Aos/ead/ap from b2 visa

[cristina16 81]

still way better than using USC's just to get here.

Right! for others maybe..

Oh FYI - I have a 10 years multiple B1/B2 Visa since 2013 but will never choose to adjust from it and will not encourage or advise anyone about it.

Since that is your course of action, not completely illegal just be more patient in waiting.

[ParisHeart 19]

Not nearly as extensive of a background check as when a visa with immigrant intent is applied for. This is one big loop hole that is the "elephant in the room" since 9/11. All the hijackers came on tourist or student visas and had very limited checks done. Same today otherwise it would take months to obtain a tourist visa. I seriously doubt every person applying for a tourist visa is run through the CIA/FBI/DHS/Interpol system. I don't see a requirement for tourist visas for a police check.

As to citing the sources I can't but common sense should tell you the US keeps track of how many tourist visas are issued each year and what country they are from/issued in.

My husband came to USA a few times on a visitors visa, he underwent long security checks, and did submit a police cert.

[EM_Vandaveer 2,417]

Because a person who arrives on a tourist visa has not already undergone the background checks nor the verification of the relationship of course it will take longer for their paper work to be completed (in general). As to making it more difficult for others from their country to obtain a visitor's visa of course it will. This is just one more statistic for that country that a tourist visa is possibly being misused.

Based solely on my experience here on VJ, AOS from K-1 takes pretty long (6-8 months, sometimes longer), AOS from other visas seems to take 3-4 months.

[Dirty harry 25]

Right! for others maybe..

Oh FYI - I have a 10 years multiple B1/B2 Visa since 2013 but will never choose to adjust from it and will not encourage or advise anyone about it.

Since that is your course of action, not completely illegal just be more patient in waiting.

Cristina, I am sorry if it seemed like I overacted, congratulations by the way on getting your visa, I see from your timeline that you will be coming in June. I have gone through the entire k-1 visa experience,and now am going through the b/2 visa to AOS for the parents.. EM is right, its generally a much harder and longer process for the k-1 Visa. Honestly its to hard and long, and it needs to be changed. You said "its not completely illegal" But its not at all illegal to adjust from a Tourist visa. there is nothing wrong with it and it is not treated any differently than a k-1 visa. This issue is important to me because I have witnessed myself an incredible amount of false information on this forum about adjusting from tourist visas. Go look at my first few posts and see how many people immediately said it wasn't even possible and were trying to be as discouraging as possible.my intention is not to over react but to set the record straight. There is no visa hierarchy.

Harry

[cristina16 81]

Cristina, I am sorry if it seemed like I overacted, congratulations by the way on getting your visa, I see from your timeline that you will be coming in June. I have gone through the entire k-1 visa experience,and now am going through the b/2 visa to AOS for the parents.. EM is right, its generally a much harder and longer process for the k-1 Visa. Honestly its to hard and long, and it needs to be changed. You said "its not completely illegal" But its not at all illegal to adjust from a Tourist visa. there is nothing wrong with it and it is not treated any differently than a k-1 visa. This issue is important to me because I have witnessed myself an incredible amount of false information on this forum about adjusting from tourist visas. Go look at my first few posts and see how many people immediately said it wasn't even possible and were trying to be as discouraging as possible.my intention is not to over react but to set the record straight. There is no visa hierarchy.

Harry

I know you must be going through the process hence the reaction.

I know it is possible to adjust from B2, I did not say anywhere that anyone cannot do this; a lot of people were doing it and they are successful. Some even get married with B2 or VWP and adjust; that is their choice but I never thought of that even if I can since I have an existing B1/B2 even before I processed K1. My fiance actually asked me that, why can't we get married since I am already there.

I said it is not completely illegal because I cannot say straight it is a legal course of action. B2 is not for purposes of immigration. People applying for B2 has to prove string ties to their home country and non-immigrant intent. Our actions has an equivalent effect down the line. If may not affect us directly but it does affect other people going the same path of applying B2 visa. This is my opinion I respect your choices.

As for AOS hierarchy, I don't completely agree:).. Have you read about threads of those got married on B2 and file AOS? They have to prove their intent (how I don't know) that they came on a B2 / WVP visa with no preconceived plans on getting married prior to arrival in US. Coming to US with a tourist visa/ VWP with a sole intent of getting married and AOS is deemed visa fraud. Thus people adjusting from this should be able to prove that they came to US with honest intentions of just visiting and the decision to get married only came after. To rule out "fraud" from this kind of OAS, I believe adjudication process takes longer than others.

Then again, that's my opinion.

[KayDeeCee 4,896]

I know you must be going through the process hence the reaction.

