AOS from Tourist Visa - complicated situation

[jsgirlie 0]

First, please allow me to apologize for the length of this post.

My long time boyfriend is visiting on a tourist visa. After spending the last month and a half together, we would like to get married here in the US, but have the following situation which may complicate matters. He is a German citizen that has been working in Japan for the last 6 years. In the past year, he received a 3 year renewal on his Japanese work visa. He was laid off from his job in Japan seven months ago and has been unable to find another executive position. He is on the verge of declaring personal insolvency, and believes he will be deported from Japan back to Germany once it becomes clear to immigration that he no longer has his original position. He no longer has any ties back in Germany. Based on what I read, it seems that we will have to provide proof of his employment, proof of living circumstances (i.e., a lease, utility bills, etc.) in order to apply for adjustment of status from his tourist visa, assuming that we don't think it makes sense for him to try and establish a new home in Germany until a K1 visa comes through. As he has been unemployed for this length of time, and is possibly getting ready to lose his current lease, I am wondering if this will prevent an adjustment of status. I was hoping that someone might have some information that would help us before we attempt to hire a lawyer. I've looked in the forums, but haven't found anything that sheds light on our situation. I certainly am mindful that we don't get into a situation that would be miscontrued as fraud. We had no intention of getting married when he began his visit six weeks ago.

Thank you very much for any help you can provide.

jsgirlie

[trillium13 84]

It would seem to me that the current situation he's in would look very suspicious to USCIS, if you tried to marry and adjust. However, when it comes to adjusting from a tourist visa or VWP, it all boils down to intent at entry. I could be all wrong here though, maybe someone else has something more useful to say.

[EstebanTrabajos 7]

First, please allow me to apologize for the length of this post.

My long time boyfriend is visiting on a tourist visa. After spending the last month and a half together, we would like to get married here in the US, but have the following situation which may complicate matters. He is a German citizen that has been working in Japan for the last 6 years. In the past year, he received a 3 year renewal on his Japanese work visa. He was laid off from his job in Japan seven months ago and has been unable to find another executive position. He is on the verge of declaring personal insolvency, and believes he will be deported from Japan back to Germany once it becomes clear to immigration that he no longer has his original position. He no longer has any ties back in Germany. Based on what I read, it seems that we will have to provide proof of his employment, proof of living circumstances (i.e., a lease, utility bills, etc.) in order to apply for adjustment of status from his tourist visa, assuming that we don't think it makes sense for him to try and establish a new home in Germany until a K1 visa comes through. As he has been unemployed for this length of time, and is possibly getting ready to lose his current lease, I am wondering if this will prevent an adjustment of status. I was hoping that someone might have some information that would help us before we attempt to hire a lawyer. I've looked in the forums, but haven't found anything that sheds light on our situation. I certainly am mindful that we don't get into a situation that would be miscontrued as fraud. We had no intention of getting married when he began his visit six weeks ago.

Thank you very much for any help you can provide.

jsgirlie

everything surrounds the reasons to enter the US, of course you will be scrutinized since he didn't enter with a fiance's visa but if by the time he entered the US there WASN'T any intent to adjust status and marry you, he has the possibility to adjust.

Since his situation is really "ify" because he doesn't have any ties to Germany and he is about to lose his work visa in Japan, I would consult with a good immigration lawyer. Anyway guys, the worst that can happen is that he will have to return to Germany, you apply for a fiance's visa and he joins you after it's been approved (no worries and within the law).

Don't try to gamble your chances, if the lawyer says you have a good chance to adjust status while in the US, go for it, if not you won't lose anything but time being together but you will gain peace of mind since the chances are that his fiance's visa will be approved.

Edited June 3, 2009 by TävôLuDô

[sasaqlain 24]

First, please allow me to apologize for the length of this post.

