AOS from a B2 Tourist Visa

[Ms.Dawn 0]

Has anyone tried applying for AOS while on a tourist visa? I got married in Hong Kong and now I am in the US with my husband for a supposedly honeymoon/Long Vacation. But we just realized we cant live without each other and the hubby wants me to stay and not leave the US because the plane ticket costs a fortune.

Please help. Thanks - Mrs. Dawn

[Brother Hesekiel 2,236]

You made a mistake in your thinking.

Yes, people have adjusted successfully from tourist visas. That's possible if a tourist enters the US, falls in love, and gets married without any intention on having so when entering the US. The big surprise!

But that's not the case with you. You entered with a tourist visa (B2), but you were already married to a US citizen. The surprise is missing, the wedding is missing, and therefore you cannot successfully adjust status. You could try, but your case is one of the few where a paper trail unmistakibly points to misrepresentation, and that carries a lifetime ban.

My advice in your situation: don't even think about it! Travel back to the great Republic of China and apply for an CR-1 visa.

[VanessaTony 3,567]

You made a mistake in your thinking.

Yes, people have adjusted successfully from tourist visas. That's possible if a tourist enters the US, falls in love, and gets married without any intention on having so when entering the US. The big surprise!

But that's not the case with you. You entered with a tourist visa (B2), but you were already married to a US citizen. The surprise is missing, the wedding is missing, and therefore you cannot successfully adjust status. You could try, but your case is one of the few where a paper trail unmistakibly points to misrepresentation, and that carries a lifetime ban.

My advice in your situation: don't even think about it! Travel back to the great Republic of China and apply for an CR-1 visa.

I concur. I also think of your use of "supposedly" as suspicious.

It is ENTIRELY possible but given you arrived ALREADY married then the risk of denial and a lifetime ban is far too great. You are more than welcome to try but I would be remiss not to warn you about the very serious risks if you are denied (it's not guaranteed you'll be denied but IF you are... very bad).

[Ms.Dawn 0]

Thanks vanessa&tony and just bob.

When my husband was in Hong Kong he adjusted status over there and the hong kong immigration didn't think twice to give him a dependent visa because we submitted everything they needed.

He's free to work and stay in hong kong as long as he wants but my hubby is a country boy and couldn't stand living in the big city... I mean I know laws are different but we are just trying to be together.

[Ms.Dawn 0]

I have a good paying job and a life that I am willing to leave just to be with my hubby and that looks suspicious to y'all?

If we can do it in hong kong why can't we do it in the states? Who would ever want to leave a posh city life to a country full of cows and chicken? And I'm doing that simply because I love my husband and I'm not just trying to get a us citizenship off of him. I mean DUH.

Y'all are just accusing me of something I don't intend to do. That is why this forum is here, to give advise, and not to accuse someone.

[VanessaTony 3,567]

I have a good paying job and a life that I am willing to leave just to be with my hubby and that looks suspicious to y'all?

If we can do it in hong kong why can't we do it in the states? Who would ever want to leave a posh city life to a country full of cows and chicken? And I'm doing that simply because I love my husband and I'm not just trying to get a us citizenship off of him. I mean DUH.

Y'all are just accusing me of something I don't intend to do. That is why this forum is here, to give advise, and not to accuse someone.

The HUGE difference is the USCIS aren't nice and you're not only asking for a greencard, but for the possibility of citizenship. "Adjusting" to a dependent visa does what exactly? Is he able to become a Hong Kong citizen?

No-one said you ARE being dodgy but that's how it WILL 100% look to USCIS that on arriving here, with your USC husband, suddenly you are going to try AOS. Whether they decide to deny you is the question.

It is, as we both said, entirely possible for you to APPLY, and sometimes people get approved, but I can honestly say I've never seen someone enter as a spouse and do it (though there may be somewhere... I've never seen it). We're also not the ones that will deny you and give you a lifetime ban IF they decide that you lied when you entered as a visitor. No-one said they WILL, but they COULD and if they do you risk a lifetime ban and personally, I would prefer not to risk that, but if you want to try, that is entirely up to you.

If he has the Hong Kong visa I'd advise going back to Hong Kong and DCF'ing from there if you don't want to be apart as a safer option. The other option is a CR-1 visa while he is in the US and you are in Hong Kong.

Good luck with your decision.

