Immigration Vs tourist visa

[Chica Yeyé 41]

Besides Iran is not a friendly country to the US.. More hostiles there than the Philippines. Your fiancee probably did their interview in Jordan, that's why the long wait.

MY GOD

Reported. FIVE times in one day. Shut UP!

[visacheck 3]

Rdan,

Yes we all know that it happens all the time and is allowed by USCIS, adjusting from tourist visa. I adjusted from tourist visa. They are not questioning the legality or illegality of that. What everybody is saying is that you can not give an advise to anyone here on VJ to commit visa fraud because that is against the terms of service of VJ. Simple as that.

Technically, applying for a tourist with the intent of marrying and adjusting once you get to the US /is/ illegal. TOS or not.

This was actually how my lawyer-brother advised me! He had a friend with a penchant for RUS-B women who ended up meeting, marrying, and adjusting with illegal intent.

Look, I'm one of those people that will run a red stoplight in the middle of nowhere. BUT I put a stop at any possible visa fraud. It's simply too big a of a risk...

Yes I am aware it is illegal. What i was saying is that AOS from visitor visa is allowed by USCIS in response to rdan19's post about AOS from tourist visa happening all the time.

[justashooter 430]

Hey my parent got their tourist visa months and months before I got my citizenship. So their intent was to visit the good old US of A and have some apple pie. They happen to change their minds and stay here on a permanent basis.. Like the 1000's of others in the similar situation.

They spent 10s of thousand of dollars here already on touristy stuff, and shopping.. Inputting into the economy. They got screened like everyone else at the embassy. Lots of people dont get the visa because they are poor.

To each their own..

lot of ####### telling me that one, buddy. my wife and i planned on getting married months and months before she got her visa.

on a tourist visa your parents have not had a medical inspection. if they are old and infirm they would have not passed it for immigration purposes, anyway. the assumption is that they will end up in public health assistance, a drain on the US taxpayer. look at me with a straight face and tell me you're gonna pay for their health care till they croak.

makes no difference how much money they spend here. they bought chinese ####### anyway, right?

[visacheck 3]

Yawn, I thought we already went through this - intent to immigrate on a tourist visa is illegal and is visa fraud....but it is not presumed....the burden of proving fraud lies with the government.

RD they want to get married and move to the US therefore its fraud case closed!

Wrong.

Immigration and Nationality Act

Chapter 2 - Act 214

Every alien 10/ (other than a nonimmigrant described in subparagraph or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) .

[Usui Takumi 1,562]

Yawn, I thought we already went through this - intent to immigrate on a tourist visa is illegal and is visa fraud....but it is not presumed....the burden of proving fraud lies with the government.

RD they want to get married and move to the US therefore its fraud case closed!

Wrong.

Immigration and Nationality Act

Chapter 2 - Act 214

Every alien 10/ (other than a nonimmigrant described in subparagraph or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) .

Note that it says at the time of admission....

Sorry my point was connected to another thread regarding AOS...ie at AOS there is no requirement to prove intent. I probably could have been more clear about that.

[payxibka 10,044]

Yawn, I thought we already went through this - intent to immigrate on a tourist visa is illegal and is visa fraud....but it is not presumed....the burden of proving fraud lies with the government.

RD they want to get married and move to the US therefore its fraud case closed!

Wrong.

Immigration and Nationality Act

Chapter 2 - Act 214

Every alien 10/ (other than a nonimmigrant described in subparagraph or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15) .

Note that it says at the time of admission....

Sorry my point was connected to another thread regarding AOS...ie at AOS there is no requirement to prove intent. I probably could have been more clear about that.

No, but intent at entry could be challenged...

[Usui Takumi 1,562]

Yes with proof that the government holds. And just to go back and clarify I was talking about the burden of proof at AOS...obviously the burden of proof is with the immigrant when he enters the POE.

Edited October 30, 2009 by Sousuke

[Boiler 43,788]

How about:

Get a tourist visa to come and do the exam and return.

After you get here, reconsider whether you actually do need to go home and how much easier it would be to stay and adjust.

Everybody's happy

[Wubzywub 0]

Hey my parent got their tourist visa months and months before I got my citizenship. So their intent was to visit the good old US of A and have some apple pie. They happen to change their minds and stay here on a permanent basis.. Like the 1000's of others in the similar situation.

They spent 10s of thousand of dollars here already on touristy stuff, and shopping.. Inputting into the economy. They got screened like everyone else at the embassy. Lots of people dont get the visa because they are poor.

To each their own..

lot of ####### telling me that one, buddy. my wife and i planned on getting married months and months before she got her visa.

on a tourist visa your parents have not had a medical inspection. if they are old and infirm they would have not passed it for immigration purposes, anyway. the assumption is that they will end up in public health assistance, a drain on the US taxpayer. look at me with a straight face and tell me you're gonna pay for their health care till they croak.

makes no difference how much money they spend here. they bought chinese ####### anyway, right?

you can do all the medical stuff here in the USA..

See link

https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

People should really consult a professional immigration attorney that has balls, and knows the law.. THere are way too many amatuers in this site that want to take the long way.

The public drain is what the affidavit of support is for.

Anyone can do what they want...

