Jump to content

4 posts in this topic

Recommended Posts

Filed: Country: Mexico
Timeline
Posted

Hello!!! A lot of people are telling me to go back to my country and file for fiancee visa or if i want to get married then get married and file for K-1... however we don't want to do that...

We went to see a laywer and she said everything looked good, first because i entered the country legally and because i attended college here in the 'US...+ my fiancee and i have been together for 6 years...

I graduated college in 2007, then applied for OPT and worked here for a year, then went back home in December when my work visa expired and I came on a tourist visa february 14th to attend my best friend's wedding and to check out some colleges to do my masters, he proposed and we want to get married and get adjust my status so we can start out life...

Have you heard of anyone that has gone through all this process while being on a tourist visa, if so how did it turn out?

May.29.2009 Got married!!!

July.22.2009 Sent our AOS paperwork I-130(g-325) and I-485(I-131, I-765, I-864, g-325)

July.28.2009 Immigration Received Paperwork

July.31.2009 Received NOA (I-130, I-765, I-485, I-131) and ASC Appointment Notice

August.27.2009 ASC Appointment (biometrics)

September.01.2009 Card production ordered

September.02.2009 Received Approval notice I-765

September.04.2009 Received Advance parole in the mail (I-131) =) yaaay i get to go home in December!

September. 11.2009 Received employment card :)

September.14.2009 Received Request to appear for initial interview

October.21.2009 INTERVIEW

Got approved that same day and i received my Residency Card 2 weeks later

Posted

As posted in your other threads.

As long as there are no negative factors against you, you probably will be able to AOS.

Standard Disclaimer:

Adjustment of status is discretionary. Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
Hello!!! A lot of people are telling me to go back to my country and file for fiancee visa or if i want to get married then get married and file for K-1... however we don't want to do that...

Why not?

I didn't see your other posts so I will answer here. Many people are able to adjust this way. My husband adjusted from a VWP. The only reason we did it this way was because we had no other option in our situation. If we could have done it another way, we would have, and that is what I would suggest to you. This is only my opinion of course.

There will be a burden on you to prove that you didn't enter the country with intent to stay and adjust. The whole process is extremely nerve wracking. I'm sure it is for everyone, but I think moreso when you try to adjust via this route. In my opinion, it would be worth it to be apart for what ultimately is a short amount of time, than to have to worry about every possible reason why you might be denied. If you go the K1 route, you don't have to worry about that whole question of intent, and that's a lot of weight off, believe me. Good luck in whatever you do. People do it this way, and from what I have read, most are successful.

24q38dy.jpg
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...