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Ashwin

Came on Visitor visa(B2) Help Help

By Ashwin in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Ashwin Apprentice

Ashwin   0

Posted
Filed: Other Timeline
Posted

Hey guys,

I need some help on my situation here.

I am here on a Visitor/b2/tourist visa, and i am gonna get married next month. Here is my situation and let me know if you think this will be suspicious in the eyes of the law.

- I came here last december to visit. I use to be a student in the us 3 years ago.

- Met someone last december. Went back home in Jan

- After spending time online with her for the past 3 month i decided to come visit again last month.

- And after a month, we are going to get married in Vegas next month

- I am in Dallas and i will go thru the DORA program.

Now, do you guys think i will have a problem with the AOS? What's bothering me is the fact that I was in the US in December and came back after such a short time.

THANKS A LOT FOR YOUR REPLIES :no:

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chocolaterie Community Regular

chocolaterie   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

do you have any present ties to your country? (ownership of property? etc)

Barbara (Canada) & Dallas (USC)

AOS

Nov 13 2005 EAD & I-485 sent to Chicago Lockbox

Nov 22, 2005 EAD & I-485 NOA1

Dec 15, 2005 Biometrics for EAD & I-485

Dec 19, 2005 EAD & I-485 Touched

Jan 21, 2006 Rec'd I-485 Fingerprint Reschedule Notice (AHHH!!!)

Feb 10, 2006 Fingerprint App't

Feb 1, 2006 EAD Approved!!!!

Feb 11, 2006 Rec'd EAD card

Feb 13, 2006 Applied for SSN

Feb 17, 2006 Rec'd SSN

Feb 23, 2006 I-485 Transferred to CSC (AHHH!!)

Mar 02, 2006 I-485 Has been received at CSC

Mar 13, 2006 I-485 Touched

Mar 14, 2006 I-485 Touched

Apr 15 & 25 2006 emailed CSC for status inquiry on I-485

Apr 26 2006 received a response from CSC, another response in 60 days (ahhhhh!!!)

Apr 27, 2006 I-485 Touched

Jun 17, 2006 I-485 Touched

Jun 19, 2006 I-485 Touched

Jun 20, 2006 I-485 Touched

July 3, 2006 emailed CSC again, no response given in the allotted 60 days time frame.

July 27, 2006 received a response from CSC, another response will be given in 30 days.. ha ha ha.

***app sent back to Missouri ***app sent to Chicago

Aug 21 2006 touched

Sept 29 2006 3rd year Anniversay

October 13, 2006 Immigration Interview - Need to return with Long Form Birth Certificate

October 13, 2006 Long Form Birth Cert ordered with expediated shipping

October 18, 2006 Birth Cert Received

October 19, 2006 2nd Immigration Interview - APPROVED

5-20 business days for the Green Card to arrive, maybe I'll be back to see my family before Christmas?

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Ashwin Apprentice

Ashwin   0

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Filed: Other Timeline
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Posted

I have a truck on my name, no property... and i have an itenerary ticket showing that i was suppost to go back today actually....

Kezzie, Of course i didnt come here with the intent of getting married...wink wink... :)

Is the burden of proof on them? or me?

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Kez/JWolf Mentor

Kez/JWolf   6

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Filed: Timeline
Posted

The burdon of proof is on you.... they assume that all people who do AOS on a visitors visa/VWP/tourist visa have intent to remain...

It can be done but you will need to be able to prove you had no intent at entry and you will not be able to leave the US for any reason until you have your greencard in your hand... you will not be able to work for about 3 -5 months...

your wink wink comment implies you did have intent and if this is the case you should either do K1 if you are not married or K3 if you are married... either way you would have to return home...

Kezzie

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Satellite Proficient

Satellite   1

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted (edited)
i have an itenerary ticket showing that i was suppost to go back today actually....
In my opinion that seems like very good proof that someone intended on going home after their trip was over. Couple that with a Vegas wedding which most assume to be spur of the moment.

You seem to have the right idea. File the I-130, I-485, I-765, and G325A at the appropriate place and you are on your way to adjusting status from a B2.

Although your "wink wink" comment is going to agitate some people, don't take their angry words to heart. The TOS of this website prohibit any member from providing any advice that is illegal. Unfortunately this also eliminates some common sense and practical advice in case specific situations.

Good luck.

Edited by Satellite
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chocolaterie Community Regular

chocolaterie   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Yeah adjusting from a visitor's visa is sort of a hot topic. You can adjust, just do what satellite said. You should get your ead within 90 days, and file advance parole if you intend on leaving the country before you get your greencard (that is if you haven't had any overstays). Have a great wedding, and take lots of pictures. I'm going to vegas next month too!

Barbara (Canada) & Dallas (USC)

AOS

Nov 13 2005 EAD & I-485 sent to Chicago Lockbox

Nov 22, 2005 EAD & I-485 NOA1

Dec 15, 2005 Biometrics for EAD & I-485

Dec 19, 2005 EAD & I-485 Touched

Jan 21, 2006 Rec'd I-485 Fingerprint Reschedule Notice (AHHH!!!)

Feb 10, 2006 Fingerprint App't

Feb 1, 2006 EAD Approved!!!!