My long time boyfriend is visiting on a tourist visa. After spending the last month and a half together, we would like to get married here in the US, but have the following situation which may complicate matters. He is a German citizen that has been working in Japan for the last 6 years. In the past year, he received a 3 year renewal on his Japanese work visa. He was laid off from his job in Japan seven months ago and has been unable to find another executive position. He is on the verge of declaring personal insolvency, and believes he will be deported from Japan back to Germany once it becomes clear to immigration that he no longer has his original position. He no longer has any ties back in Germany. Based on what I read, it seems that we will have to provide proof of his employment, proof of living circumstances (i.e., a lease, utility bills, etc.) in order to apply for adjustment of status from his tourist visa, assuming that we don't think it makes sense for him to try and establish a new home in Germany until a K1 visa comes through. As he has been unemployed for this length of time, and is possibly getting ready to lose his current lease, I am wondering if this will prevent an adjustment of status. I was hoping that someone might have some information that would help us before we attempt to hire a lawyer. I've looked in the forums, but haven't found anything that sheds light on our situation. I certainly am mindful that we don't get into a situation that would be miscontrued as fraud. We had no intention of getting married when he began his visit six weeks ago.

Thank you very much for any help you can provide.

jsgirlie

trillium13 is right. what matters is his intent at the point of entry. Many have adjusted from Tourist & VWP and most of them successfully sailed through, but its highly risky and despite the fact that I am adjusting from Tourist too, I would advise against it, if you have an doubts or can't prove your ties back home. You wont have the right to appeal, when your case is decided and the decision is not in your favor. Deporation and ban is a painful fact. In the end the decision is all yours. Best of Luck. I would stay away from lawyers.

[Killer_Clown_2009 0]

He doesn't need to show proof of ties to his former country unless he is asked for him. You won't need to submit any of that sort of information when/if you file an I-130/I-485. He "may" be asked for proof of ties, if USCIS feels that there was some sort of fraud. I don't think that happens very often. I was not asked for, nor did I have a whole lot of ties to my home country when I adjusted status from tourist. I was not that concerned though. If I was denied , then I would have just went home and figured out something else (like my spouse immigrating to Canada).

[Johnnny 0]

First, please allow me to apologize for the length of this post.

My long time boyfriend is visiting on a tourist visa. After spending the last month and a half together, we would like to get married here in the US, but have the following situation which may complicate matters. He is a German citizen that has been working in Japan for the last 6 years. In the past year, he received a 3 year renewal on his Japanese work visa. He was laid off from his job in Japan seven months ago and has been unable to find another executive position. He is on the verge of declaring personal insolvency, and believes he will be deported from Japan back to Germany once it becomes clear to immigration that he no longer has his original position. He no longer has any ties back in Germany. Based on what I read, it seems that we will have to provide proof of his employment, proof of living circumstances (i.e., a lease, utility bills, etc.) in order to apply for adjustment of status from his tourist visa, assuming that we don't think it makes sense for him to try and establish a new home in Germany until a K1 visa comes through. As he has been unemployed for this length of time, and is possibly getting ready to lose his current lease, I am wondering if this will prevent an adjustment of status. I was hoping that someone might have some information that would help us before we attempt to hire a lawyer. I've looked in the forums, but haven't found anything that sheds light on our situation. I certainly am mindful that we don't get into a situation that would be miscontrued as fraud. We had no intention of getting married when he began his visit six weeks ago.

Thank you very much for any help you can provide.

jsgirlie

trillium13 is right. what matters is his intent at the point of entry. Many have adjusted from Tourist & VWP and most of them successfully sailed through, but its highly risky and despite the fact that I am adjusting from Tourist too, I would advise against it, if you have an doubts or can't prove your ties back home. You wont have the right to appeal, when your case is decided and the decision is not in your favor. Deporation and ban is a painful fact. In the end the decision is all yours. Best of Luck. I would stay away from lawyers.

Is the lawyer not helpful? i have gather all the papers to send to my lawyer for my wife AOS I am just confused, my lawyer list of requirement for AOS is not the same as the list that i read in VJ my wife came here as a tourist visa but she came her to visit all of her friends and i ask her to marry me she supposed to go back but i dont let her go i know there is a way for immigration, hope for the best... but anyway i am going to follow the list of requirements in VJ and sent to my lawyer...can back out now i already pay and non refundable.

