AOS from tourist visa

[jagonzal17 4]

Hi, Me and my girlfriend are getting married on Monday. I've been in the US for the past 2 months on a tourist visa.

At first the idea was to get married and then filed for CR1 process, but after a lot of talking we have decided to file for AOS since we dont want to be apart from each other anymore.

We have picture since early last year when we started dating from every time I came to the US to visit her, we even have pictures from a Cruise trip we took with my mom in November to celebrate her birthday.

We already have a joint bank account, she opened a t-mobile account for me where I appeared as an authorized user, She have an extension of my credit card.

I wanted to buy a life insurance and add her as the beneficiary but since I dont have a SSN I'm not able to buy yet.

What other documents you recommend to send af a prove of bona fide marriage when we send our aos package?

We are both from Venezuela, she's a US citizen by naturalization.

Thanks

[raven52 233]

If, I am reading this right, you came to the USA on a tourist visa, and got engaged to be married within two months!

If you came here with that intent, and it certainly seems so (two months, and ready to marry).,.,., THAT is visa fraud.,.,I think I am right on this.,.,you cannot come to the USA on a tourist visa to seek a bride.,.,.,and even if that was not the intent.,.,.,,.""YOU WILL HAVE AHARD TIME PROVING THIS.,.,.,FOR SURE!"".,., Good Luck!

[Boiler 43,428]

He does not need to prove that, duh.

You only have what you have.

[raven52 233]

Duh! You are wrong!

[blest.but.strest 50]

If, I am reading this right, you came to the USA on a tourist visa, and got engaged to be married within two months!

If you came here with that intent, and it certainly seems so (two months, and ready to marry).,.,., THAT is visa fraud.,.,I think I am right on this.,.,you cannot come to the USA on a tourist visa to seek a bride.,.,.,and even if that was not the intent.,.,.,,.""YOU WILL HAVE AHARD TIME PROVING THIS.,.,.,FOR SURE!"".,., Good Luck!

To come to the US on a tourist visa with the intent of getting engaged and married is not fraud.

Entering the US on a tourist visa WITH the intent of getting engaged, and married in order to file adjustment of status to remain in the USA, NOW that is fraud.

He can most definitely get married and go back home to Venezuela, there is no crime there.

jagonzal17, You should do it the right way, get married on Monday and return to Venezuela before your tourist visa expires and you guys go through the CR1

[jagonzal17 4]

We have been dating for over a year now. I had visited her at least 4-5 times during this time. I didn't enter with the idea of staying, but after discussing our situation me and my fiancee decided to file for aos. I don't think I'm breaking any rules. All I want is your recommendantions on what documents to submit with my aos package as a prove of bona fide marriage.

[jagonzal17 4]

Blest.but.strest, that was our inicial idea, but every time is getting harder to find flight tickets from Venezuela to the US, also my fiance doesn't want me to be gone again. That is why we changed our mind recently.

We are afraid that if I go back I wont be able to return until the CR1 process is complete and nobody knows how long that might take

[Boiler 43,428]

http://www.visajourney.com/content/i130guide2

http://www.visajourney.com/content/i130guide2

[KayDeeCee 4,891]

He does not have to return to his country. He can stay and adjust status. He will not have to prove he had no intent. Follow the guide Boiler posted the link to.

[jagonzal17 4]

Thank you guys. I will get married on Monday and then I will start preparing my packets

[raven52 233]

I STAND BY MY STATEMENT, HE KNEW HER BEFORE HE CAME.,.,HE CAME HERE TO GET MARRIED, WE ARE SAYING THE SAME THING.,.,WHAT HE IS DOING IS VISA FRAUD.,.IN MY OPINION!

[Boiler 43,428]

Fortunately your opinion is worth nothing.

[Boiler 43,428]

Fortunately your opinion is worth nothing.

[aaron2020 11,651]

I STAND BY MY STATEMENT, HE KNEW HER BEFORE HE CAME.,.,HE CAME HERE TO GET MARRIED, WE ARE SAYING THE SAME THING.,.,WHAT HE IS DOING IS VISA FRAUD.,.IN MY OPINION!

You're wrong. No on agrees with you. AND SHOUTING DOESN'T MAKE YOU RIGHT!

He can stay and he can adjust.

Did you happen to read that intent when entering is a non-factor when a spouse of a US citizen is adjusting? ABSOLUTELY NOT!!!!!

Read this and you might learn something; http://www.khurgel.com/b-1b-2-visa-holders-and-adjustment-of-status/

B-1/B-2 Visa Holders and Adjustment of Status

Many individuals entering the United States on a visitor visa wonder whether they can adjust status on the basis of a petition from an immediate family member (spouse, parent, child). This is an area of immigration law that is a source of significant confusion, which we will demystify in this article.

