AOS Question

[Cass1221 0]

Hi there,

Bit of a complicated one here.

My husband and I are visiting my family in the US currently, and were wondering about adjusting status while under his visit visa.

The complicated bit is though....

Last year I applied for a fiance visa to the UK and we were married in the UK were I spent over a year living there (I still have a year left on my 2 year limited leave to remain visa).

While visiting here in the US, seeing how the quality of life is so much better than where we were in the UK and jobs are more available in both our fields, and also my grandmother begging us to stay and live with her (lol she wants to leave us her house when she passes away) we have decided it might be a idea just to stay and file for his AOS.

Now I need to know would any of this hurt our chances of filing for AOS now?

Or would the fact that we are looking for a better life/better jobs/better life for FUTURE children and such help us out in our chances?

Thanks for any and all help....

[Nich-Nick 3,355]

If you didn't enter the country as a tourist with the real intention of him immigrating, then the AOS should go just fine. If he got here as a tourist and later changed his mind and decided to stay it's not considered fraudulent entry. People adjust that way all the time and it's not often even questioned. You have to have somebody who can co-sponsor the Affidavit of Support since the US citizen probably doesn't have a job here. It's not the favored way of doing things, and people on VJ will lash out at you, but it's done all the time without having to come up with a long list of reasons. Any documents he needs from the UK will have to be obtained from the US because he shouldn't leave until he has a green card. So that's a consideration about what to do about things back in the UK that are suddenly abandoned....job, house, belongings...?? Think it out. If he has anything that would prevent him from getting an immigrant visa...health issues, criminal history, drugs....then those things are still going to come up before he can be granted a green card.

Edited June 4, 2009 by Nich-Nick

[Cass1221 0]

Thanks for the help. I had seen a few posts on here where people had lashed out at each other for this type of immigration and it had worried me. But then I also ran across a few things here and there that led me to think that we would be just fine doing this if we wish.

As for things still in the UK his parents would gladly sort it out for us.

And we still have the tennancy agreement as well as his bank account, and his current job to say that we did not intend to stay here when we originally came over.

Thanks again, looks like I have more paperwork ahead lol just when I thought I was done after the visa to get to the UK.

[Usui Takumi 1,562]

This is a little different then the normal tourist visa to AOS thread in that you were already married when you arrived. (i'm not saying it makes any difference, I've just never seen it before.) You might pay an hour's consultation with an IA just to be safe.

[Bobby+Umit 161]

Now I need to know would any of this hurt our chances of filing for AOS now?

It shouldn't. As long as you didn't misrepresent yourselves at the POE, it should be a pretty standard case

Or would the fact that we are looking for a better life/better jobs/better life for FUTURE children and such help us out in our chances?

Won't matter in the least.

Thanks for any and all help....

not the favored way of doing things, and people on VJ will lash out at you

I think people lash out when someone posts here "I want to come visit, then marry and AOS, can I do that?" mostly.