Jump to content
Sign in to follow this  
bono84

Immigration Vs tourist visa

59 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Philippines
Timeline
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.


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: Country: China
Timeline
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?


____________________________________________________________________________

obamasolyndrafleeced-lmao.jpg

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
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 (L) 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) .

:reading:


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: Other Country: Afghanistan
Timeline
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 (L) 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) .

:reading:

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.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
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 (L) 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) .

:reading:

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...


YMMV

Share this post


Link to post
Share on other sites
Filed: Other Country: Afghanistan
Timeline

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 by Sousuke

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Timeline
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...

Share this post


Link to post
Share on other sites
Filed: Timeline
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

halo19.gif

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

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
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. :bonk:

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?! :rofl::bonk:


12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Iran
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: Timeline
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. :bonk:

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?! :rofl::bonk:

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..

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Iran
Timeline

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.

Share this post


Link to post
Share on other sites
Filed: Timeline
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..

Share this post


Link to post
Share on other sites
 
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
Sign in to follow this  
- 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...