Entering as a tourist in the US before filling AOS

[superjazz 0]

Hi,

I am married to an USC for a year living abroad. We decided to move to the US a few days ago. I entered the country with my tourist visa and I am about to file the I130 and AOS. That said, I have just read the following sentence in the guide section of this website, which made me very nervous:

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

Does anyone know the likelihood of any of these penalties happening to me?

Thanks so much,

SuperJazz

[YuAndDan 153]

Very bad Idea. Using a tourist visa to immigrate is visa fraud. There is a proper visa for your situation, K-3 or CR-1.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

You can file I-130 while here, but I would not try adjusting status, big questions can be asked at the AOS interview.

Do you want to risk being band from USA for life?

Edited May 2, 2008 by YuAndDan

[Shamrock 0]

Hi,

I am married to an USC for a year living abroad. We decided to move to the US a few days ago. I entered the country with my tourist visa and I am about to file the I130 and AOS. That said, I have just read the following sentence in the guide section of this website, which made me very nervous:

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

Does anyone know the likelihood of any of these penalties happening to me?

Thanks so much,

SuperJazz

Regardless of what anyone can say to you (you will hear some people say that you definitely have to go back and start the spouse visa process), you CAN go through the AOS process from inside the US. I came here on a tourist visa and got married after three months of being here and I have my green card in hand right now. You have to be very careful about the way you word everything and put your paperwork together because it could be considered visa fraud. According to the law you can´t use your tourist visa to immigrate, but there are some special circumnstances like my case where we decided to get married "spur of the moment" in which you don´t run into any legal issues.

Now, I don´t have experience in couples that were already married and came together to the States, so my best advice would be for you to look for an immigration lawyer and have a consultation, for us that consultation was $100 and they told us what our options were. Now the lawyer will of course try to sell his/her services and that for us was $2,000. We decided to go on our own and we were approved.

Best of luck and if you have any more questions message me to my inbox.

[js360 0]

You CAN file AOS.....if were already married, what gets questioned is if you come to the US and marry in the US and stay in the US. that shows intent.....but since your already married there shouldnt be a problem. thats what me and my wife did, we were married, then she entered, and we filed AOS.

[Shamrock 0]

Very bad Idea. Using a tourist visa to immigrate is visa fraud. There is a proper visa for your situation, K-3 or CR-1.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

You can file I-130 while here, but I would not try adjusting status, big questions can be asked at the AOS interview.

Do you want to risk being band from USA for life?

This is what I´m talking about when I say people will tell you you totally screwed up. Best advice go to a lawyer before going back and having to be away from your family for 6 months waiting for your Spouse visa. The law is very explicit and yes coming with the intent of staying is visa fraud.

[YuAndDan 153]

Regardless of what anyone can say to you (you will hear some people say that you definitely have to go back and start the spouse visa process), you CAN go through the AOS process from inside the US. I came here on a tourist visa and got married after three months of being here and I have my green card in hand right now. You have to be very careful about the way you word everything and put your paperwork together because it could be considered visa fraud. According to the law you can´t use your tourist visa to immigrate, but there are some special circumnstances like my case where we decided to get married "spur of the moment" in which you don´t run into any legal issues.

Now, I don´t have experience in couples that were already married and came together to the States, so my best advice would be for you to look for an immigration lawyer and have a consultation, for us that consultation was $100 and they told us what our options were. Now the lawyer will of course try to sell his/her services and that for us was $2,000. We decided to go on our own and we were approved.

Best of luck and if you have any more questions message me to my inbox.

The OP was married BEFORE entering the USA, You married three months AFTER arriving in the USA, 2 different situations, USCIS understands that a person could enter the USA with no intention to stay, and after being in the USA for a while they found someone and on the spur of the moment decided to marry and adjust. The OP clearly entered the USA with the intent to stay.

[EstebanTrabajos 7]

I agree, since she was married before entering the US, he intent while arriving to the states was to immigrate. She doesn't need to apply for a K-1 but a K-3. There are some other options but you never know if the immigration office is going to hold you accountable for willingly coming to the US, with a tourist visa, knowing that the stay was going to be not for pleasure but forever. Are you willing to jeopardize your Green Card just because of technicalities and just for a few months of being appart?? you decide...

Better do the correct thing and apply like the law says. If you would've married after crossing as a tourist, well that's a different story.

Edited May 2, 2008 by GueraYTavo

[HAL 9000 96]

CR-1 or K-3... since you qualify for a tourist visa its best to play it safe these days. Visit as a tourist and that way you don't jeopardize your AOS.

[pushbrk 12,259]

I agree, since she was married before entering the US, he intent while arriving to the states was to immigrate. She doesn't need to apply for a K-1 but a K-3. There are some other options but you never know if the immigration office is going to hold you accountable for willingly coming to the US, with a tourist visa, knowing that the stay was going to be not for pleasure but forever. Are you willing to jeopardize your Green Card just because of technicalities and just for a few months of being appart?? you decide...

Better do the correct thing and apply like the law says. If you would've married after crossing as a tourist, well that's a different story.

Far more than the green card is in jeopardy. The risk is deportation and a ten year ban on entry to the US.

[LaL 418]

What did you tell them was the reason for your visit at the border?

Agree with others that stated : Entry using a tourist visa with intent to immigrate is fraudulant.

[superjazz 0]

What did you tell them was the reason for your visit at the border?

Agree with others that stated : Entry using a tourist visa with intent to immigrate is fraudulant.

Thanks so much for the replies. This forum is amazing!

I told to the immigration officer that I was coming to visit my wife's family, which was not a lie.

And, just out of curiosity, when in the process is the application possibly considered fraudulent? During the interview?

Best regards,

SuperJazz

[EstebanTrabajos 7]

Yes,

If you are interviewed by a really nice guy he won't even ask to see photographs (like during our interview), but if the guy is a crazy $#%Q he/she can ask and try to find you accountable for every single error you made during the process. That's why my advice is to do it the right way to avoid any headaches and puttiing your GC @ risk.

[LaL 418]

What did you tell them was the reason for your visit at the border?

Agree with others that stated : Entry using a tourist visa with intent to immigrate is fraudulant.

I told to the immigration officer that I was coming to visit my wife's family, which was not a lie.

You stated you decided to move to the US already married, entered as a tourist (citing a visit as reason for entry) and are now submitting AOS.

You just came here for a visit then?

[greeneyedgirlfl 0]

What did you tell them was the reason for your visit at the border?

Agree with others that stated : Entry using a tourist visa with intent to immigrate is fraudulant.

I told to the immigration officer that I was coming to visit my wife's family, which was not a lie.

You stated you decided to move to the US already married, entered as a tourist (citing a visit as reason for entry) and are now submitting AOS.

You just came here for a visit then?

Makes me wonder why I am doing this the K-1 route...

[KenKing 0]

What did you tell them was the reason for your visit at the border?

Agree with others that stated : Entry using a tourist visa with intent to immigrate is fraudulant.

I told to the immigration officer that I was coming to visit my wife's family, which was not a lie.

You stated you decided to move to the US already married, entered as a tourist (citing a visit as reason for entry) and are now submitting AOS.

You just came here for a visit then?

Makes me wonder why I am doing this the K-1 route...

So you won't be deported and banned?

From the FIRST post, it sounded like the OP intended to "move to the US" with the tourist visa, instead of "visiting" as the OP has later stated.

I would say that's a lie, and a fraud.