us.

[Nicky44 0]

As Bradcanuck said yes you can adjust status here while she is visiting on a tourist visa.

but you have to prove that she had no intent on staying when she entered the US, does she own or rent a home back in France, does she still have a job, bank accounts, any ties with her own country.

if you can prove this, you should be ok. might be worth chatting to an immigration lawyer, or get an info pass at your locat office and speak to one of the Immigration officers there.

[Kez/JWolf 6]

As an immidiate relative of a USC there is nothing to stop her from coming to the US on vacation with the intent of returning to her home country after her vacation is over and then for whatever reason having a change of mind and deciding to stay.... this is allowed for and yes you can file for AOS.... at the AOS interview she may be asked about her intent at entry and she should have some evidence of her intent to return.... a letter from an employer stateing that she had planned to return to work on a given date, would be a good one.. or a copy of a lease or mortgage agreement from her home country.... I had a copy of the parking reciept and collection card from Glasgow Airport long term parking as that was where I had left my car... I also had my mortgage details sent to me by my mother and also a copy of the Power of attorney that I had set up t allow my mother to sell my home and deal with anything that needed to be done... I was not even asked about my intent on entry.... Yes I got married here but there has been other on VJ that were already married and simply changed their mind about being apart.... we did have a chat with a lawyer but we did the filing on our own.... we had no problems and were approved at interview... we are now just waiting for approval to lift conditions and then next year I am filing for Citizenship....

Good luck and what ever you choose to do, do not leave the US until you have spoken to a immigration lawyer...

Kez

[golfer1 0]

Kez - thanks for the info.

Do you not think it matters though that she was held at the airport and questioned? This wasn't the same as your case, correct?

Will this increase the difficulty of the interview process? I mean, we have no idea what they wrote in the computer about her.

When she was questioned, however, she did emphasize that she would be returning to France and that her life was still there.

Her tourist visa expires 12/1/07, so we need to make a decision asap.

Thanks!

[Kez/JWolf 6]

As long as she did not lie at the interview she had with the CBP and she did not have intent to remain the fact she was questioned should have no negative effects on the outcome of her AOS.... if anything it helps to prove that she was able to show to the CBP officer that she did not have intent to remain... because if they for one minuet thought that she did have intent she would have been denied and returned to France....

As I have said before a chat with a good immigration lawyer, who can look at all of the facts in your case will help to ease your mind and the lawyer should be able to pick up any area that could cause you any problems....

I would be better for you to file the paperwork before her I-94 expires.... so that she in never Out of Status.

Kez

[zqt3344 21]

As long as she did not lie at the interview she had with the CBP and she did not have intent to remain the fact she was questioned should have no negative effects on the outcome of her AOS.... if anything it helps to prove that she was able to show to the CBP officer that she did not have intent to remain... because if they for one minuet thought that she did have intent she would have been denied and returned to France....

As I have said before a chat with a good immigration lawyer, who can look at all of the facts in your case will help to ease your mind and the lawyer should be able to pick up any area that could cause you any problems....

I would be better for you to file the paperwork before her I-94 expires.... so that she in never Out of Status.

Kez

You are gaming the US immigration system when you do this and technically breaking US laws. This is a loophole that needs to be closed.

[Kez/JWolf 6]

As long as she did not lie at the interview she had with the CBP and she did not have intent to remain the fact she was questioned should have no negative effects on the outcome of her AOS.... if anything it helps to prove that she was able to show to the CBP officer that she did not have intent to remain... because if they for one minuet thought that she did have intent she would have been denied and returned to France....

As I have said before a chat with a good immigration lawyer, who can look at all of the facts in your case will help to ease your mind and the lawyer should be able to pick up any area that could cause you any problems....

I would be better for you to file the paperwork before her I-94 expires.... so that she in never Out of Status.

Kez

You are gaming the US immigration system when you do this and technically breaking US laws. This is a loophole that needs to be closed.

YOU ARE NOT BREAKING ANY LAW IN THE US..... The immigration laws allow for immediate relitives who were inspected at POE to change their mind and file to Adjust their Status it is not a loophole.....

Please show me a link where it says it is against the law....

There are 1000's of immediate relletives who file for AOS every year and are approved.... if it was against the law then I do not think USCIS would be approve any of them.... do you?

Maybe you think it should be against the law... well its not.... maybe you are just pissed because this option was not available to you... well it is a legal way to do AOS so unless you have evidence to show otherwise, your above statement is incorrect....

Kez

Edited November 13, 2007 by Kezzie

[zqt3344 21]

As long as she did not lie at the interview she had with the CBP and she did not have intent to remain the fact she was questioned should have no negative effects on the outcome of her AOS.... if anything it helps to prove that she was able to show to the CBP officer that she did not have intent to remain... because if they for one minuet thought that she did have intent she would have been denied and returned to France....

As I have said before a chat with a good immigration lawyer, who can look at all of the facts in your case will help to ease your mind and the lawyer should be able to pick up any area that could cause you any problems....

I would be better for you to file the paperwork before her I-94 expires.... so that she in never Out of Status.

Kez

You are gaming the US immigration system when you do this and technically breaking US laws. This is a loophole that needs to be closed.

YOU ARE NOT BREAKING ANY LAW IN THE US..... The immigration laws allow for immediate relitives who were inspected at POE to change their mind and file to Adjust their Status it is not a loophole.....

Please show me a link where it says it is against the law....

There are 1000's of immediate relletives who file for AOS every year and are approved.... if it was against the law then I do not think USCIS would be approve any of them.... do you?

Maybe you think it should be against the law... well its not.... maybe you are just pissed because this option was not available to you... well it is a legal way to do AOS so unless you have evidence to show otherwise, your above statement is incorrect....

