AOS for wife from Tourist to PR, Intent change

[Kez/JWolf 6]

I came across this on a USCIS website, hope this shows that nobody is breaking the law if they want to adjust from tourist visa.

Kez I am with you, providing you can prove you had no "intent" when arriving at POE

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Thank you for finding that....

Now that I am home from Work I can give you the link to the law that allows people to do exactly what I and many many other have done....

http://www.uscis.gov/propub/ProPubVAP.jsp?...bca9c886cc72455

see section 8 CFR PART 245 subsection 1245.1

Makes for an interesting read.....

Kez

I am sure it does make for an interesting read for those that know and comprehend US English and law. You failed to see the part where it says clearly that is is visa FRAUD(that qualifies for breaking the law here in the USA) when you intend to get married on a tourist visa you procure, since you have have taken an oath not to do this when granted entry into the USA on that particular tourist visa. Marriage on a tourist visa is for those that fall in love and decide to do it on the spur of the moment to get married while visiting the USA, and with no prior intentions or plans to immigrate to the USA this way.

No where in the law does it mention falling in love after arrival... nor does it mention spur of the moment.... and no one here is talking about anyone who has planned to enter the US on a tourist visa/VWP with the intent to remain.....

Kez

[golfer1 0]

Just to clear things up a bit...my wife still has an apartment, bank accounts and all of her family in France. She still has a return ticket to France in late Nov. We were married in France (before she came to the US on her last tourist visa) so she did not come into the US as my fiancee planning on getting married and staying here. Let's also remember that the US Immigration officials Let her in and granted her a tourist visa! Why would they do that if they were 100% sure she would stay?

[zqt3344 21]

Just to clear things up a bit...my wife still has an apartment, bank accounts and all of her family in France. She still has a return ticket to France in late Nov. We were married in France (before she came to the US on her last tourist visa) so she did not come into the US as my fiancee planning on getting married and staying here. Let's also remember that the US Immigration officials Let her in and granted her a tourist visa! Why would they do that if they were 100% sure she would stay?

Go on break the law and have fun explaining this on your AOS interview for greencard. It is your choice.

[zqt3344 21]

I came across this on a USCIS website, hope this shows that nobody is breaking the law if they want to adjust from tourist visa.

Kez I am with you, providing you can prove you had no "intent" when arriving at POE

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Thank you for finding that....

Now that I am home from Work I can give you the link to the law that allows people to do exactly what I and many many other have done....

http://www.uscis.gov/propub/ProPubVAP.jsp?...bca9c886cc72455

see section 8 CFR PART 245 subsection 1245.1

Makes for an interesting read.....

Kez

I am sure it does make for an interesting read for those that know and comprehend US English and law. You failed to see the part where it says clearly that is is visa FRAUD(that qualifies for breaking the law here in the USA) when you intend to get married on a tourist visa you procure, since you have have taken an oath not to do this when granted entry into the USA on that particular tourist visa. Marriage on a tourist visa is for those that fall in love and decide to do it on the spur of the moment to get married while visiting the USA, and with no prior intentions or plans to immigrate to the USA this way.

No where in the law does it mention falling in love after arrival... nor does it mention spur of the moment.... and no one here is talking about anyone who has planned to enter the US on a tourist visa/VWP with the intent to remain.....

Kez

Agreed it does not say that you are not allowed to fall in love and marry, that is not what I am talking about, nice try but the subject at hand is, yes they did ask what if we have already married in France(that means they probably need a K3 or go to USA embassy in France and find out for certain what to file for), come back to the USA on a tourist visa for the 4th time in a year, got stopped by the USA border agent and questioned for an hour and told specifically to go back and apply for the correct thing, it is simple you break the law when you come marry on tourist visa with that intent, do you understand what visa fraud means, do you not remember that oath or question asked of you when you came to the USA on tourist visa are you going to have an intention to stay in the USA to immigrate when you really do plan to get married, you commit visa fraud. The law is clear on this matter, all you are trying to do is justify your behaviour!

