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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline

I can understand everyone's frustration at someone NOT having to be separated, like many of the rest of us. The fact is though, that this is PERFECTLY LEGAL.

Don't blame the ones who are just using an option that is given to them by our government. Hell, if I had the chance to have taken it, much like some others have (and I am only condoning those who did NOT "plan" to enter and marry on a tourist visa ....which is against the law (when planned).....although, it's nearly impossible to enforce and decide who is legit and who is not)....I'd have done the same.

My advice to her, as well as what many others in this thread have told her, are given to her because what she is doing is legal, NOT illegal. (Some of you are misinformed)

And until the USA, someday, decides to close this loophole, people will keep taking this route.

I personally have never liked the fact that people could immigrate this way. But I blame the US government. They are the ones who write the laws. You can't blame the people who are just taking advantage of an option given to them by our own government.

I also would like for them to do away with this option someday. It IS unfair to those of us who have to use the Cr-1, K-1, k-3 route etc...... Because we have to be separated and they don't. (although if they disallow immigration on a tourist visa, they will also, to be consistant, have to disallow it on student visas, work visas, etc as well and any other non-immigrant visa that exists.....which could get complicated)

I also don't like it, because it just makes it that much harder for those of us who are separated to visit. If there was no fear of someone who is visiting the USA trying to immigrate on a tourist visa (or through the visa waiver program), then there would be much less scrutiny and chance of a spouse (like when my wife comes to visit me ) being turned around at the border. That' s what US customs officials are afraid of. That someone will come in to visit and remain, and then do AOS. You take away that option and ability, and the chances of people doing it (unless they want to be an illegal alien) will be almost nil.

But until then, whether we like it or not. It is legal to do so. And if someone on this forum asks for advice regarding how to do AOS this way, it would be a disservice to them to NOT give them the facts, and to just instead give them opinions, anger, prejudices , accusations etc......just because we don't like it.

After all, this IS "supposed" to be a help forum. ;)

April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

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Filed: AOS (apr) Country: Scotland
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Well this post has sparked quite a disscusion.

The facts remain, Yes, they could get married. Yes, it is a loophole.

My wife and I considered this as an option. We called attorneys and USCIS to get info. We were told that while it is an option. It is an option that can potenially cause delays in approvals. We were told it could delay the process by years.

The fact that there has been a huge disscussion can ironically now be called conspiracy to commit Visa Fraud.

We decided to go the K1 route and now are going through AOS and applied for AP. That was our decision. We choose to keep things above board and therfore should theorectically have no hiccups during the entire process to getting my wife here legally and forever.

The fact that they have spent that much time seeing each other will only act as further proof that the engagement and marriage is not a sham.

Personally, I have been in touch with my Congressman and disscussed changing the law for the Fiance Visa, the purpose of the K1 is to get married and if there were a bit more due diligence on the K1 side, the marriage certificate should be the fufillment and the beneficiary should recieve their conditional residency immediatley.

2005 Aug 27 Happily Married

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I hope that eventually, this method (via tourist/vwp/student/job visa) of gaining permanent residence (via an all of a sudden marriage) will probably change, considering the extraordinary number of applicants for AOS doing it every year.

Additionally based on the cavalier advice given on forums such as this to just 'do it' and admit no intent of wrong doing, (because everybody else does it), it would seem that the process to squash this style of AOS would gain some momentum soon in the usg... But if nobody complains about it, then what's congress to do.

To those of us that have gone (or are going) the legal route, specifically stating immigrant intentions up front: this is an insane topic and spits in all of our faces.

It is really #### to promote, condone, or aid this sort of behaviour. You people that constantly advise others to do it cause you did, or your friends/others did... you are contributing to the sad state of immigration affairs in this country and (I can't really post what I think - I'd get banned for it).

The specifics of this particular case STINK.

They should do it the right way just like the rest of us did (thru visa hell) and apply for a K1 or K3. AOS on a tourist visa? NO WAY. I'm sick of freeloaders that are too lazy to do their homework and come here looking for mommy to tell'em it's ok, just do it anyway. Total BS.

Damn Right, this is a prejudicial issue and I have ISSUES towards those that lie, cheat, steal and BS their way into AOS via marriage from non-qualifying visas or entry methods.

