I NEED HELP with form I-485

[Katherine 0]

I'm filing for AOS these days, and of course I want to fill out the forms correctly, so here's a question for you: On the first page of the form under PART 2 - APPLICATION TYPE, I have to check one box from A-H. Since I arrived on a tourist visa almost two months ago and got married 3 days ago, I'm guessing that I should check box H? But what do I write as my explanation on the line underneath???? Any good advice???

[Nancy2015 2]

I'm filing for AOS these days, and of course I want to fill out the forms correctly, so here's a question for you: On the first page of the form under PART 2 - APPLICATION TYPE, I have to check one box from A-H. Since I arrived on a tourist visa almost two months ago and got married 3 days ago, I'm guessing that I should check box H? But what do I write as my explanation on the line underneath???? Any good advice???

It is being asked all the time - you need to check A. 100%

[Katherine 0]

I'm filing for AOS these days, and of course I want to fill out the forms correctly, so here's a question for you: On the first page of the form under PART 2 - APPLICATION TYPE, I have to check one box from A-H. Since I arrived on a tourist visa almost two months ago and got married 3 days ago, I'm guessing that I should check box H? But what do I write as my explanation on the line underneath???? Any good advice???

It is being asked all the time - you need to check A. 100%

THANKS ALOT:)

[Alt name 1]

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

[sunandmoon 450]

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

It would only be fraud if you enter the USA on a tourist visa with the INTENT to get married and remain in the USA.

[Alt name 1]

OH, ok. True, that's what we asked about. We didnt want to take the chance though, that during our interview, the interviewer would see that she entered, say, a couple months before we got married and then denied AOS / initiate removal because it had the appearance of fraud. It seemed to be a huge risk to our future.

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

It would only be fraud if you enter the USA on a tourist visa with the INTENT to get married and remain in the USA.

[zqt3344 21]

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

[Kez/JWolf 6]

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

Not true..... There is nothing to stop people getting married on a tourist visa there are 10000'sof people who come to the US every year to get married.... there is a very large industry based around weddings for tourists....

The problem is that if you come to the US with the idea that you will use a tourist visa to get married and then remain and adjust your status, it is the fact that you preplanned to remain in the US that makes it visa fraud...

If you entered the US with no plans to get married and then remain, but you end up getting married and then want to remain, the law allowes you to do this as you did not have intent to remain at entry....

The same goes for someone who is already married to a USC the can come on a tourist visa to visit their spouse and have no plans to remain and fully intends to return and apply for a spousal visa in the future.... but due to a change they want to remain. this is also allowed under the law...

IT IS ALL ABOUT YOUR INTENT AT THE TIME OF ENTRY INTO THE US.... NOT ABOUT WHERE OR WHEN YOU GOT MARRIED......

Kez

[DavidandJenny 1]

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

Not true..... There is nothing to stop people getting married on a tourist visa there are 10000'sof people who come to the US every year to get married.... there is a very large industry based around weddings for tourists....

The problem is that if you come to the US with the idea that you will use a tourist visa to get married and then remain and adjust your status, it is the fact that you preplanned to remain in the US that makes it visa fraud...

If you entered the US with no plans to get married and then remain, but you end up getting married and then want to remain, the law allowes you to do this as you did not have intent to remain at entry....

The same goes for someone who is already married to a USC the can come on a tourist visa to visit their spouse and have no plans to remain and fully intends to return and apply for a spousal visa in the future.... but due to a change they want to remain. this is also allowed under the law...

IT IS ALL ABOUT YOUR INTENT AT THE TIME OF ENTRY INTO THE US.... NOT ABOUT WHERE OR WHEN YOU GOT MARRIED......

Kez

Hmmnnn, I spoke with an Attorney awhile back about this issue (an immigration attorney..yeah right) anyway,he said you could. Then as was posted before here, also found out that this is fraud and that the person could be deported and could not return for 5 years. Also an attorney could lose his license for expressing this belief to anyone.

It is very hard to prove you werent planning on getting married...so use this method at your own risk.

[Kez/JWolf 6]

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

Not true..... There is nothing to stop people getting married on a tourist visa there are 10000'sof people who come to the US every year to get married.... there is a very large industry based around weddings for tourists....

The problem is that if you come to the US with the idea that you will use a tourist visa to get married and then remain and adjust your status, it is the fact that you preplanned to remain in the US that makes it visa fraud...