[ELW 5]

Agreed it does not say that you are not allowed to fall in love and marry, that is not what I am talking about, nice try but the subject at hand is, yes they did ask what if we have already married in France(that means they probably need a K3 or go to USA embassy in France and find out for certain what to file for), come back to the USA on a tourist visa for the 4th time in a year, got stopped by the USA border agent and questioned for an hour and told specifically to go back and apply for the correct thing, it is simple you break the law when you come marry on tourist visa with that intent, do you understand what visa fraud means, do you not remember that oath or question asked of you when you came to the USA on tourist visa are you going to have an intention to stay in the USA to immigrate when you really do plan to get married, you commit visa fraud. The law is clear on this matter, all you are trying to do is justify your behaviour!

I have to agree completely and add that the above is superbly articulated.

[Singers 0]

Can we please argue based on the original poster's situation? They are already married. Visa fraud does not apply to them based on her coming to the US with the intent of getting married.

Now, if she had the intent of coming to the United States to adjust status....

[zqt3344 21]

Can we please argue based on the original poster's situation? They are already married. Visa fraud does not apply to them based on her coming to the US with the intent of getting married.

Now, if she had the intent of coming to the United States to adjust status....

We are doing that, clearly, and quoting USCIS policy and law.

Can we please argue based on the original poster's situation? They are already married. Visa fraud does not apply to them based on her coming to the US with the intent of getting married.

Now, if she had the intent of coming to the United States to adjust status....

Why not file a K3 then in France at US embassy since they got married there?

[Singers 0]

Because they don't want to and can technically skip that part of the process?

[zqt3344 21]

Because they don't want to and can technically skip that part of the process?

Oh really then I guess technically the border patrol officer that questioned them for an hour and told them to go back and file the correct way was just telling them that for fun, go on take the chance see what happens.

[LaL 418]

Kezzie is right on target with all of her posts on the topic.

[zqt3344 21]

Kezzie is right on target with all of her posts on the topic.

Righttttttttttttttttttttttttt

[Singers 0]

You still do not know the circumstances that prompted the original poster to change their mind. They could have told the truth to the POE officer (thus no intent) and then something happened to change their mind.

And while I do not want this to become personal, this situation happened to my husband and I. Our I-130 was approved, we had extenuating circumstances (which I do not want to broadcast) and we decided to adjust in country. It was not a decision to take lightly, but it was the right decision for us at that time.

My only point with my personal example is that not everything is black and white. We do not know if that is true of the original poster's circumstances either.

[zqt3344 21]

You still do not know the circumstances that prompted the original poster to change their mind. They could have told the truth to the POE officer (thus no intent) and then something happened to change their mind.

And while I do not want this to become personal, this situation happened to my husband and I. Our I-130 was approved, we had extenuating circumstances (which I do not want to broadcast) and we decided to adjust in country. It was not a decision to take lightly, but it was the right decision for us at that time.

My only point with my personal example is that not everything is black and white. We do not know if that is true of the original poster's circumstances either.

My point is Kez and LAL are not right when they try to change the topic and agree with each other by saying 'intent' does not matter and is not visa fraud for it is. And this is right on! Go on try it and see what happens, there is a chance you can get caught, if that is worth it to you then by all means do it. I base this all on the original statement of the poster, which it is clear a USCIS officer had concerns about it also, but for you people on here it seems you would rather try to circumvent the law or slid by on the fringes, oh well then so be it go for it by all means it is your life.

[Singers 0]

I take offense to the "you people" and for the record *I* did not set out to circumvent the system. (If I had I would have saved myself the filing fees for the K-3!! And trust me, if we went to the interview with the excuse of we were tired of waiting the IO wouldn't have found us funny!)

But I do understand your point. Intent is not something that should be taken lightly and is what constitutes misrep in these situations.

[Nicky44 0]

The OP has already told us that his wife still has her apartment, bank accounts etc.,, if there was intent, wouldn't she have given up the rental lease, wiped out the bank accounts etc.,

Another question ..... how many of you that Adjusted Status on a tourist visa was actually asked about "intent" at your interview. it wasnt bought up at all at my interview.

Edited November 14, 2007 by Nicky44