As many B-1/B-2 visa holders know, the visa does not permit dual intent. Thus, a holder of such a visa should only intend to stay in the U.S. temporarily as a visitor, and not intend to immigrate later. If a consular officer at an Embassy, or a border patrol officer at the airport suspects that an applicant intends to permanently immigrate when applying for a visa or trying to enter the U.S., the applicant will most likely be denied the visa or entry. If the officer knows or believes that the applicant has an immediate family member or fiancée in the U.S., a denial is also very possible.

This is where it becomes important to understand the issues of preconceived intent (PCI) and fraud. The general rule is that PCI is not an inadmissibility bar, but fraudulent misrepresentation under Section 212(a)(6)©(i) of the Immigration and Nationality Act (INA) is. Thus, even if deep down, a visa holder had preconceived intent, if they were never questioned about it by a consular or border officer, and they never stated anything untrue in their visa application, adjustment of status may be a lawful option.

To reiterate, preconceived intent is not generally a problem for immediate relative adjustment of status applicants. The Board of Immigration Appeals (BIA) has ruled that the substantial family unity equities involved in immediate relative adjustment of status situations outweigh the adverse factor of preconceived intent. Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980) and Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981) dealt with PCI for immediate relatives, specifically.

The “30/60 day rule” is often misunderstood in this context. The rule arises for B-1/B-2 visa holders that want to apply for a change or adjustment of status and brings into question whether they harbored PCI when they applied for their visa or entered the U.S. According to the Foreign Affairs Manual (FAM), the concept is only meant as guidance, not as a rule. Many (including immigration officers and attorneys alike) often misinterpret the concept to mean that if immigration paperwork is filed within 60 days of entry, a PCI finding is necessary. However, the ‘rule’ is merely guidance, and as described in the previous paragraph, the BIA has ruled that immediate relative applications are not subject to the guidance.

One may ask whether they can get in trouble for not saying anything when applying for a visa or entry to the U.S., and the answer is no—silence is not a ground of inadmissibility. When it comes to fraudulent misrepresentation, the key concept is that silence, or failure to volunteer information, is not a misrepresentation. This rule is provided to consular officers in the Foreign Affairs Manual at 9 FAM 40.63 and also found in the BIA’s holding in Matter of Tijam, 21 I&N Dec. 3372. (BIA 1998).

To summarize, PCI and fraudulent misrepresentation should be analyzed carefully as two separate issues. The 30/60 day rule is often misunderstood and misapplied as PCI does not in and of itself equal a misrepresentation in immediate relative adjustment of status cases. Silence when applying for a visa or entry to the U.S. does not equal an affirmative misrepresentation. Of course, saying or doing something that is a misrepresentation equals fraud and may trigger the permanent bar inadmissibility under INA Section 212(a)(6)©(i).

Before filing for adjustment of status, a B-1/B-2 entrant should have their case evaluated by an experienced Immigration Attorney to understand whether their entire immigration history—from B-1/B-2 visa application, entry to the U.S. at the Port of Entry, and request to adjust status—complies with the law.

- See more at: http://www.khurgel.com/b-1b-2-visa-holders-and-adjustment-of-status/#sthash.PLkbatPT.dpuf

Then read this: http://www.avvo.com/legal-guides/ugc/30-60-day-aos-adjustment-of-status-rule-of-preconceived-intent

IMMEDIATE RELATIVES ARE TREATED DIFFERENTLY

If the AOS application was filed more than 60 days after entry, the presumption is that the applicant acted in good faith. With regard to immediate relatives, preconceived intent is not supposed to be presumed and is not supposed to be the basis for an AOS denial if it is the only adverse factor (Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980), Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981)) Matter of Battista, 19 I&N Dec. 484 (BIA 1987)). Keep in mind that the USCIS still reserves the right to investigate any AOS case if there is evidence of wrongdoing. If an AOS applicant has anything in his or her past visa history that suggests that he or she may have abused the visa process, or otherwise tried to take shortcuts, the USCIS has made it clear that they can deny such AOS applications in the exercise of discretion.

[Mariana2012 89]

I STAND BY MY STATEMENT, HE KNEW HER BEFORE HE CAME.,.,HE CAME HERE TO GET MARRIED, WE ARE SAYING THE SAME THING.,.,WHAT HE IS DOING IS VISA FRAUD.,.IN MY OPINION!

Relax Raven, just because you are yelling doesn't mean you are less wrong in your statements.

The only way adjusting status from tourist visa will be considered fraud is if USCIS can prove intent. And fortunately they cannot read minds yet...

Adjusting from B1/B2 is super easy. I did it myself. Entered as a visitor with the intention to leave. Boyfried proposed. Got married within 2 months after entering. Fast forward 59 days later, my greencard was approved.