Questions about AOS

[nanodice 6]

Hey all,

 

I've stumbled upon this on the USCIS website: https://www.uscis.gov/greencard/immediate-relative-us-citizen . It appears that if you are the spouse of a US Citizen, you are eligible to file for an AOS straight away if you live in the US? What's preventing someone from flying to the US on a tourist visa, getting married there, and immediately filing an I-485? 

 

I've spoken with one of my friends who resided through an OPT, which expired, and got married. She filed for an I-485 right after that and stayed in the US until the receipt of a green card. Are people on an F-1 visa allowed that and not the tourist visa?

[KULtoATL 1,551]

7 minutes ago, nanodice said:

Hey all,

 

I've stumbled upon this on the USCIS website: https://www.uscis.gov/greencard/immediate-relative-us-citizen . It appears that if you are the spouse of a US Citizen, you are eligible to file for an AOS straight away if you live in the US? What's preventing someone from flying to the US on a tourist visa, getting married there, and immediately filing an I-485? 

 

I've spoken with one of my friends who resided through an OPT, which expired, and got married. She filed for an I-485 right after that and stayed in the US until the receipt of a green card. Are people on an F-1 visa allowed that and not the tourist visa?

Entering with a B2 with the intent to AOS is visa fraud. So really, people shouldn't do it. 

 

Not sure about F-1's AOS-ing so I cannot answer that

[EG&XY 144]

7 minutes ago, nanodice said:

Hey all,

 

I've stumbled upon this on the USCIS website: https://www.uscis.gov/greencard/immediate-relative-us-citizen . It appears that if you are the spouse of a US Citizen, you are eligible to file for an AOS straight away if you live in the US? What's preventing someone from flying to the US on a tourist visa, getting married there, and immediately filing an I-485? 

 

I've spoken with one of my friends who resided through an OPT, which expired, and got married. She filed for an I-485 right after that and stayed in the US until the receipt of a green card. Are people on an F-1 visa allowed that and not the tourist visa?

The fact that this would be visa fraud. You can not enter the US on a non-immigrant visa (except for a K-1 fiance visa or a K3 visa) with the intention to adjust status. However, if someone were to enter the US on a non-immigrant visa (such as a tourist visa, student visa, etc.) and then meet someone and decide to marry, then they could file for AOS. The difference is the intention when they pass through customs, in the later case they did not intend to marry and adjust, which is legal.

 

Now one important distinction that sometimes gets missed is that anyone is free to enter with the intention to marry, as long as they intend to then leave the US and file for the proper immigrant visa. The distinction here is that they did not intend to stay and go through AOS.

 

So to recap, it is legal to enter on a non-immigrant visa with the intention to marry, as long as you intend to leave within the allotted time, or to marry while in the US on a non-immigrant visa and file for AOS, as long as you are not trying to enter with the intention of doing so. Because it is visa fraud to intentionally enter the US on a non-immigrant visa (other than a K-1 or K-3 visa) with the intention to stay and file AOS.

[Crazy Cat 39,226]

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

[nanodice 6]

Thank you so much, everyone. That's EXACTLY what I needed to know. I was planning on the CR1 anyways and was just confused how an AOS directly from B1/B2 was possible.

 

Thank you!

[Ryan H 3,790]

***Thread closed to additional discussion under the below quoted provision of the TOS.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.