[Zen Den 18]

First, please allow me to apologize for the length of this post.

My long time boyfriend is visiting on a tourist visa. After spending the last month and a half together, we would like to get married here in the US, but have the following situation which may complicate matters. He is a German citizen that has been working in Japan for the last 6 years. In the past year, he received a 3 year renewal on his Japanese work visa. He was laid off from his job in Japan seven months ago and has been unable to find another executive position. He is on the verge of declaring personal insolvency, and believes he will be deported from Japan back to Germany once it becomes clear to immigration that he no longer has his original position. He no longer has any ties back in Germany. Based on what I read, it seems that we will have to provide proof of his employment, proof of living circumstances (i.e., a lease, utility bills, etc.) in order to apply for adjustment of status from his tourist visa, assuming that we don't think it makes sense for him to try and establish a new home in Germany until a K1 visa comes through. As he has been unemployed for this length of time, and is possibly getting ready to lose his current lease, I am wondering if this will prevent an adjustment of status. I was hoping that someone might have some information that would help us before we attempt to hire a lawyer. I've looked in the forums, but haven't found anything that sheds light on our situation. I certainly am mindful that we don't get into a situation that would be miscontrued as fraud. We had no intention of getting married when he began his visit six weeks ago.

Thank you very much for any help you can provide.

jsgirlie

trillium13 is right. what matters is his intent at the point of entry. Many have adjusted from Tourist & VWP and most of them successfully sailed through, but its highly risky and despite the fact that I am adjusting from Tourist too, I would advise against it, if you have an doubts or can't prove your ties back home. You wont have the right to appeal, when your case is decided and the decision is not in your favor. Deporation and ban is a painful fact. In the end the decision is all yours. Best of Luck. I would stay away from lawyers.

Is the lawyer not helpful? i have gather all the papers to send to my lawyer for my wife AOS I am just confused, my lawyer list of requirement for AOS is not the same as the list that i read in VJ my wife came here as a tourist visa but she came her to visit all of her friends and i ask her to marry me she supposed to go back but i dont let her go i know there is a way for immigration, hope for the best... but anyway i am going to follow the list of requirements in VJ and sent to my lawyer...can back out now i already pay and non refundable.

please read what USCIS says about AOS...not everybody can adjust status...most of the people here on VJ are adjusting from a K-visa (family-based visa)... so not every advise applies to all...with your situation (being married already, your wife might be able to adjust to K3.

anyway, here's the link:

http://www.uscis.gov/files/article/C2eng.pdf

good luck!

First, please allow me to apologize for the length of this post.

My long time boyfriend is visiting on a tourist visa. After spending the last month and a half together, we would like to get married here in the US, but have the following situation which may complicate matters. He is a German citizen that has been working in Japan for the last 6 years. In the past year, he received a 3 year renewal on his Japanese work visa. He was laid off from his job in Japan seven months ago and has been unable to find another executive position. He is on the verge of declaring personal insolvency, and believes he will be deported from Japan back to Germany once it becomes clear to immigration that he no longer has his original position. He no longer has any ties back in Germany. Based on what I read, it seems that we will have to provide proof of his employment, proof of living circumstances (i.e., a lease, utility bills, etc.) in order to apply for adjustment of status from his tourist visa, assuming that we don't think it makes sense for him to try and establish a new home in Germany until a K1 visa comes through. As he has been unemployed for this length of time, and is possibly getting ready to lose his current lease, I am wondering if this will prevent an adjustment of status. I was hoping that someone might have some information that would help us before we attempt to hire a lawyer. I've looked in the forums, but haven't found anything that sheds light on our situation. I certainly am mindful that we don't get into a situation that would be miscontrued as fraud. We had no intention of getting married when he began his visit six weeks ago.