Somebody show me where I'm wrong.

I will say it again, the OP clearly states she had no intent to remain upon entry. You are making an assumption that she is lying.

I appreciate your own frustration at others having an easier time than you, but thats life- not just the visa process.

The OP is not doing anything illegal.

I am AOS on a tourist visa- I will tell you I didnt even know my husband before I came here. But you probably wont believe me, just as you fail to believe the OP.

Non-qualifying visas? Well obviously they ARE qualifying as many people adjust from tourist visas.

To accuse people of lying cheating and stealing when you know nothing of their situation is plain rude.

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There is a big difference between those that suggest lying at POE to gain entry and those (many of us) that do not, only to try and get others to understand that AOS from VWP, a visitors visa, J1 etc, do have LEGAL options open depending on circumstances. Many many times, the links to USCIS law etc have been provided that show that it is just as legal as the visa route, when one is married to a USC. One must however, be granted entry/inspected and be otherwise eligible. It is not the position of the US Government to keep married couples apart once in the US, hence the law that provides for AOS. It is NOT a loophole, it is a law. Not everyone's circumstances are the same and as such the options are varied. Whether entry has been on a visitors, VWP, student, business visa etc, there are options available. A consultation with an immigrant lawyer that specialises in family immigration is recommended to discuss the options available depending on individual circumstances.

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245

A good example also comes from the US Embassy Australia website.

11. (Q) MY LAWYER IN THE U.S. HAS TOLD ME TO APPLY FOR A TOURIST VISA, AND THEN APPLY FOR IMMIGRATION OR ADJUST MY STATUS AFTER I ARRIVE. CAN I DO THAT?

(A) Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

The same answer applies to another question.

12. (Q) CAN I ENTER THE U.S. AND WAIT WHILE THE VISA IS BEING PROCESSED?

http://sydney.usconsulate.gov/consular/ivfaq.html

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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Filed: Country: United Kingdom
Timeline
Personally, I have been in touch with my Congressman and disscussed changing the law for the Fiance Visa, the purpose of the K1 is to get married and if there were a bit more due diligence on the K1 side, the marriage certificate should be the fufillment and the beneficiary should recieve their conditional residency immediatley.

Good on ya for following up on that. Here's some more ammo: That is *exactly* how it *was* done just a few years ago.

K-1-->get married-->marriage certificate to local office-->instant, one day AOS =Now That You Are A Permanent Resident.

That's why Ks are processed by the Immigrant Visa Unit. They go through vitually all of the IV steps except being married before the visa is issued. Complete the marriage, complete the circuit, complete the AOS.

See if you can find a logical explanation for why they stopped that.

OK, I found it: 9 FAM 40.63 N4.7, available at: http://foia.state.gov/masterdocs/09fam/0940063N.pdf

Bartek

Bartek, note the header, for starters:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

Adjustment of Status is a USCIS function, not a DOS function.

Although, I always do love this little gem:

With respect to the second category referred to above, the fact that an alien's subsequent actions are other than as stated at the time of visa application or entry does not necessarily prove that the alien's intentions

were misrepresented at the time of application or entry.

I'm sick of freeloaders that are too lazy to do their homework and come here looking for

A lot of people filed me under the same category as a VWP AOSer for filing for my spouse overseas and getting our case done in 33 days.

Just did my homework <shrug>.

<koffCypruskoffWould'veBeenAnOptionForYoukoff>

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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Personally, I have been in touch with my Congressman and disscussed changing the law for the Fiance Visa, the purpose of the K1 is to get married and if there were a bit more due diligence on the K1 side, the marriage certificate should be the fufillment and the beneficiary should recieve their conditional residency immediatley.

Good on ya for following up on that. Here's some more ammo: That is *exactly* how it *was* done just a few years ago.

K-1-->get married-->marriage certificate to local office-->instant, one day AOS =Now That You Are A Permanent Resident.

That's why Ks are processed by the Immigrant Visa Unit. They go through vitually all of the IV steps except being married before the visa is issued. Complete the marriage, complete the circuit, complete the AOS.

See if you can find a logical explanation for why they stopped that.

OK, I found it: 9 FAM 40.63 N4.7, available at: http://foia.state.gov/masterdocs/09fam/0940063N.pdf

Bartek

Bartek, note the header, for starters:

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

Adjustment of Status is a USCIS function, not a DOS function.

