AOS for wife from Tourist to PR, Intent change

[Singers 0]

We were asked immediately but it went more like this:

IO opens our file:

IO: So you are adjusting based on an approved K-3?

US: No, we are adjusting from VWP. We didn't finish the K-3 process.

IO: So tell me about that? What happened? Why didn't you follow through with the K-3? ....

Our situation was highly unusual. In fact our IO even said in his 17 years of working there he had never had our situation. That was it. Once we told him our reason(s) we went through the yes or no questions and that was it. Very simple. No questioning of intent other than what I just wrote.. no grilling... no separating us and questioning us... nothing.

[Kez/JWolf 6]

AT NO TIME IN ANY OF MY POSTS IN THIS THREAD HAVE I SAID THAT IT IS OK TO DO AOS WHEN YOU HAD INTENT AT ENTRY TO DO THAT......

I am still waiting for you to show me the link that says that it is illegal to file for AOS after entering the US on a non-immigrant visa and then changing your mind and filing for AOS....

As for the OP situation if his wife had not been able to prove to the CBP officer that she did not have intent then she would have been on the next flight back to France.... she was legally admitted to the US and therefore can file for AOS based on a visa number being immediately available to her because she is married to a USC....

In the 2 1/2 years that I have been on VJ and from talking to other members of VJ and other forums most people who file for AOS from a non-immigrant visa are NOT asked anything about their intent at entry... those who have been asked "When did you decide to remain in the US"? have given their reply and it has been accepted....

Now if you would like to show me the law that says it is illegal we can finish this discussion and allow the OP to use the information available and talk it all over with their lawyer......

Kez

[zqt3344 21]

AT NO TIME IN ANY OF MY POSTS IN THIS THREAD HAVE I SAID THAT IT IS OK TO DO AOS WHEN YOU HAD INTENT AT ENTRY TO DO THAT......

I am still waiting for you to show me the link that says that it is illegal to file for AOS after entering the US on a non-immigrant visa and then changing your mind and filing for AOS....

As for the OP situation if his wife had not been able to prove to the CBP officer that she did not have intent then she would have been on the next flight back to France.... she was legally admitted to the US and therefore can file for AOS based on a visa number being immediately available to her because she is married to a USC....

In the 2 1/2 years that I have been on VJ and from talking to other members of VJ and other forums most people who file for AOS from a non-immigrant visa are NOT asked anything about their intent at entry... those who have been asked "When did you decide to remain in the US"? have given their reply and it has been accepted....

Now if you would like to show me the law that says it is illegal we can finish this discussion and allow the OP to use the information available and talk it all over with their lawyer......

Kez

AND you just do not get it nor do you read or respect US law at all. It was obvious the poster was not coming here to visit or be a tourist based on his question and facts he presented, thus it is what it is, visa fraud if they stay and marry on that tourist visa and this is after the border agent tells them to go back and file proper forms AND after another poster tells the factual story of someone being flagged on their passport for this later at an interview. Now maybe when you slid in here about 3 years ago USCIS was not enforcing this law much but it has changed, they are watching it now closely, think about it. AND no where do you show me a link or proof that it is not visa fraud for intending to marry on at tourist visa when you take oath and answer question not to do so on that tourist visa.

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

[Kez/JWolf 6]

AT NO TIME IN ANY OF MY POSTS IN THIS THREAD HAVE I SAID THAT IT IS OK TO DO AOS WHEN YOU HAD INTENT AT ENTRY TO DO THAT......

I am still waiting for you to show me the link that says that it is illegal to file for AOS after entering the US on a non-immigrant visa and then changing your mind and filing for AOS....

As for the OP situation if his wife had not been able to prove to the CBP officer that she did not have intent then she would have been on the next flight back to France.... she was legally admitted to the US and therefore can file for AOS based on a visa number being immediately available to her because she is married to a USC....

In the 2 1/2 years that I have been on VJ and from talking to other members of VJ and other forums most people who file for AOS from a non-immigrant visa are NOT asked anything about their intent at entry... those who have been asked "When did you decide to remain in the US"? have given their reply and it has been accepted....

Now if you would like to show me the law that says it is illegal we can finish this discussion and allow the OP to use the information available and talk it all over with their lawyer......

Kez

AND you just do not get it nor do you read or respect US law at all. It was obvious the poster was not coming here to visit or be a tourist based on his question and facts he presented, thus it is what it is, visa fraud if they stay and marry on that tourist visa and this is after the border agent tells them to go back and file proper forms AND after another poster tells the factual story of someone being flagged on their passport for this later at an interview. Now maybe when you slid in here about 3 years ago USCIS was not enforcing this law much but it has changed, they are watching it now closely, think about it. AND no where do you show me a link or proof that it is not visa fraud for intending to marry on at tourist visa when you take oath and answer question not to do so on that tourist visa.

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

Are you accusing me of visa fraud??????

You still have not shown me where this law is that says if you change your mind about going back to your country you will be breaking the law if you file for AOS.....