[Deputy Purple 1,294]

Y'all are just accusing me of something I don't intend to do. That is why this forum is here, to give advise, and not to accuse someone.

And you're getting good advice.

Think about it, if it looks suspicious here how do you think USCIS employees will view it.

There are laws to prevent someone from entering on a Non-Immigrant Visa and adjusting to immigrant. The requirements for said visas are different.

It isn't uncommon for Alien Spouses of US Citizens to be denied Visitor's Visas or even turned back at the Port of Entry because of suspicion of immigrant intent.

If you are 100% confident that you can convince a complete stranger that your intent upon entry was to return to Hong Kong then go ahead and file for Adjustment. Just be aware that there is no room of Appeal if denied you may be hit with a charge of misrepresentation which would result in a lifetime entry ban.

Personally I wouldn't risk it even if I had a 90% chance of success because that 10% chance is too much of a risk when it comes to being with my wife.

[trillium13 84]

To the OP:

I don't really anything to add other than the fact that you have gotten good advice here. You have to decide whether the risk is worth it to you or not, and in your case, there is definitely a risk.

Just because you want something to be a certain way doesn't make it so. Just because someone doesn't give you the answer you want to hear doesn't mean they are wrong, or accusing you of anything.

[Ms.Dawn 0]

To the OP:

I don't really anything to add other than the fact that you have gotten good advice here. You have to decide whether the risk is worth it to you or not, and in your case, there is definitely a risk.

Just because you want something to be a certain way doesn't make it so. Just because someone doesn't give you the answer you want to hear doesn't mean they are wrong, or accusing you of anything.

I don't see why I can get my husband a visa in hk that easily without any hassle like this. But oh well as I've said it all depends on the immigration laws.

Were going to a different route and try to do dcf. Thanks y'all for the advise it has been really helpful.

[Ms.Dawn 0]

The HUGE difference is the USCIS aren't nice and you're not only asking for a greencard, but for the possibility of citizenship. "Adjusting" to a dependent visa does what exactly? Is he able to become a Hong Kong citizen?

No-one said you ARE being dodgy but that's how it WILL 100% look to USCIS that on arriving here, with your USC husband, suddenly you are going to try AOS. Whether they decide to deny you is the question.

It is, as we both said, entirely possible for you to APPLY, and sometimes people get approved, but I can honestly say I've never seen someone enter as a spouse and do it (though there may be somewhere... I've never seen it). We're also not the ones that will deny you and give you a lifetime ban IF they decide that you lied when you entered as a visitor. No-one said they WILL, but they COULD and if they do you risk a lifetime ban and personally, I would prefer not to risk that, but if you want to try, that is entirely up to you.

If he has the Hong Kong visa I'd advise going back to Hong Kong and DCF'ing from there if you don't want to be apart as a safer option. The other option is a CR-1 visa while he is in the US and you are in Hong Kong.

Good luck with your decision.

Yes he can get HK citizenship after a certain time of staying here. I thank you for giving me these advices it had been a lot of help.

[Sc0tt28 26]

A country full of cows and chicken?

Go ahead and keep living where you feel comfortable as long as it isn't here.

[Ms.Dawn 0]

Go ahead and keep living where you feel comfortable as long as it isn't here.

I will be comfortable living anywhere as long as it's with my hubby. I don't mean to be offensive but I am just trying to defend myself from all the accusations.

I admit I don't like living in country, But I will have to because I married someone who loves living in country.

I asked for opinions because I wanted to know answers, ya'll just assumed I will do it.

Once again, I thank you for all your advices. We will either do CR1 or DCF.

Dawn x

[DaniG 3]

Ms. Dawn, maybe you should consult with a lawyer who would weigh the particular evidence in your case that shows your initial intent to return to HK when you entered the US on a tourist visa (such as hubby adjusting to a resident there, still paying rent or having property there, still having a job there, etc.) against the possibility of denial for supposedly misrepresenting your non-immigrant intent.

I think a lawyer would be better able to judge how convincing it appears that you were intending to live permanently in HK but suddenly changed your mind when you came here than a forum full of people who know only that you got married before you came to the States. Still, what the others have pointed out is a real possibility, so act carefully.

[Krikit 1,164]

Rude and judgemental comments are unnecessary and a TOS violation. Please keep things civil. Thank you.

Ms.Dawn, I agree with DaniG in that a legal consultation is advised. Good luck.

[fastplz 0]

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