Although, I always do love this little gem:

With respect to the second category referred to above, the fact that an alien's subsequent actions are other than as stated at the time of visa application or entry does not necessarily prove that the alien's intentions

were misrepresented at the time of application or entry.

I'm sick of freeloaders that are too lazy to do their homework and come here looking for

A lot of people filed me under the same category as a VWP AOSer for filing for my spouse overseas and getting our case done in 33 days.

Just did my homework <shrug>.

<koffCypruskoffWould'veBeenAnOptionForYoukoff>

Meauxna,

Weren't you and your husband resident in that country (Greece) where you filed overseas?

Somehow, I think filing overseas is perfectly fair, especially if the Consulate requires that the petitioner and beneficiary are lawfully resident in that country for a certain period of time. I, personally, was resident in Germany for nearly two years. Filing my petition at the California Service Center would've been just fine and I would've done that had DCF not been an option. It wouldn't have made any difference except the process would've taken longer, which means I would've started earlier. Either way, I would be with my husband.

I believe that adjusting status from VWP is actually quite unfair. Reading this thread provides a lot of perks for going about it that way, even if it is intentional immigration. It would be more prudent, in my opinion, for that law to be overturned. Just make it impossible to do that.

DCF (Germany)

April 7, 2006 - Married

April 15, 2006 - I-130 sent to Frankfurt Consulate

April 22, 2006 - I-130 returned to us (personal checks not acceptable)

April 24, 2006 - I-130 resubmitted with Credit Card Payment Form

June 14, 2006 - I-130 Approved

June 15, 2006 - Packet 3 Received

June 16, 2006 - OF-169 & Passport (Biographical Page Only) faxed to the Consulate

June 17, 2006 - DS 230 Part 1 & OF-169 mailed to the Consulate

June 26, 2006 - Packet 4 Received

June 27, 2006 - Medical Examination in Berlin

July 21, 2006 - Interview at Frankfurt Consulate

July 21, 2006 - Visa Approved!

August 22, 2006 - America!

July 26, 2008 - I-751 sent to VSC

August 1, 2008 - Check cashed

August 1, 2008 - NOA-1 received

September 9, 2008 - Biometics Appointment

March 12, 2009 - Transfer from VSC to CSC?

March 16, 2009 - Approved (10-year green card should be mailed within 60 days)

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I believe that adjusting status from VWP is actually quite unfair. Reading this thread provides a lot of perks for going about it that way, even if it is intentional immigration. It would be more prudent, in my opinion, for that law to be overturned. Just make it impossible to do that.

I doubt that will happen. Why should those entering on the VWP be any different then those with a visitors, student or business visa that wish to adjust status after marriage to a USC. All give legal entry to the US and must otherwise be eligible to be granted immigrant status through the AOS process. There is still a process to go through.

Note: I would NEVER advocate lying at POE to gain entry to the US with the intent to immigrate as this is misrepresentation and grounds for denial of adjustment of status. The same rules apply when visiting your SO while you have a petition in process.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline
There is a big difference between those that suggest lying at POE to gain entry and those (many of us) that do not, only to try and get others to understand that AOS from VWP, a visitors visa, J1 etc, do have LEGAL options open depending on circumstances. Many many times, the links to USCIS law etc have been provided that show that it is just as legal as the visa route, when one is married to a USC. One must however, be granted entry/inspected and be otherwise eligible. It is not the position of the US Government to keep married couples apart once in the US, hence the law that provides for AOS. It is NOT a loophole, it is a law. Not everyone's circumstances are the same and as such the options are varied. Whether entry has been on a visitors, VWP, student, business visa etc, there are options available. A consultation with an immigrant lawyer that specialises in family immigration is recommended to discuss the options available depending on individual circumstances.

Since you mentioned the "loophole" thing, I suppose you were referring to what I wrote.

You missed my point.

It obviously does not mean to start a mass deportation of everyone who married here on a tourist, student visa, etc..…..(If they are going to do that, then they may as well start with my wife , since I married her when she was on a student visa ;)

The point was that it can be, and IS used by too many to circumvent the law, and as of now, the US government has done nothing to stop it (or doesn’t know how). It is too easy to get around the system. There are too many flaws in the system.