Thank you very much for any help you can provide.

this link will be able to help you decide if he can adjust status and if so, how:

http://www.uscis.gov/files/article/C2eng.pdf

good luck!

jsgirlie

[jundp 191]

OP sometimes it makes better sense to get a lawyer's advice when there's a tricky situation such as yours. Often when dealing with straightforward cases using a lawyer is both a waste of time and money (and sometimes worse, because we've seen some BAD legal advice here on VJ).

In a situation with no issues regarding a work visa from a third country, as long as the INTENT to marry and adjust status wasn't there when your boyfriend entered the country, then you'd probably have a relatively easy time doing AOS. Many have successfully done just that.

I have no experience with the work visa though, so I can't offer anything but good luck!

[Aloe 10]

I have no experience in your particular situation, although, I too came to the U.S. on a tourist visa and am now adjusting. First I will say if your boyfriend DID enter the States with the intention to get married I strongly advise you do not even attempt AOS. The repercussions can be way too serious to even play around with! Ok I just wanted to get that out of the way. I know you said he did NOT come with the intent and I do believe you but anyone can read this and they all need to know that.

My suggestions to you are. Get a copy of his lease agreement now while he does still have one. Even if it has run out by the time you Adjust Status it proves that when he entered the United States he DID have a residence to go back to. When did he apply for the renewal of his Japanese Visa was it a long time ago? If not you may also be able to use that to prove he had intentions of returning to Japan, it may not be a GREAT from of evidence but it may add some weight to proving he was intending to leave the U.S. Make sure you have a copy of his RETURN plane ticket available to show them. That is I believe one of the biggest things they look for. Does your BF have a car in Japan? If he does you can show that. Has he applied for any jobs recently tht have responded to him to show that he was trying to find employment in Japan? That again may not be great evience but it MIGHT help and won't hurt to have. Does he have any appointments he needs to keep in Japan that he can show? Any bank accounts that are being used? How long is his tourist visa valid? You are beter off getting married closer to the end of his visa as that is less suspicious then getting married as soon as someone enters the country. Does he have any payments he makes in Japan? Insurance? Did he buy travel insurance for this trip that ends at the same time his visa does?

I will list what I am using and maybe you will ave something similar

- A letter from my father in law asking me to visit for a certain amount of time.

- A letter from my step-mother stating that I would be returning to Australia and that when I did I would have a place to live at her house.

- A $12,000 loan in Australia

- At the time I left I was enrolled in a college course that I was to return to. I also started another online course whilst I was in America that would only contribute to a career in Australia.

- A return plane ticket stating a return date of Feb 15th which was later extended to May 17th when I decided I was going to stay longer than I initially thought.

- Insurance which would have expired Feb 18th and then proof it was extended to May 17th for the same reason I changed my plane ticket.

That's all I can think of right now but even the smallest things will contribute, just rack your brain as to what you can use to PROVE his intent WAS to return home.

They may NOT ask for this but incase they do you want to KNOW that you have it available otherwise you may get into a very sticky situation. USCIS is not going to try and prove he came here with intent to stay because if you cannot prove he was going back home then they will think he did enter to stay if that makes sense. Otherwise everything should really be ok. You are not doing anything illegal or being dishonest (provided he came with no intent to stay).

I hope this helps and if I can help anymore I will be back to let you know or you can ask. I am by no means an expert though lol.

Good luck.

[jsgirlie 0]

Thank you all so much for taking the time to reply. I can't tell you how much we appreciate the helpful information you have provided!

jsgirlie

[JlovesC 0]

I've just adjusted from a tourist visa without problems. I think that the intention is what matters. When I came to the US to visit for the second time, I had no intention in marrying. However, we decided to do so and I don't regret that. At that point, I had ties in my country (job, lease, bank account) but during my interview last week, the uscis officer did not ask anything about that. Our interview was 10 minutes long and she only asked me how we had met, when we had got married, our address, she looked at our bills, bank statements, insurance (that we had sent previously), looked at our albums, took some pictures, and said that I had been approved. Simple as that. Now I'm waiting for the green card. It took us a while to adjust because my husband had some taxes issues, but the whole process was very smooth.

Just make sure you have enough evidence of your relationship.