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Azagarth

aos if married outside the USA?

By Azagarth in Adjustment of Status from Work, Student, & Tourist Visas

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Azagarth Contributor

Azagarth   0

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
 Timeline
Posted

So me and my wife got married 2 months ago in Argentina. She got here a week ago on a tourist visa. Is it possible to do an aos since we got married outside of the USA? Do I gave to wait a certain amount of time?

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NancyNguyen Experienced

NancyNguyen   1,657

Posted
Filed: Citizen (apr) Country: Vietnam (no flag)
 Timeline
Posted

Unless she lied about marriage status on DS-160. By the way, she comes on a B2 with an intention to AOS, sorry it is visa fraud.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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cocolucho Enthusiast

cocolucho   35

Posted
Filed: K-3 Visa Country: Peru
 Timeline
Posted

Read these links carefully for more information on AOS:

http://www.***removed***/greencard/adjustmentofstatus/

http://www.hooyou.com/i-485/eligible.html

*The material presented is intended for general information only and does not constitute legal advice*

USCIS - IR1/CR1 Wife/IR2 Daughter - K3 Wife/K4 Daughter

12/03/2013 -- I-130s Sent, 12/06/2013 -- I-130s Received                                           12/13/2013 -- I-129F Sent, 12/16/2013 -- I-129F Received           

12/10/2013 -- I-130s NOA1 Hard copies received from VSC                                         12/20/2013 -- I-129F NOA1 Hard copy from VSC           

06/05/2014 -- I-130s Alien Registration Numbers Changed                                           02/12/2014 -- I-129F Transferred from VSC to TSC hard copy                                       

06/09/2014 -- I-130s RFE Emails, 06/12/2014 -- I-130s RFE Hard copies received       02/25/2014 -- I-129F Alien Registration Number Changed

06/16/2014 -- I-130s RFE Response received                                                              07/11/2014 -- I-129F NOA2 email (207 days)

09/25/2014 -- I-130 NOA2 Emails 290 days                                                                 07/16/2014 -- I-129F NOA2 Hard copy received and sent to NVC        

NVC - K3 Wife/K4 Daughter

07-29-2014 -- NVC received I129F                                                                           

07-31-2014 -- NVC case number assigned

08-01-2014 -- Left NVC in route to Embassy in Lima

Embassy - K3 Wife/K4 Daughter

08-07-2014 -- Embassy in Lima received case from NVC                                        

08-07-2014 -- Received email interview letter and packet IV

08-18-2014 -- Completed DS-160 online                                                                 

08-21-2014 -- Medical & Vaccination completed

09-03-2014 -- Interview (Approved)                                                                        

09-05-2014 -- Visa Issued (CEAC website)

09-10-2014 -- Visa in hand                                                                                      

09-18-2014 -- Dulles VA

USCIS - AOS Wife/Daughter

12/10/2014 -- I-485 Sent - including I-765                                                            

12/11/2014 -- I-485 Received

12/16/2014 -- I-485 and I-765 NOA Received email                                             

12/20/2014 -- I-485 and I-765 NOA Hard copies received

01/09/2015 -- I-485 and I-765 Biometrics appointment                                       

01/14/2015 -- I-485 Ready for interview

02/02/2015 -- I-485 Interview notification received                                             

02/14/2015 -- I-765 Approved - EAD card production email and text

02/24/2015 -- I-765 EAD card received                                                              

 03/12/2015 -- I-485 Interview Date (APPROVED)

03/17/2015 -- CR6/CR7 Welcome letters received                                               

03/21/2015 -- CR6/CR7 Green Cards received :dance:

USCIS - ROC Wife/Daughter

01/12/2017 -- I-751 Sent

01/17/2017 -- I-751 NOA Received for wife and daughter

02/23/2017 -- I-751 / CRI89 Biometrics Appointment for wife and daughter

12/26/2017 -- I-751 / CRI89 Approved for wife and daughter

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Yes, you are fine to adjust as long as your wife did not actually lie to a border official. Here is the guide you will need: http://www.visajourney.com/content/i130guide2

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

But keep in mind you guys might going to be scrutinized since your wife applied (and got) a B visa that you would get if you showed you had no intention of immigrating to the US (non-immigrant visa). Now, she stepped in and you guys are thinking of AOS....this could raise some flags down the road...

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Azagarth Contributor

Azagarth   0

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
 Timeline
  • Author
Posted

She never lied on anything and had always said she was married. The reason for the change is financial as we had initially planned to go to mexico for 6 months on a long honey moon, but now we can't do it financially since my mom is sick. We were going to do her papers from abroad so time was not and issue. We had a year to burn anyways but now it just make everything easier if we can just start working here in the USA together to help my mom.

Would you recommend we hire a lawywr?

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lesthatsri Contributor

lesthatsri   9

Posted
Filed: Lift. Cond. (pnd) Country: Peru
 Timeline
Posted

Hi Azagarath,

I believe you might be on a shady spot right here. Did she have the B2 visa from before your marriage? or did she apply after? It would be very strange that a B2 visa would be granted to a US citizen foreign wife, because that is a potential immigrant. If you file for AOS, it will lead to a lot of questions from USCIS, mainly about your wife's intentions to migrate when she entered the country. Moreover, if you are having problems with money at the moment, you shouldn't think that she will be able to work while she is filing for AOS, because the work permit usually takes 90 days to be issued from the time they start processing the application. The application itself is around $1500 and if you hire a lawyer you could easily end up spending at least $1000 more. (I didnt hire a lawyer for mine).

age.png

Matt, Juki and Janis:

05/01/2013: We met Online

06/04/2013: Matt asked me to be his girlfriend.

12/08/2013: I traveled to the U.S. under a J-1 visa to work in Maine.