People can too easily get around the normal immigrant visa process(which takes months to a year of separation, maybe longer) by just applying for and then entering with a tourist visa, or even a student visa, etc (which takes less time to receive than an immigrant visa, or quicker yet, use the visa waiver program ) …. Then get married, stay here, and do AOS, instead of using that visa for what it was supposed to be for.

The US has no “real” way of preventing such a thing.

If that’s not a loophole, I don’t know what one is.

April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

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Filed: AOS (apr) Country: Poland
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Wow - what a thread, this topic of AOS from tourist visa was on this forum so many times, but I've never read so many negative opinion about doing this way.

I am one of tourist visa adjusters, and I completely don't understand stinger157 or others who say it's illegal or even immoral (!!!???) . Did the law change or something? It was never illegal.

When you do AOS based on marriage, what matters on an interview is if you are real marriage and if you can prove that.

06 December 2005 - entered US on tourist visa

08 February 2006 - got married

06 March 2006 - 15 March 2006 - medical exam done

15 March 2006 - I-485 package sent to Chicago Lockbox

21 March 2006 - USCIS received papers

24 March 2006 - notice date for I-130,I-485,I-765 (28 March 2006 - received NOA for I-130,I-485,I-765)

01 April 2006 - I-130, I-485, I-765 touched

06 April 2006 - Notice date for biometrics appointment (received on 13 April 2006)

29 April 2006 - Biometrics done

06 May 2006 - I-765, I-145 touched

08 May 2006 - I-765, I-130 touched

03 June 2006 - I-765 touched

06 June 2006 - Interview letter arrived

07 June 2006 - e-mail received: EAD approved !!!

09 June 2006 - EAD card received in mail

12 June 2006 - applied for SSN

26 June 2006 - SSN arrived

25 July 2006 - Interview

APPROVED!!!

31 July 2006 - Welcome Notice arrived

4 August 2006 - GREEN CARD ARRIVED !!!!

I am back!!!

30 April 2008 - sent out form I-751 to remove conditional residence

12 May 2008 - extention letter arrived

.png

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Filed: Timeline

From reading through some of the more harsh replies to the idea of AOS via a tourist visa, I can't help feeling that there is a somewhat subjective air about them. Instead of 'good for you, I wish I'd done it that way' it seems to be more 'As I have to be apart from my spouse/fiance therefore so should you, and if I cannot make you do that then I'll call you all liars, freeloaders, lazy, illegal, etc'.

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I believe that adjusting status from VWP is actually quite unfair. Reading this thread provides a lot of perks for going about it that way, even if it is intentional immigration. It would be more prudent, in my opinion, for that law to be overturned. Just make it impossible to do that.

I doubt that will happen. Why should those entering on the VWP be any different then those with a visitors, student or business visa that wish to adjust status after marriage to a USC. All give legal entry to the US and must otherwise be eligible to be granted immigrant status through the AOS process. There is still a process to go through.

Note: I would NEVER advocate lying at POE to gain entry to the US with the intent to immigrate as this is misrepresentation and grounds for denial of adjustment of status. The same rules apply when visiting your SO while you have a petition in process.

Aussie,

I don't think adjusting status from any of those visas should be allowed. The immigrant should be forced to return to their primary country of residence to wait for their fiance or spouse to petition for a marriage-based visa.

I also think DCF should be offered in most, if not all, countries. I think the major stipulation should be that both the petitioner and beneficiary have been lawfully resident there for at least six months.

These are just my opinions. I'm in no position to campaign for such a change right now. If I were in such a position, I wouldn't begin with advocating change in the AOS procedures. My campaign would begin with an overhaul of the entire immigration process that would allow more transparency and fairness.

We've discussed this before... but this whole idea of "not having immigration intent upon entering the United States" really bothers me and seems kind of fuzzy.

