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Maxismom

Visa for Spouse + AOS while having a waiver tourist visa

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Hi.

I've been in the US with a Waiver tourist visa for 2 weeks and I want to apply for AOS + I-130. my husband is a us citizen born in the US. Me and my husband have been married for 3.5 years, we got married outside the US and we have a 1yo kid (us citizen as well).

I want to be a permanent resident and also get authorization to work. What is the best way to do it? 

1. send all the files with our current documents, can my application be denied? Is it possible to succeed in this scenario?

2. get married in the US 

3. What happen if I get a Job offer?

 

 

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Smarter minds than me can answer your first question.

 

But in relation to your other questions...

 

2) You're already married so no need to get married again.

3) You have to wait until you have a permit to work.  You can get a job offer but you can't accept it, nor can the employer hire you.

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Posted (edited)

If you came here two weeks ago under a tourist visa with an intent to immigrate, that's fraud.   

 

When my husband and I got married we followed our lawyer's advice: he left the US after the wedding and immediately filed the CR-1 from overseas.  Then we waited our turn just like everyone else. 

Edited by mtempelaar

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30 minutes ago, Maxismom said:

Hi.

I've been in the US with a Waiver tourist visa for 2 weeks and I want to apply for AOS + I-130. my husband is a us citizen born in the US. Me and my husband have been married for 3.5 years, we got married outside the US and we have a 1yo kid (us citizen as well).

I want to be a permanent resident and also get authorization to work. What is the best way to do it? 

1. send all the files with our current documents, can my application be denied? Is it possible to succeed in this scenario?

2. get married in the US 

3. What happen if I get a Job offer?

 

 

So why didn't you file CR1 spouse visa hmm? Takes too long,  right?

 

This is literally what USCIS will see - couple married for almost 4 years who didn't want to bother with spouse visa.

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37 minutes ago, Maxismom said:

Hi.

I've been in the US with a Waiver tourist visa for 2 weeks and I want to apply for AOS + I-130. my husband is a us citizen born in the US. Me and my husband have been married for 3.5 years, we got married outside the US and we have a 1yo kid (us citizen as well).

I want to be a permanent resident and also get authorization to work. What is the best way to do it? 

1. send all the files with our current documents, can my application be denied? Is it possible to succeed in this scenario?

2. get married in the US 

3. What happen if I get a Job offer?

 

 

Like people have previously mentioned, changing your mind now after POE is seen as fraud when you apply for AOS. Of course there was someone else on the forum who did go ahead with this procedure and said the lawyer was taking care of it. :unsure:

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Intent is determined at POE so OP has met that.

 

I think the bigger problem the OP is facing is that it will now take months to gain a work permit.  OP can search for a role, even have an offer in place, but can't do anything about work until the work permit is approved.

 

Hopefully, the husband can support the family until then.

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***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

 

**Moderator hat off**

 

6 hours ago, EmilyW said:

Intent is determined at POE so OP has met that.

 

This is the only correct post in this thread on that regard; the Board of Immigration Appeals has ruled suspicion of intent cannot be the sole reason to deny an AOS application.  If you don't like that fact, reach out to your Representative and the Senators for your State and tell them that you want to see the INA amended to prohibit AOS from tourist visas and the VWP.  Additionally, if USCIS did suspect Material Misrepresentation, the burden is on them to prove it, not on the applicant to prove they didn't.

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2 hours ago, Teemo said:

What they're doing is either legal and allowed, or illegal and not allowed. Either their application will be accepted, or it will be denied. Morals have nothing to do with it. It's not a question or an assessment of moral or immoral, "cool"  or "not cool," "getting in line like anyone else" vs " you are trying to skip the line." It's simply a question of what is allowed by law, and what isn't - what USCIS will accept, and what it will reject. There's no more reason to invoke morals here then there would be over someone who parked correctly or parked incorrectly and received a (civil) penalty. 

 

Getting real tired of the misplaced and misguided moral outrage I see on this forum everyday. Save that for the real offenders. 

 

By legal terms, yeah, they're good as gold now. But just because you don't get caught doesn't mean you didn't still break the law. I make no apologies for promoting integrity.

 

No need to get tired. Differing opinions happen. Everything will be ok my friend!

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thank you, I only read the info on the uscis website about AOS and I didn't see anything about a possible fraud. 

I don't want to commit fraud or do something illegal, I just want to be out of trouble and be with my family.

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There is tons of people on here who overstay their visas for long periods and since everyone knows USCIS forgives overstay if you marry USC. Everyone encourages that they do AOS asap. But apparently someone trying to do AOS after changing their minds during a visit is jumping the line all of a sudden.

 

OP, consult an attorney as your case will be tougher but for sure it is far from illegal, unless at POE they asked you specificially what your visit was about. Also did you have a return ticket booked?

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Posted (edited)

Entering with VWP would have required  return ticket. 

As said this is a very emotionally charged area.. and for understandable reasons.. but, as stated, the act of AOS after entering is currently a legal avenue and is hence available to the OP. People have different feelings about whether this route should remail possible.. so as said.. talk to your Congressional representatives and vote for the changes you feel should be made..

In a similar vein.. some of my vj colleagues feel that removing the IR5 category for  USC parents is important.. as we came over on that visa, i have a different opinion and will strongly defend my use of that legal avenue.. if it changes, so be it.. immigration is a privilege not a right 

Edited by Dee elle

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5 minutes ago, Dee elle said:

Entering with VWP would have required  return ticket. 

As said this is a very emotionally charged area.. and for understandable reasons.. but, as stated, the act of AOS after entering is currently a legal avenue and is hence available to the OP. People have different feelings about whether this route should remail possible.. so as said.. talk to your Congressional representatives and vote for the changes you feel should be made.. on a similar vein.. some of my vj colleagues feel that removing the IR5 catefkry fkr USC parents is important.. as we came kver on that visa, i have a different opinion and will strongly defend my use of that legak avenue.. if it changes, so be it.. immigration is a privilege nit a right 

Your 'o' key is broken

 

:)

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