And for your information you are confusing getting married on a Tourist visa/VWP and Adjusting from a Tourist Visa/ VWP after choosing to remain.... they are two very diffrent things.... go have another read of the law that I gave you the link too....

Until you can show me that law then as far as I and many others here you are talking a load of BS....

I suggest you either put up or shut up....

Kez

[rika60607 215]

I think you actually have an excellent case

Your wife could have changed her mind to staying SIMPLY BECAUSE she was given a good grilling at the POE and now she is worried that she will not be able to travel freely and see you if she leaves the US and goes through a normal (out-of country) greencard application (9 months separation is scary, is it not?!)

Heh, sounds like Immigration officials shot themselves in the foot

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?

[rika60607 215]

Dude, this is quite boring, stubborn AND wrong

It was obvious the poster was not coming here to visit or be a tourist based on his question and facts he presented, thus it is what it is, visa fraud if they stay and marry on that tourist visa and this is after the border agent tells them to go back and file proper forms AND after another poster tells the factual story of someone being flagged on their passport for this later at an interview.

Thankfully you are not the one making laws It is also clear why

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

[zqt3344 21]

We were asked immediately but it went more like this:

IO opens our file:

IO: So you are adjusting based on an approved K-3?

US: No, we are adjusting from VWP. We didn't finish the K-3 process.

IO: So tell me about that? What happened? Why didn't you follow through with the K-3? ....

Our situation was highly unusual. In fact our IO even said in his 17 years of working there he had never had our situation. That was it. Once we told him our reason(s) we went through the yes or no questions and that was it. Very simple. No questioning of intent other than what I just wrote.. no grilling... no separating us and questioning us... nothing.

Singers

I agree with you and what you did, that is what it is for, people like you that have that sort of unique situation occur and need it. Not those that knowingly intend to get married and have a tourist visa or access to the USA with another visa and then claim oh well we were in love and decided to get married on this tourist visa, knowing full well that is not true especially after having visited the USA numerous times, they simply did not want to follow the rules or the law and wait or pay the fees for this marriage visa. Plain and simple. These other people are only going to ruin it for people like you that truly need it for it is a loophole in the laws that will eventually be shut down because of the abuse of it.

Dude, this is quite boring, stubborn AND wrong

It was obvious the poster was not coming here to visit or be a tourist based on his question and facts he presented, thus it is what it is, visa fraud if they stay and marry on that tourist visa and this is after the border agent tells them to go back and file proper forms AND after another poster tells the factual story of someone being flagged on their passport for this later at an interview.

Thankfully you are not the one making laws It is also clear why

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

I agree you are boring, and thank goodness you are not making any laws either.

[Mrs.J06 4]

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

This is why I think all couples who change their minds and decide to go this route should consult with an attorney and discuss THEIR PERSONAL SITUATION and what exactly was asked and said at the POE. If the attorney thinks their case is likely heading for trouble, I would take that advise and go the K-whatever route.

[zqt3344 21]

AT NO TIME IN ANY OF MY POSTS IN THIS THREAD HAVE I SAID THAT IT IS OK TO DO AOS WHEN YOU HAD INTENT AT ENTRY TO DO THAT......

I am still waiting for you to show me the link that says that it is illegal to file for AOS after entering the US on a non-immigrant visa and then changing your mind and filing for AOS....

As for the OP situation if his wife had not been able to prove to the CBP officer that she did not have intent then she would have been on the next flight back to France.... she was legally admitted to the US and therefore can file for AOS based on a visa number being immediately available to her because she is married to a USC....

In the 2 1/2 years that I have been on VJ and from talking to other members of VJ and other forums most people who file for AOS from a non-immigrant visa are NOT asked anything about their intent at entry... those who have been asked "When did you decide to remain in the US"? have given their reply and it has been accepted....

Now if you would like to show me the law that says it is illegal we can finish this discussion and allow the OP to use the information available and talk it all over with their lawyer......

Kez

AND you just do not get it nor do you read or respect US law at all. It was obvious the poster was not coming here to visit or be a tourist based on his question and facts he presented, thus it is what it is, visa fraud if they stay and marry on that tourist visa and this is after the border agent tells them to go back and file proper forms AND after another poster tells the factual story of someone being flagged on their passport for this later at an interview. Now maybe when you slid in here about 3 years ago USCIS was not enforcing this law much but it has changed, they are watching it now closely, think about it. AND no where do you show me a link or proof that it is not visa fraud for intending to marry on at tourist visa when you take oath and answer question not to do so on that tourist visa.

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

Are you accusing me of visa fraud??????

You still have not shown me where this law is that says if you change your mind about going back to your country you will be breaking the law if you file for AOS.....

And for your information you are confusing getting married on a Tourist visa/VWP and Adjusting from a Tourist Visa/ VWP after choosing to remain.... they are two very diffrent things.... go have another read of the law that I gave you the link too....