Plus, posters such as pucklechurch are making it a really attractive option... And some lurkers who may be reading this thread may not understand the consequences of a potential misrepresentation. (Anyone currently reading about this process and thinking of trying it likely will be unable to since, just by having the conversation, it would likely constitute prior immigration intent, which is illegal. *That is, if the foreign fiance or spouse is NOT already in the United States or its territories.*

Puckle said:

If you get here on a tourist visa and consider AOS, as the OP is considering, then you simply say at your interview that you had no intention of staying when you first arrived (whether you married your partner on the spur of the moment or whether you'd been married for years). You maybe lying or you may be telling the truth but that's for you to know and for them to find out (which, unless you stick out like a sore thumb, they won't bother). And that's it. Your Green Card's in the mail and you didn't need to spend a day, a month or a year apart as you would if you took the K-1 visa route.

It's not that easy. And that attitude is a slap in the face for those, like yourself Aussie, who have had to endure and are enduring painful separations.

--Z

DCF (Germany)

April 7, 2006 - Married

April 15, 2006 - I-130 sent to Frankfurt Consulate

April 22, 2006 - I-130 returned to us (personal checks not acceptable)

April 24, 2006 - I-130 resubmitted with Credit Card Payment Form

June 14, 2006 - I-130 Approved

June 15, 2006 - Packet 3 Received

June 16, 2006 - OF-169 & Passport (Biographical Page Only) faxed to the Consulate

June 17, 2006 - DS 230 Part 1 & OF-169 mailed to the Consulate

June 26, 2006 - Packet 4 Received

June 27, 2006 - Medical Examination in Berlin

July 21, 2006 - Interview at Frankfurt Consulate

July 21, 2006 - Visa Approved!

August 22, 2006 - America!

July 26, 2008 - I-751 sent to VSC

August 1, 2008 - Check cashed

August 1, 2008 - NOA-1 received

September 9, 2008 - Biometics Appointment

March 12, 2009 - Transfer from VSC to CSC?

March 16, 2009 - Approved (10-year green card should be mailed within 60 days)

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Filed: Timeline
I hope that eventually, this method (via tourist/vwp/student/job visa) of gaining permanent residence (via an all of a sudden marriage) will probably change, considering the extraordinary number of applicants for AOS doing it every year.

Additionally based on the cavalier advice given on forums such as this to just 'do it' and admit no intent of wrong doing, (because everybody else does it), it would seem that the process to squash this style of AOS would gain some momentum soon in the usg... But if nobody complains about it, then what's congress to do.

To those of us that have gone (or are going) the legal route, specifically stating immigrant intentions up front: this is an insane topic and spits in all of our faces.

It is really #### to promote, condone, or aid this sort of behaviour. You people that constantly advise others to do it cause you did, or your friends/others did... you are contributing to the sad state of immigration affairs in this country and (I can't really post what I think - I'd get banned for it).

The specifics of this particular case STINK.

They should do it the right way just like the rest of us did (thru visa hell) and apply for a K1 or K3. AOS on a tourist visa? NO WAY. I'm sick of freeloaders that are too lazy to do their homework and come here looking for mommy to tell'em it's ok, just do it anyway. Total BS.

Damn Right, this is a prejudicial issue and I have ISSUES towards those that lie, cheat, steal and BS their way into AOS via marriage from non-qualifying visas or entry methods.

Somebody show me where I'm wrong.

*THUNDEROUS APPLAUSE*

:thumbs::thumbs::thumbs:

From reading through some of the more harsh replies to the idea of AOS via a tourist visa, I can't help feeling that there is a somewhat subjective air about them. Instead of 'good for you, I wish I'd done it that way' it seems to be more 'As I have to be apart from my spouse/fiance therefore so should you, and if I cannot make you do that then I'll call you all liars, freeloaders, lazy, illegal, etc'.

I'm against tourist visa AOSs and I've lived with my non-USC husband ever since we got married. We live in HIS country, not mine. I did my immigration to the UK the 100% legal, everything-up-front way...and that is how we are handling our US immigration.

I find it hard to believe that someone on a tourist visa could come for a visit, find someone, fall in love, decide to get married, etc., all in the space of 90 days. I'd be horrified if one of my relatives married someone after knowing them such a short period of time; I knew my husband for four years before we got married; and I think marriages like that are just a recipe for disaster.

Abuse of immigration laws irritates the hell out of me. I see marrying on a tourist visa as violating the spirit, though perhaps not the letter, of the law.