12/28/2013: I traveled to Fort Wayne, IN to meet him in person for the first time.

03/17/2014: I returned to Indiana after my work time was over.

04/24/2014: We got married!!!

12/31/2015: Janis, our baby daughter, was born :D

AOS Timeline

Concurrent Filing: I-130 and I-485

06/10/2014 (Day 1) AOS package sent to Chicago Lockbox
06/17/2014 (Day 7) Received notification on text/email that package was received at 11pm.

06/19/2014 (Day 9) Fee checks were cashed.

06/20/2014 (Day 10) I-130 I-485 and EAD NOAs arrived in the mail.

06/24/2014 (Day 14) Biometrics App letter received

07/02/2014 (Day 22) Successful Biometrics Walk-in at Indianapolis ASC

08/05/2014 (Day 59) Interview Letter was mailed from USCIS. App scheduled Sept. 5th.

08/15/2014 (Day 69): Updated address with USCIS

08/18/2014 (Day 72): EAD in production state

08/23/2014 (Day 77): EAD arrived at home

09/05/2014 (Day 90): Interview day at Indianapolis. Recommended for approval afterwards!

09/05/2014 (Day 90) at 5pm: My case status updated - WE ARE APPROVED!!!!

09/09/2014 (Day 94) : GC arrived on the mail :D

I-751 Removal of Conditions

Fee waiver granted

08/19/2016 (Day 1) I-751 and I-912 packages sent to California Service Center.
09/15/2016 (Day 24) Received NOA with Fee waiver granted

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Whether she got the visa before or after the marriage is irrelevant. Even if she got it after she married, it is still a non issue.

Even if she had the preconceived intent to immigrate when she entered, it still doesn't matter.

The only thing that matters is if she lied at the POE.

Under US laws, the preconceived intent to immigrate by itself is not a valid reason to deny the AOS of an Immediate Relative of a USC as long as the beneficiary did not lie at the POE.

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Azagarth Contributor

Azagarth   0

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
 Timeline
  • Author
Posted

She did get b2 after we got married for the purpose of seeing my doing mom. The poe she tells me gave her a hard time getting in but she told them she didn't plan on staying she just wanted to see her mother in law and then go to Cancun for her long wait honey moon (we already bought tickets that she showed them) this was a good enough reason that they let her in.

Would this be considered fraud or lying? We really didn't plan to stay but I'm broke now and we decided it would be better to not do the honey moon now and just study here working and to help my mom a bit financially. We didn't even know aos for us was an option. But I fear her telling the poe she had intended to leave my cause them to see it as fraud which wasn't the intent.

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AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

Azagarth,

Yes, that is lying and committing visa fraud. She said she would see her mother in law, and then leave (after your honeymoon). And when you guys try to file for AOS that basically indicates she is intending to immigrate (that is, to stay). I think your AOS will not go through if you file for this reason. You guys better to file through the CR-1 process. She goes back home, you file for her. And she'll eventually get back here. It's longer, but it's the honest way. AOS is not a way to go for you guys. IMHO.

She did get b2 after we got married for the purpose of seeing my doing mom. The poe she tells me gave her a hard time getting in but she told them she didn't plan on staying she just wanted to see her mother in law and then go to Cancun for her long wait honey moon (we already bought tickets that she showed them) this was a good enough reason that they let her in.

Would this be considered fraud or lying? We really didn't plan to stay but I'm broke now and we decided it would be better to not do the honey moon now and just study here working and to help my mom a bit financially. We didn't even know aos for us was an option. But I fear her telling the poe she had intended to leave my cause them to see it as fraud which wasn't the intent.

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Teddy B Grand Master

Teddy B   17,251

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

She did get b2 after we got married for the purpose of seeing my doing mom. The poe she tells me gave her a hard time getting in but she told them she didn't plan on staying she just wanted to see her mother in law and then go to Cancun for her long wait honey moon (we already bought tickets that she showed them) this was a good enough reason that they let her in.

Would this be considered fraud or lying? We really didn't plan to stay but I'm broke now and we decided it would be better to not do the honey moon now and just study here working and to help my mom a bit financially. We didn't even know aos for us was an option. But I fear her telling the poe she had intended to leave my cause them to see it as fraud which wasn't the intent.

You have been given good advice by ValerieA and Aaron2020. You should be fine to AOS based on what you've said here.

Azagarth, She said she would see her mother in law, and then leave (after your honeymoon). And when you guys try to file for AOS that basically indicates she is intending to immigrate (that is, to stay). I think your AOS will not go through if you file for this reason. You guys better to file through the CR-1 process. She goes back home, you file for her. And she'll eventually get back here. It's longer, but it's the honest way. AOS is not a way to go for you guys. IMHO.

:no:

Plans change, people change their mind. That is not fraud.

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Azagarth Contributor

Azagarth   0

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
 Timeline
  • Author
Posted

Oh sorry the honey moon we had planned to leave the country to Cancun for and then back to her country. Not here in the USA and she made that very clear to POE by showing them our plane tickets to Cancun in 5 months from now. Her purpose her was to see my mother and las Vegas one weekend which we have done.

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
 Timeline
Posted

This.....

:thumbs::thumbs:

You have been given good advice by ValerieA and Aaron2020. You should be fine to AOS based on what you've said here.


:no:

Plans change, people change their mind. That is not fraud.

200px-FSM_Logo.svg.png


www.ffrf.org




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Azagarth Contributor

Azagarth   0

Posted
Filed: IR-1/CR-1 Visa Country: Argentina
 Timeline
  • Author
Posted

Ya she told me that they hassled her quite a bit until she showed them mine and her ticket for our honey moon to Cancun. Which now with my mom in her condition seems like it's not going to happen for a long time. Thus we really did not have intention to stay, but it just makes sense now for us to do so financially

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