Apply for green card while wife is in US on tourist visa?

[Orangesapples 1,954]

8 minutes ago, TNJ17 said:

How are my assumptions incorrect? Are you or are you not wanting to file for AOS on a tourist visa? That’s not an assumption. You mentioned that when you came here asking for advice. Again, you came here asking for advice and just because you don’t like the advice you were given doesn’t mean it’s not real. And no I will not go away because it’s people like you who make this path to immigration much longer than it should be. 

Filing for AOS on a tourist visa is legal. Why do you think that visa journey has a guide about it? Please stop with the misinformation. I don't understand why you want to convince the OP that he shouldn't AOS if that's right for his personal situation.

[TNJ17 1,329]

3 minutes ago, Orangesapples said:

Filing for AOS on a tourist visa is legal. Why do you think that visa journey has a guide about it? Please stop with the misinformation. I don't understand why you want to convince the OP that he shouldn't AOS if that's right for his personal situation.

Dude. Go for it. It’s your future on the line. A person who entered on a tourist visa met someone got married and filed is so completely different from a person married to a us citizen with a pending CR1 in process who wants to move to the US and files for aos. Sure exactly the same thing. But like I said go ahead and do it. We’ll be seeing them back on this website asking for advice on how to get out of the trouble they got in because they did what they wanted to do. But please tell me again how I am wrong.

[Orangesapples 1,954]

3 minutes ago, TNJ17 said:

Dude. Go for it. It’s your future on the line. A person who entered on a tourist visa met someone got married and filed is so completely different from a person married to a us citizen with a pending CR1 in process who wants to move to the US and files for aos. Sure exactly the same thing. But like I said go ahead and do it. We’ll be seeing them back on this website asking for advice on how to get out of the trouble they got in because they did what they wanted to do. But please tell me again how I am wrong.

The scare mongering is ridiculous. Please find at least one thread on VJ where someone was denied AOS because of intent. As opposed to, you know, all the people posting who got approved - there are many of them and not one has even been asked if they had intent to AOS or not, no matter whether they were married when they entered or not. And I gave you a USCIS link to the case law establishing that intent at the border doesn't matter for the purposes of AOS. If a USCIS link is not enough for you, I don't know what you're trying to achieve here. 

[motoperpetuo 3]

33 minutes ago, TNJ17 said:

How are my assumptions incorrect? Are you or are you not wanting to file for AOS on a tourist visa? That’s not an assumption. You mentioned that when you came here asking for advice. Again, you came here asking for advice and just because you don’t like the advice you were given doesn’t mean it’s not real. And no I will not go away because it’s people like you who make this path to immigration much longer than it should be. 

No, that is correct and yet you're still being disingenuous. You made many other false assumptions about my intentions in your long, needlessly hostile reply. Next time you might try something like "No, applying for residency from the US on a tourist visa when you've already started the CR-1 process would be considered fraudulent." You could even present concrete evidence that what you're saying is correct if you really want to be helpful, rather than "I spoke with immigration officers who told me it was illegal."

Regardless, blocking you.

[Loren Y 2,732]

🍺 these forums make for great entertainment. Anyone try the new bud light orange, it's not bad. I only thought blue moon was good with orange.

 

Let's all have a few beers and relax a little bit.

Edited August 2, 2018 by Loren Y

[iwir 337]

OP just do what you plan to do and come back to us with the result. Someone else here might learn from it

[motoperpetuo 3]

8 minutes ago, iwir said:

OP just do what you plan to do and come back to us with the result. Someone else here might learn from it

I'll do that. I definitely appreciate all the help we've gotten on this forum and would like to pay it back in some small way.

Hopefully TNJ17 isn't right, but he may be so I'll probably consult with a lawyer first. I have no problem with his telling me that this Ukrainian we met was wrong and that it would be illegal for us to apply for AOS in our situation, but he could have done that without the hostility and in just a few sentences, preferably with evidence.

[Orangesapples 1,954]

8 minutes ago, motoperpetuo said:

I'll do that. I definitely appreciate all the help we've gotten on this forum and would like to pay it back in some small way.

Hopefully TNJ17 isn't right, but he may be so I'll probably consult with a lawyer first. I have no problem with his telling me that this Ukrainian we met was wrong and that it would be illegal for us to apply for AOS in our situation, but he could have done that without the hostility and in just a few sentences, preferably with evidence.

He's wrong 100%. It's illegal to enter the US with immigrant intent on a non immigrant visa. That is true. However, once you've been admitted and cleared by CBP, then your intent has been established - if CBP let you in, you're considered to not have had immigrant intent and that's the end of it. USCIS is not allowed to take intent at the border into consideration when determining whether to approve your green card or not. No one has ever been asked about their intent at the border during their green card interview and many, many people adjust from tourist visas. 