Until you can show me that law then as far as I and many others here you are talking a load of BS....

I suggest you either put up or shut up....

Kez

You just show your true colors, thank you very much.

[Kez/JWolf 6]

We were asked immediately but it went more like this:

IO opens our file:

IO: So you are adjusting based on an approved K-3?

US: No, we are adjusting from VWP. We didn't finish the K-3 process.

IO: So tell me about that? What happened? Why didn't you follow through with the K-3? ....

Our situation was highly unusual. In fact our IO even said in his 17 years of working there he had never had our situation. That was it. Once we told him our reason(s) we went through the yes or no questions and that was it. Very simple. No questioning of intent other than what I just wrote.. no grilling... no separating us and questioning us... nothing.

Singers

I agree with you and what you did, that is what it is for, people like you that have that sort of unique situation occur and need it. Not those that knowingly intend to get married and have a tourist visa or access to the USA with another visa and then claim oh well we were in love and decided to get married on this tourist visa, knowing full well that is not true especially after having visited the USA numerous times, they simply did not want to follow the rules or the law and wait or pay the fees for this marriage visa. Plain and simple. These other people are only going to ruin it for people like you that truly need it for it is a loophole in the laws that will eventually be shut down because of the abuse of it.

Dude, this is quite boring, stubborn AND wrong

It was obvious the poster was not coming here to visit or be a tourist based on his question and facts he presented, thus it is what it is, visa fraud if they stay and marry on that tourist visa and this is after the border agent tells them to go back and file proper forms AND after another poster tells the factual story of someone being flagged on their passport for this later at an interview.

Thankfully you are not the one making laws It is also clear why

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

I agree you are boring, and thank goodness you are not making any laws either.

The fact that someone has visited the US many times before does not even come into the question.... the main issue is what their intent was on entry...

You started off by insisting that what I and many other have done is against the laws of the USA.... NOT SO... you are now saying that for me and Singers it is ok because we did not visit the US on many occasions.... well go back and re-read my posts you will find that I have known my now husband all my life and have visited the US at least once every year for the last 40+ years....

Make your mind up... it is either against the law and you need to show the evidence to prove that or it is not against the law and I and other that have posted our expirences here are correct....

Kez

[GabachaYucateca 0]

Kez

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

Hey there, dude. Take it down a notch. First, are you unaware that those who enter on a K1 also have to file for AOS?

And secondly, what are you going on about? It is NOT illegal to enter on a tourist visa entering with the intent to visit and then a)change your mind and marry your honey or b)meet, love, and marry. So you must CHILL. Especially when talking about the illegality of it...arriving on a nonimmigrant visa and then changing your circumstance or mind and then marrying and adjusting is SO not illegal. This is why people are allowed to ADJUST STATUS.

[Nicky44 0]

AND you just do not get it nor do you read or respect US law at all.

And that is why Kezzie and I have both posted quotes from the USCIS website.

It was obvious the poster was not coming here to visit or be a tourist based on his question and facts he presented,

Why is it obvious, has it not occured to you that they may have been on honeymoon over here, and then changed there minds, that they wanted to build a life here instead, it does happen.

thus it is what it is, visa fraud if they stay and marry on that tourist visa and this is after the border agent tells them to go back and file proper forms AND after another poster tells the factual story of someone being flagged on their passport for this later at an interview.

Of course the border agent is going to tell them to go back and file for a spousal visa, if he told them otherwise, then there would have been intent at POE

Now maybe when you slid in here about 3 years ago USCIS was not enforcing this law much but it has changed, they are watching it now closely, think about it.

I came over on a tourist visa, and overstayed for 2 years before we applied for AOS within the last 5 months. see my timeline.

AND no where do you show me a link or proof that it is not visa fraud for intending to marry on at tourist visa when you take oath and answer question not to do so on that tourist visa.

Cant work out what you are trying to say here.

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

You would think like that cos you are a sourpuss

[LaL 418]

This thread is getting kinda ugly. Fact of the matter is it is not all black & white, and what the OP presented to us as their facts leads us to provide the best anecdotal evidence we can. I agreed with Kezzie's assessment after researching and following other evidence on VJ for years. This was not some kind of veiled high five.

zqt3344 - I would apreciate you chilling out a bit - not just in this thread, but there is quite a bit of misinformation in your posts at times presented as fact. Thanks.

Let's get this thread back on topic - there are ways of having a difference in opinion without having a virtual smackdown. There is also something to be said about learning about the processes in which we did not go through. Educators & educatees can benefit alike. Let's all just try to be a little kinder.

[JenT 0]

zqt3344 - I would apreciate you chilling out a bit - not just in this thread, but there is quite a bit of misinformation in your posts at times presented as fact. Thanks.

[Kez/JWolf 6]

The facts regarding the Law have been clearly laid out.... there is nothing more to be discussed.. The Op has the information they have asked for and will be able to make a informed decission based on fact and the law as posted....

Kez