I know it is possible to adjust from B2, I did not say anywhere that anyone cannot do this; a lot of people were doing it and they are successful. Some even get married with B2 or VWP and adjust; that is their choice but I never thought of that even if I can since I have an existing B1/B2 even before I processed K1. My fiance actually asked me that, why can't we get married since I am already there.

I said it is not completely illegal because I cannot say straight it is a legal course of action. B2 is not for purposes of immigration. People applying for B2 has to prove string ties to their home country and non-immigrant intent. Our actions has an equivalent effect down the line. If may not affect us directly but it does affect other people going the same path of applying B2 visa. This is my opinion I respect your choices.

As for AOS hierarchy, I don't completely agree:).. Have you read about threads of those got married on B2 and file AOS? They have to prove their intent (how I don't know) that they came on a B2 / WVP visa with no preconceived plans on getting married prior to arrival in US. Coming to US with a tourist visa/ VWP with a sole intent of getting married and AOS is deemed visa fraud. Thus people adjusting from this should be able to prove that they came to US with honest intentions of just visiting and the decision to get married only came after. To rule out "fraud" from this kind of OAS, I believe adjudication process takes longer than others.

Then again, that's my opinion.

Your opinion is that it takes longer to AOS from a tourist visa, but that opinion is just that, right? It is not formed based on statistics of processing times, ease of interviews, etc.? How did you form the opinion without researching the statistics and actual laws?

You said it is not completely legal and cannot say that it is a legal course of action, but that is incorrect. It is absolutely, completely legal. That is why people are eligible and allowed to do it. If it was illegal, they would be ineligible and denied, yes? The laws say it is completely legal, so it doesn't matter much if your opinion is that it is not.

IF someone has the intent to use the tourist visa to enter the US, marry, stay and file for AOS, then there is a problem and that is fraudulent because they had intent to misuse the tourist visa.

IF someone enters the US with a tourist visa and then decides to marry a USC, stay and file for AOS, then there is no fraud involved and they can legally adjust. If you entered with your tourist visa and then changed your mind and decided to marry, stay and file for AOS, then you could have. No fraud. Perfectly legal for you to have done so.

This comes up pretty much anytime someone posts about AOS from B2/VWP. People make posts like yours, and it clogs up the OP's thread about their process debating something that should not even be up for debate in their legal immigration question threads.

If you do not lie on your visa application, and when entering the US, then you are legally eligible to adjust. The laws are what they are. Until they change. It is legal, period. >

The I-485 instructions >http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Who May File Form I-485?

You may apply to adjust your status if:

...

B. You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

If you read through who is not eligible, nowhere does it state someone adjusting from a tourist visa. If they entered legally with their non-immigrant visa, and married a USC, then they are eligible to concurrently file the I-130 and I-485.

From the USCIS website >http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

Bringing Spouses to Live in the United States as Permanent Residents

You are a: U.S. citizen

Your spouse is: Inside the United States (through lawful admission or parole)

How to Apply: File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.

The US Code > https://www.law.cornell.edu/uscode/text/8/1255

8 U.S. Code § 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa

The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

Matter of Cavazos > http://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf

...

(2) Notwithstanding evidence establishing preconceived intent, an application for adjustment

of status should as a general rule be granted in the exercise of discretion in

the case of an immediate relative or other specified alien who under Operations

Instruction 245.3(b) and 8 C.F.R. 242.5(a)(2) and (4) could be granted voluntary

departure until invited to appear before a United States consul to apply for an

immigrant visa.

(3) Where a finding of preconceived intent was the only negative factor cited by the

immigration judge in denying the respondent's application for adjustment of status as

the beneficiary of an approved immediate relative visa petition and no additional

adverse matters are apparent in the record, and where significant equities are

presented by the respondent's United States citizen wife and child, a grant of adjustment

of status is warranted as a matter of discretion

Edited April 6, 2016 by KayDeeCee

[cristina16 81]

I am entitled to my opinion. My post should not be taken out of context.

You know better - resting my case.

[ValerieA 350]

I am entitled to my opinion. My post should not be taken out of context.

You know better - resting my case.

Erroneous opinions stated as facts have no place in a posting asking for actual facts. Please leave your opinions in the lower forums, where they belong.

[vjlulu01 0]

Hello, everybody! Just an update on my case, my ead/ap got approved yesterday, 90th day the USCIS received my case.?

[KayDeeCee 4,896]

I am entitled to my opinion. My post should not be taken out of context.

You know better - resting my case.

They were not taken out of context. You were stating things as if they were factual. They are not. They have now been corrected, as they should be. If you want to post a rant about how you personally feel about this topic, then find the correct forum and start a thread for that(Off Topic perhaps?). This is not the place.

[KayDeeCee 4,896]

Hello, everybody! Just an update on my case, my ead/ap got approved yesterday, 90th day the USCIS received my case.?

Good news. Hope you get your interview and green card soon too.