[Wubzywub 0]

Besides Iran is not a friendly country to the US.. More hostiles there than the Philippines. Your fiancee probably did their interview in Jordan, that's why the long wait.

MY GOD

Reported. FIVE times in one day. Shut UP!

This is true.. Political Iran is an axis of evil country. They have a harder time and have to prove more to USCIS. just makes sense

[visacheck 3]

Hey my parent got their tourist visa months and months before I got my citizenship. So their intent was to visit the good old US of A and have some apple pie. They happen to change their minds and stay here on a permanent basis.. Like the 1000's of others in the similar situation.

They spent 10s of thousand of dollars here already on touristy stuff, and shopping.. Inputting into the economy. They got screened like everyone else at the embassy. Lots of people dont get the visa because they are poor.

To each their own..

lot of ####### telling me that one, buddy. my wife and i planned on getting married months and months before she got her visa.

on a tourist visa your parents have not had a medical inspection. if they are old and infirm they would have not passed it for immigration purposes, anyway. the assumption is that they will end up in public health assistance, a drain on the US taxpayer. look at me with a straight face and tell me you're gonna pay for their health care till they croak.

makes no difference how much money they spend here. they bought chinese ####### anyway, right?

you can do all the medical stuff here in the USA..

See link

https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

People should really consult a professional immigration attorney that has balls, and knows the law.. THere are way too many amatuers in this site that want to take the long way.

The public drain is what the affidavit of support is for.

Anyone can do what they want...

If you think there are way too many amateurs in this site, then why are you asking for FREE advice here on VJ? You even asked what AP looks like.

Why dont you pay and consult a professional immigration lawyer that has balls? Ask him whatever the hell you want.

Do you remember saying this on your old post?

"The I485 is quite pricey.. Is it least costly do file the I130 and have them do the visa processing in Manila?"

You're saying your parents spent 10's of thousands of dollars for shopping but you think I-485 is quite pricey?!

[belinda63 2,981]

Back to post.

I would follow your plans, apply for the visa for him to take his exams, make very certain he has proof that he intends to return to his country, explain the necessity of the exam here i the US and that you are married and he does intend to return on a LEGAL immigrant visa when it is approved.

It is correct that from India it usually takes longer to get approval.

[Wubzywub 0]

Hey my parent got their tourist visa months and months before I got my citizenship. So their intent was to visit the good old US of A and have some apple pie. They happen to change their minds and stay here on a permanent basis.. Like the 1000's of others in the similar situation.

They spent 10s of thousand of dollars here already on touristy stuff, and shopping.. Inputting into the economy. They got screened like everyone else at the embassy. Lots of people dont get the visa because they are poor.

To each their own..

lot of ####### telling me that one, buddy. my wife and i planned on getting married months and months before she got her visa.

on a tourist visa your parents have not had a medical inspection. if they are old and infirm they would have not passed it for immigration purposes, anyway. the assumption is that they will end up in public health assistance, a drain on the US taxpayer. look at me with a straight face and tell me you're gonna pay for their health care till they croak.

makes no difference how much money they spend here. they bought chinese ####### anyway, right?

you can do all the medical stuff here in the USA..

See link

https://egov.uscis.gov/crisgwi/go?action=of...office_type=CIV

People should really consult a professional immigration attorney that has balls, and knows the law.. THere are way too many amatuers in this site that want to take the long way.

The public drain is what the affidavit of support is for.

Anyone can do what they want...

If you think there are way too many amateurs in this site, then why are you asking for FREE advice here on VJ? You even asked what AP looks like.

Why dont you pay and consult a professional immigration lawyer that has balls? Ask him whatever the hell you want.

Do you remember saying this on your old post?

"The I485 is quite pricey.. Is it least costly do file the I130 and have them do the visa processing in Manila?"

You're saying your parents spent 10's of thousands of dollars for shopping but you think I-485 is quite pricey?!

We all know pinoys are resourceful peeps.. They have done everything in the book.. All's good.. stepping stones in life. Btw we did retain an atty just to make sure. And you? did you TNT? have a second spouse and illegitimate kids back home?

It's my cheap #### white spouse that did not want to spend any money... My parents forked up the bill. He's asking all those stupid questions..

[belinda63 2,981]

And people wonder why the phillipines is considered a high fraud country.

BTW Dan changing your profile i already know your service center is St Paul.

There are laws and there are laws, will we see you on the news for robbing a bank because you are so smart you decided it was easier than working?

Will you go steal your food because you don't want to stand in line at the store?

How about driving, maybe you will kill someone because the laws don't apply to you.

[Wubzywub 0]

And people wonder why the phillipines is considered a high fraud country.

BTW Dan changing your profile i already know your service center is St Paul.

There are laws and there are laws, will we see you on the news for robbing a bank because you are so smart you decided it was easier than working?

Will you go steal your food because you don't want to stand in line at the store?

How about driving, maybe you will kill someone because the laws don't apply to you.

Iran is still one of the axis of evil countries, at least the Philippines is mainly a christian country.. tHEY won't cut off hands or heads if they steal here.

Hope the US finally does something with IRAN.. that country has been trouble since the beginning of the 20th Century..