If you entered the US with no plans to get married and then remain, but you end up getting married and then want to remain, the law allowes you to do this as you did not have intent to remain at entry....

The same goes for someone who is already married to a USC the can come on a tourist visa to visit their spouse and have no plans to remain and fully intends to return and apply for a spousal visa in the future.... but due to a change they want to remain. this is also allowed under the law...

IT IS ALL ABOUT YOUR INTENT AT THE TIME OF ENTRY INTO THE US.... NOT ABOUT WHERE OR WHEN YOU GOT MARRIED......

Kez

Hmmnnn, I spoke with an Attorney awhile back about this issue (an immigration attorney..yeah right) anyway,he said you could. Then as was posted before here, also found out that this is fraud and that the person could be deported and could not return for 5 years. Also an attorney could lose his license for expressing this belief to anyone.

It is very hard to prove you werent planning on getting married...so use this method at your own risk.

It has nothing to do with planning to get married...................

It is all about you trying to use tourist visa to get into the US and then remaining..... if you are outside the US when you decide that this is a good way to cut down the time you might have to spend apart the YES IT IS VISA FRAUD AND NOT ADVISABLE.....

if you are here in the US and you did not know you were going to want to stay and now because of some reason you do want to stay then the law allows you do do AOS and remain..... yes you could be asked for proof that you intended to return to your home country and if you did not plan to come to the US and remain then you will have proof....

if you sold up all your stuff and left your job and had a farewell party for your family and friends then you are not going to be able to prove anything other than you planned it in advance and are committing visa fraud.....

Kez

[zqt3344 21]

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

Not true..... There is nothing to stop people getting married on a tourist visa there are 10000'sof people who come to the US every year to get married.... there is a very large industry based around weddings for tourists....

The problem is that if you come to the US with the idea that you will use a tourist visa to get married and then remain and adjust your status, it is the fact that you preplanned to remain in the US that makes it visa fraud...

If you entered the US with no plans to get married and then remain, but you end up getting married and then want to remain, the law allowes you to do this as you did not have intent to remain at entry....

The same goes for someone who is already married to a USC the can come on a tourist visa to visit their spouse and have no plans to remain and fully intends to return and apply for a spousal visa in the future.... but due to a change they want to remain. this is also allowed under the law...

IT IS ALL ABOUT YOUR INTENT AT THE TIME OF ENTRY INTO THE US.... NOT ABOUT WHERE OR WHEN YOU GOT MARRIED......

Kez

Hmmnnn, I spoke with an Attorney awhile back about this issue (an immigration attorney..yeah right) anyway,he said you could. Then as was posted before here, also found out that this is fraud and that the person could be deported and could not return for 5 years. Also an attorney could lose his license for expressing this belief to anyone.

It is very hard to prove you werent planning on getting married...so use this method at your own risk.

It has nothing to do with planning to get married...................

It is all about you trying to use tourist visa to get into the US and then remaining..... if you are outside the US when you decide that this is a good way to cut down the time you might have to spend apart the YES IT IS VISA FRAUD AND NOT ADVISABLE.....

if you are here in the US and you did not know you were going to want to stay and now because of some reason you do want to stay then the law allows you do do AOS and remain..... yes you could be asked for proof that you intended to return to your home country and if you did not plan to come to the US and remain then you will have proof....

if you sold up all your stuff and left your job and had a farewell party for your family and friends then you are not going to be able to prove anything other than you planned it in advance and are committing visa fraud.....

Kez

Kez

I do not believe it, I have new found respect for you, you are starting to come around and realize it! And you make very good reasoning and points with what you are saying for once. I and I am sure anyone else does not have a problem with someone adjusting status on a tourist visa and getting married while visiting the USA on a tourist visa, IF for the right reasons and the fact that it was a spur of the moment non-planned event. That is what that legal loophole is for, those people that truly need it, not those that simply do not want to wait or not have to be apart or do not want to pay the extra fees for K1, or file extra forms or submit extra documents, and jump ahead in line in the process. Believe me there are numerous people on here that could have taken the tourist visa route and gotten married on it, but we were all told by USCIS(along with USA embassy) and we all read the rules and laws that specifically say it is visa fraud and breaking immigration law if you intend to come to USA and get married while on that tourist visa and with plans to stay and immigrate to USA and not return on that tourist visa.

[rebeccajo 14]

zgt, I have a question for you.