24 June 2007: Leaving day/flying to Dallas-Fort Worth

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Filed: AOS (pnd) Country: Canada
Timeline

I hate to get involved in this squabble but I just wanted to point out a few things. First, at the time a certain visa type is granted to a foreigner, the foreigner's PRESENT rather than a FUTURE immigrant intent is evaluated. This means that the fact that a foreigner may have future plans to immigrate to this country does not disqualify him/her from obtaining a non-immigrant visa as long as the immigrant does not intend to immigrate to the US at the time the non-immigrant visa is issued.

For the purposes of this discussion, it means that people in long term relationships are certainly permitted to discuss long term marriage plans while visiting each other on non-immigrant visas. Such discussions and long term planning violates neither the letter nor the spirit of the law.

Now, Congress has also recognized that people's plans quite often change, and that people who initially entered the US as non-immigrants without any expectation to immigrate during that particular trip end up getting engaged and married. In the absence of any visa fraud, requiring those people to leave the country and to then reapply for immigrant visas would not only put additional strain on USCIS' already limited resources, but would also violate the general legislative desire not to keep families apart. Hence, people on non-immigrant visas who end up marrying US residents have the option of adjusting their status without leaving the country.

This system is certainly not foolproof (no system is) and certain people do take advantage of it. There is absolutely nothing wrong with disagreeing with the way the system is set-up or the way it operates and attempting to effectuate a change through proper channels. What is wrong and reprehensible, however, is creating posts with the intentional and/or reckless disregard for the facts and, in the process, misleading people into thinking that AOS from non-immigrant visas is somehow particularly difficult, time consuming or in any way illegal.

Edited by am1996

8/11/06 Married.

8/15/06 Received marriage certificate.

8/16/06 Overnighted AOS and AP applications (no EAD, since I won't need it until next year).

8/17/06 Delivered at 12:44pm (Chicago lockbox).

8/24/06 All 3 checks cashed.

8/26/06 Received NOA. I485, I130 and I131 are online.

8/29/06 All 3 touched.

9/2/06 Biometrics appointment received.

9/5/06 I130 and I131 touched.

9/8/06 Biometrics completed.

9/8/06 I485 touched.

9/11/06 I485 touched.

11/14/06 AP approved.

11/15/06 AP touched.

11/20/06 AP received.

12/21/06 Confirmed that the name check has cleared.

1/5/07 I-765 (EAD) mailed out by certified mail (no rush).

1/10/07 I-765 delivered at 9:46am (Chicago lockbox).

1/16/07 Received NOA1 for I-765 (dated 1/10/07).

1/16/07 I-765 touched.

1/18/07 I-765 touched.

1/20/07 Biometrics scheduled for 1/31/07 (which I already completed on 9/8/06).

1/20/07 Interview scheduled for 3/20/07 at 8:00am.

1/20/07 I-765 touched (they're open on Saturdays?).

1/31/07 Biometrics for I-765 completed.

1/31/07 I-765 touched.

2/1/07 I-765 touched.

2/28/07 I-485 and I-130 touched.

3/1/07 I-485 and I-130 touched.

3/20/07 AOS interview. Approved.

3/22/07 I-485, I-130, I-765 touched.

3/22/07 CRIS email: approval notice sent.

3/23/07 I-485, I-130, I-765 touched.

3/24/07 I-485, I-130, I-765 touched (a touch on Saturday?).

3/26/07 CRIS email: card production ordered.

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Filed: AOS (apr) Country: Scotland
Timeline

We wanted to make a clarification on our earlier post.

We actually considered bringing Annie over here on the VWP, getting married, and living happily ever after. We consulted Lawyers and USCIS. We were told by both, that while it my be legal USCIS does not like it and that we could look at delays in approval for years. Due to the ramant abuse and fraud of non USC getting LPR, they tend to look at these situations harder.

Now, does that mean it is illegal, NO. However, once we knew these facts WE decided, in OUR case that we would rather do this and be beyond reproach.

There are cases where people have been approved quite quickly, it can happen. There are always mitigating circumstances. This is one of the things that make this Country so GREAT!!!

I want to ask everyone one question, when you are older, would you be ok with telling your Grandchildren that you used a questionable means of getting into the country, or, would you rather tell the story of wading through redtape, because you knew that it was worth it to be beyond reproach and that waiting for the right person was worth it.

I know what we decided.

Respectfully,

John & Annie

2005 Aug 27 Happily Married

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