Kez

Excuse me but what did the US agent tell them at the US border, Go Back and Return, they are doing their job and following the law and trying to enforce it. Key word "Intent", it is a loophole and it is breaking the law, and he clearly stated his intent in the above posts, which is how can I circumvent the immigration law of the USA and find a loophole, because we did not get the answer we wanted and we do not want to do what we know is right or what we were told to do in following the US immigration laws.

By the way this option you are speaking of was very much available to me, I being a law abiding, American born US citizen did not elect this option, instead I followed the law and did it right. And I am not pissed off, just disgusted in your arrogant cavalier attitude toward the UNITED STATES of AMERICA and it's laws. Unlike you, I love my country in a way you will never know and I do honor and follow it's laws and rules unlike people of your sort and kind that want to come to the USA yet not follow the rules but break them or circumvent them.

AND your statement is incorrect and you need to show where there was no "intent" to marry after they have been told point blank by a border control agent of the USA "GO BACK AND FILE THE PROPER WAY"

Sure they can do what you did and tell a lie to interview officer or lie on the application for AOS but as other posters have mentioned you are taking a very big chance and risk of being in serious trouble later or deportation or legal expenses. AND that is a fact.

[Kez/JWolf 6]

As long as she did not lie at the interview she had with the CBP and she did not have intent to remain the fact she was questioned should have no negative effects on the outcome of her AOS.... if anything it helps to prove that she was able to show to the CBP officer that she did not have intent to remain... because if they for one minuet thought that she did have intent she would have been denied and returned to France....

As I have said before a chat with a good immigration lawyer, who can look at all of the facts in your case will help to ease your mind and the lawyer should be able to pick up any area that could cause you any problems....

I would be better for you to file the paperwork before her I-94 expires.... so that she in never Out of Status.

Kez

You are gaming the US immigration system when you do this and technically breaking US laws. This is a loophole that needs to be closed.

YOU ARE NOT BREAKING ANY LAW IN THE US..... The immigration laws allow for immediate relitives who were inspected at POE to change their mind and file to Adjust their Status it is not a loophole.....

Please show me a link where it says it is against the law....

There are 1000's of immediate relletives who file for AOS every year and are approved.... if it was against the law then I do not think USCIS would be approve any of them.... do you?

Maybe you think it should be against the law... well its not.... maybe you are just pissed because this option was not available to you... well it is a legal way to do AOS so unless you have evidence to show otherwise, your above statement is incorrect....

Kez

Excuse me but what did the US agent tell them at the US border, Go Back and Return, they are doing their job and following the law and trying to enforce it. Key word "Intent", it is a loophole and it is breaking the law, and he clearly stated his intent in the above posts, which is how can I circumvent the immigration law of the USA and find a loophole, because we did not get the answer we wanted and we do not want to do what we know is right or what we were told to do in following the US immigration laws.

By the way this option you are speaking of was very much available to me, I being a law abiding, American born US citizen did not elect this option, instead I followed the law and did it right. And I am not pissed off, just disgusted in your arrogant cavalier attitude toward the UNITED STATES of AMERICA and it's laws. Unlike you, I love my country in a way you will never know and I do honor and follow it's laws and rules unlike people of your sort and kind that want to come to the USA yet not follow the rules but break them or circumvent them.

AND your statement is incorrect and you need to show where there was no "intent" to marry after they have been told point blank by a border control agent of the USA "GO BACK AND FILE THE PROPER WAY"

Sure they can do what you did and tell a lie to interview officer or lie on the application for AOS but as other posters have mentioned you are taking a very big chance and risk of being in serious trouble later or deportation or legal expenses. AND that is a fact.

You say it is against the law..... then prove it show me the law.... I and other like me who did AOS after entry on a VWP/Tourist visa have done nothing wrong... we have not broken any US law.... so unless you can prove your claim that it is illegal to do AOS from a VWP/Tourist visa I sugest you keep your thoughts to yourself... because you are misleading people....

Kez

[Mrs.J06 4]

I, personally, would not take the risk. Especially since she was questioned so intensively when entering the country.

Just food for thought: a woman I met at the embassy waiting for my K1 interview told me how she had been questioned when trying to enter for her previous visit, mostly about too many visits and intent to remain. At the end of the interrogation, the officer at the POE had told her nicely, but sternly to go back after the visit and file for the K1.

During her K1 interview, she was told that her passport had been "flagged" and that she had done the right thing. The CO told her "I'm so glad to see you here today, doing things the right way". Does that mean her AOS would have been denied had she tried to adjust in the US? Who knows, but is it worth the risk?

At least consult with an immigration attorney before making any decision.

[Kez/JWolf 6]

I, personally, would not take the risk. Especially since she was questioned so intensively when entering the country.

Just food for thought: a woman I met at the embassy waiting for my K1 interview told me how she had been questioned when trying to enter for her previous visit, mostly about too many visits and intent to remain. At the end of the interrogation, the officer at the POE had told her nicely, but sternly to go back after the visit and file for the K1.

During her K1 interview, she was told that her passport had been "flagged" and that she had done the right thing. The CO told her "I'm so glad to see you here today, doing things the right way". Does that mean her AOS would have been denied had she tried to adjust in the US? Who knows, but is it worth the risk?

At least consult with an immigration attorney before making any decision.

I agree with you... it may not be the best route for everyone to take... does that make it against the law to do it that way?? NO..... and as I have always said in all my post about doing AOS from a VWP/Tourist Visa... you need to have a consult with a immigration lawyer to go over your individual case and make sure that you are not going to do something that would be damaging to your case....

Kez