Why is adjusting status from other visa types, or VWP entry, such an issue for you?

[JenT 0]

Tourist visa? You can get married on a tourist visa? I called the state department about that and they told me if we did that it would be fraud.

Not true..... There is nothing to stop people getting married on a tourist visa there are 10000'sof people who come to the US every year to get married.... there is a very large industry based around weddings for tourists....

The problem is that if you come to the US with the idea that you will use a tourist visa to get married and then remain and adjust your status, it is the fact that you preplanned to remain in the US that makes it visa fraud...

If you entered the US with no plans to get married and then remain, but you end up getting married and then want to remain, the law allowes you to do this as you did not have intent to remain at entry....

The same goes for someone who is already married to a USC the can come on a tourist visa to visit their spouse and have no plans to remain and fully intends to return and apply for a spousal visa in the future.... but due to a change they want to remain. this is also allowed under the law...

IT IS ALL ABOUT YOUR INTENT AT THE TIME OF ENTRY INTO THE US.... NOT ABOUT WHERE OR WHEN YOU GOT MARRIED......

Kez

Hmmnnn, I spoke with an Attorney awhile back about this issue (an immigration attorney..yeah right) anyway,he said you could. Then as was posted before here, also found out that this is fraud and that the person could be deported and could not return for 5 years. Also an attorney could lose his license for expressing this belief to anyone.

It is very hard to prove you werent planning on getting married...so use this method at your own risk.

It has nothing to do with planning to get married...................

It is all about you trying to use tourist visa to get into the US and then remaining..... if you are outside the US when you decide that this is a good way to cut down the time you might have to spend apart the YES IT IS VISA FRAUD AND NOT ADVISABLE.....

if you are here in the US and you did not know you were going to want to stay and now because of some reason you do want to stay then the law allows you do do AOS and remain..... yes you could be asked for proof that you intended to return to your home country and if you did not plan to come to the US and remain then you will have proof....

if you sold up all your stuff and left your job and had a farewell party for your family and friends then you are not going to be able to prove anything other than you planned it in advance and are committing visa fraud.....

Kez

Kez

I do not believe it, I have new found respect for you, you are starting to come around and realize it! And you make very good reasoning and points with what you are saying for once. I and I am sure anyone else does not have a problem with someone adjusting status on a tourist visa and getting married while visiting the USA on a tourist visa, IF for the right reasons and the fact that it was a spur of the moment non-planned event. That is what that legal loophole is for, those people that truly need it, not those that simply do not want to wait or not have to be apart or do not want to pay the extra fees for K1, or file extra forms or submit extra documents, and jump ahead in line in the process. Believe me there are numerous people on here that could have taken the tourist visa route and gotten married on it, but we were all told by USCIS(along with USA embassy) and we all read the rules and laws that specifically say it is visa fraud and breaking immigration law if you intend to come to USA and get married while on that tourist visa and with plans to stay and immigrate to USA and not return on that tourist visa.

Oh for God's sake.

[Kez/JWolf 6]

OH MAN.....

AT NO TIME HAVE I COME AROUND TO YOUR WAY OF THINKING I HAVE STATED THE FACTS ALL THE WAY THROUGH YOUR GAMES...

YOU HAVE BEEN ASKED TO TELL US WHY YOU HAVE SUCH AN ISSUE WITH PEOPLE DOING AOS FROM A TOURIST VISA OR VWP....

WELL???????

[Mags 112]

Kez

I do not believe it, I have new found respect for you, you are starting to come around and realize it! And you make very good reasoning and points with what you are saying for once. I and I am sure anyone else does not have a problem with someone adjusting status on a tourist visa and getting married while visiting the USA on a tourist visa, IF for the right reasons and the fact that it was a spur of the moment non-planned event. That is what that legal loophole is for, those people that truly need it, not those that simply do not want to wait or not have to be apart or do not want to pay the extra fees for K1, or file extra forms or submit extra documents, and jump ahead in line in the process. Believe me there are numerous people on here that could have taken the tourist visa route and gotten married on it, but we were all told by USCIS(along with USA embassy) and we all read the rules and laws that specifically say it is visa fraud and breaking immigration law if you intend to come to USA and get married while on that tourist visa and with plans to stay and immigrate to USA and not return on that tourist visa.

This is exactly what Kezzie has been saying all along, zgt3344. It is, in a matter of fact, you who has come around to her way of thinking...

Anyway, let's get back on topic, people.