[SteveE 25]

1 hour ago, TNJ17 said:

How are my assumptions incorrect? Are you or are you not wanting to file for AOS on a tourist visa? That’s not an assumption. You mentioned that when you came here asking for advice. Again, you came here asking for advice and just because you don’t like the advice you were given doesn’t mean it’s not real. And no I will not go away because it’s people like you who make this path to immigration much longer than it should be. 

I originally arrived in the US on a B2 tourist visa. I later filed AOS to to adjust my status after marrying my then USC girlfriend, we filed the paperwork, had an interview and I received a conditional green card. Things didn't work out in the marriage and we separated and I never filed for removal of conditions, because to be honest I was not even aware you could do so if you were no longer married. I remained in the US and was out of status. I later met my current wife, also a USC. We filed AOS and our case was approved in under 6 months and I received my 10 year green card due to the length of our marriage.

 

I have no criminal record.

I entered the US with inspection on a visa that allows AOS.

I never had a deportation order issued against me.

My marriage is bona-fide 

 

In both cases I followed a legal path to immigration that was available to me as the spouse of a USC. You may not agree with that path or even like it, but it is nonetheless perfectly legal.

[TM92 527]

On 8/1/2018 at 8:56 PM, motoperpetuo said:

in May of 2018 received an embassy interview for 05 June 2018. Since we were planning on staying in Honduras for another year or two, we asked the embassy to postpone the interview indefinitely.

2 hours ago, Orangesapples said:

Actually, the fact that he has an approved I-130 means that he won't need to file it again and will save some money.

@Orangesapples: Since the file containing the approved I-130 is at the Tegucigalpa Embassy, will USCIS just simply ask the embassy to transfer it back? I could not find a resource that addresses this, only semi-relevant links: https://www.avvo.com/legal-answers/should-i-wait-for-nvc-to-send-back-my-case-to-usci-3294746.html and https://www.***removed***/forum/showthread.php/97921-I-130-approved-but-case-was-sent-to-NVC-by-mistake

@geowrian: thoughts? 

[Orangesapples 1,954]

7 minutes ago, TM92 said:

@Orangesapples: Since the file containing the approved I-130 is at the Tegucigalpa Embassy, will USCIS just simply ask the embassy to transfer it back? I could not find a resource that addresses this, only semi-relevant links: https://www.avvo.com/legal-answers/should-i-wait-for-nvc-to-send-back-my-case-to-usci-3294746.html and https://www.***removed***/forum/showthread.php/97921-I-130-approved-but-case-was-sent-to-NVC-by-mistake

@geowrian: thoughts? 

I don't know, I never had to deal with this myself. 

[motoperpetuo 3]

15 minutes ago, TM92 said:

@Orangesapples: Since the file containing the approved I-130 is at the Tegucigalpa Embassy, will USCIS just simply ask the embassy to transfer it back? I could not find a resource that addresses this, only semi-relevant links: https://www.avvo.com/legal-answers/should-i-wait-for-nvc-to-send-back-my-case-to-usci-3294746.html and https://www.***removed***/forum/showthread.php/97921-I-130-approved-but-case-was-sent-to-NVC-by-mistake

@geowrian: thoughts? 

Excellent point, and one reason I'll probably consult with a lawyer. Our case is unusual in many ways and ultimately it's possible that sending my wife back to Honduras in a few months, difficult as that will be, may be the best solution.

[TM92 527]

3 minutes ago, motoperpetuo said:

ultimately it's possible that sending my wife back to Honduras in a few months, difficult as that will be

I feel you about the perilous situation back in Honduras (Maras, etc.) but you also mentioned financial reasons (specifically airline tickets). Below is a recent thread that talks about using round trip tickets as one way because it is cheaper in some situations:

IDK if this also affects tickets to/from Honduras.

[Orangesapples 1,954]

8 minutes ago, motoperpetuo said:

Excellent point, and one reason I'll probably consult with a lawyer. Our case is unusual in many ways and ultimately it's possible that sending my wife back to Honduras in a few months, difficult as that will be, may be the best solution.

Your situation is not that unusual. I do think it's best to just send her back there and for her to get an immigrant visa within a couple of weeks and then a green card on arrival and then not have to deal with immigration for a while (you've been married for more than 2 years, correct? Then she'll get a 10 year green card and you won't have to do anything else unless she wants to file for citizenship but that's entirely optional). But other than that, it doesn't matter really which way you go. 

 

If you're going to pay for legal advice, pick a good lawyer, many people here have been given bad advice by incompetent lawyers. 

[motoperpetuo 3]

9 minutes ago, TM92 said:

I feel you about the perilous situation back in Honduras (Maras, etc.) but you also mentioned financial reasons (specifically airline tickets). Below is a recent thread that talks about using round trip tickets as one way because it is cheaper in some situations:

IDK if this also affects tickets to/from Honduras.

I appreciate it. Crime is always a worry in Honduras, but I'm even more worried about political instability and the possibility of riots shutting down the capital. Happened while I was there late last year, and there's still a lot of potential given the political situation.