Feb 11, 2006 Rec'd EAD card

Feb 13, 2006 Applied for SSN

Feb 17, 2006 Rec'd SSN

Feb 23, 2006 I-485 Transferred to CSC (AHHH!!)

Mar 02, 2006 I-485 Has been received at CSC

Mar 13, 2006 I-485 Touched

Mar 14, 2006 I-485 Touched

Apr 15 & 25 2006 emailed CSC for status inquiry on I-485

Apr 26 2006 received a response from CSC, another response in 60 days (ahhhhh!!!)

Apr 27, 2006 I-485 Touched

Jun 17, 2006 I-485 Touched

Jun 19, 2006 I-485 Touched

Jun 20, 2006 I-485 Touched

July 3, 2006 emailed CSC again, no response given in the allotted 60 days time frame.

July 27, 2006 received a response from CSC, another response will be given in 30 days.. ha ha ha.

***app sent back to Missouri ***app sent to Chicago

Aug 21 2006 touched

Sept 29 2006 3rd year Anniversay

October 13, 2006 Immigration Interview - Need to return with Long Form Birth Certificate

October 13, 2006 Long Form Birth Cert ordered with expediated shipping

October 18, 2006 Birth Cert Received

October 19, 2006 2nd Immigration Interview - APPROVED

5-20 business days for the Green Card to arrive, maybe I'll be back to see my family before Christmas?

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desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
 Timeline
Posted
Yeah adjusting from a visitor's visa is sort of a hot topic. You can adjust, just do what satellite said. You should get your ead within 90 days, and file advance parole if you intend on leaving the country before you get your greencard (that is if you haven't had any overstays). Have a great wedding, and take lots of pictures. I'm going to vegas next month too!

I wouldnt bother with the Advance Parole. If you came here as a visitor and intend to stay, the date on your I94 form is going to expire. If you leave the country even if you have an AP docuemnt, you are still unadmissible. Essentally you are stuck here until you get a green card. Read the warning on the AP application....it wont get you back into the country.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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LaL Veteran

LaL   418

Posted
Filed: AOS (apr) Timeline
Posted
i have an itenerary ticket showing that i was suppost to go back today actually....
In my opinion that seems like very good proof that someone intended on going home after their trip was over. Couple that with a Vegas wedding which most assume to be spur of the moment.

You seem to have the right idea. File the I-130, I-485, I-765, and G325A at the appropriate place and you are on your way to adjusting status from a B2.

Although your "wink wink" comment is going to agitate some people, don't take their angry words to heart. The TOS of this website prohibit any member from providing any advice that is illegal. Unfortunately this also eliminates some common sense and practical advice in case specific situations.

Good luck.

I agree with part of this Satellite, however is having a return ticket enough to feel safe to AOS from b2? I mean, in many cases having a round trip ticket is cheaper than a one way. I would think she would be more safe and should feel more comfortable if she still had a job, lease or something that ties her to the original country. But without further information, saying you should be fine based only on a return ticket... i dont know. Hopefully she has more proof that this wasnt intended.

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Ashwin Apprentice

Ashwin   0

Posted
Filed: Other Timeline
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Posted

You guys think it matters how big the wedding is? We were just gonna go to las vegas the 2 of us....

I can have my employers from where i am from fax something saying that i am on a leave without pay since i decided to get married here.... but i still wonder if they are gonna ask for that.... I dont have a lease.. i lived with my parents...

Kezzie.... seems you were here on a tourist visa also... Did anything about you coming in on a tourist visa come up in the interview?

thanks

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meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
Although your "wink wink" comment is going to agitate some people, don't take their angry words to heart. The TOS of this website prohibit any member from providing any advice that is illegal. Unfortunately this also eliminates some common sense and practical advice in case specific situations.

Good luck.

Interesting reply.

Maybe now the OP can see why I suggested he see an immigration attorney before he makes a move.

It seems that a gutload of preconceived intent would make that an even better move.

Ashwin, I recommend that you don't tell more lies, and don't ask people here to jeoprodize their own cases by advising you how to lie.

Go pay for real advice that belongs to you and you alone.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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ChristinaM Proficient

ChristinaM   0

Posted
Filed: Citizen (apr) Country: England
 Timeline
Posted

Ok.

I'm a tourist adjuster. When Kezzie and JayJay and AshleyCraigen and all the rest of us started posting on here we got all kinds of hassle for being visitors going through the AOS. We got that hassle because of people like you who blatantly flout the system and make grey areas out of black and white laws and give everyone a bad name. It's quite simple - if you had immigrant intent on entry, you are not allowed to adjust from tourist status. There's nothing complicated about that.

The burden of proof falls on you. I trust that you have something damn good to support your lies, and to be honest I rather hope that you don't. People like you are what makes it difficult for any tourist adjuster to get informed advice and respect.

Damn, it pees me off EVERY DAMN TIME someone does this.

[/rant]

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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Satellite Proficient

Satellite   1

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
People like you are what makes it difficult for any tourist adjuster to get informed advice and respect.
I completely disagree. If you recall the history of this site an entire section concerning tourist adjustments was removed because of pressure from a particular attorney.
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