Visa type advice - foreign spouse to US citizen currently in US on Tourist visa

caliliving · February 7, 2017

they never question the intent, bc the intent was at the Point Of Entry!!! as long as border patrol let you in, you are in and that is your intent!!!

the people at the interview ONLY care that you are in a legitimate relationship! and trust me, they do AOS everyday from people on B2 visas...

if u want to stay and can wait that long AOS, if you want to leave then get married and file the CR1 and wait a year.. again, its up to you!

Pennycat · February 7, 2017

3 minutes ago, caliliving said:

its not that inconvenient.. also, u can order birth certificates and they will ship them to you. everything else you can get! its actually really easy to AOS from a tourist visa and people do it all the time.

i wouldnt worry.. you are already here, i would get married and aos asap! yes, you can get AP to travel but with what is going on in the world, i would not leave until i had a GC in hand!!!

Right, inability to leave and come back without AP really isn't that big a deal in the grand scheme of the convenience of side-stepping the CR1 process. But depending on a couple's situation, that could be a bigger deal for some than others. And yes, there is zero chance my husband would have used AP with everything that is going on right now, especially if it was adjusting from a B2 or VWP. Who knows when or how they'd change the interpretation of rules like that, based on everything that's just happened.

She'd mentioned having some loose ends (the dogs) to tie up abroad and the possibility of travelling abroad so that set off a little bell of "hrm maybe AOS in country wouldn't be the right choice if they want to be able to leave and come back at will". If that is the case, it's possible that applying for CR1, waiting for it in the US, then flying to Chile when the visa is about to expire (which hopefully will be around the interview date so minimal separation), and he can collect the dogs makes sense. That way, while CR1 is processing, he's free to come and go from the US as he pleases and he'd have green card on (final) arrival in the US. More complicated and more hoops for sure, but depending on their exact situation and how much international travelling they need/want to do in the next ~9 months, it's an option.