options fo rmy case

[Jordandawg05 13]

If you file for AOS, the Advance Parole is free. It will be approved in 3 months. You might to be able to reschedule the return leg of the flight for a fee, but yes, there is lost money that way. On the other hand, you don't need to pay for another flight back here.

You should request this thread be moved to the AOS- other forum.

i called the airline and i am not able to change the ticket to next summer as it will be more than a year for the issuing of the ticket...so if i do ASO i will lose that ticket and have to buy a full ticket if my wife wants to visit next summer. i think she wants to visit in summer preferably as her sister from abu dabi will be visiting at the same time so its good to know that 3 months to do AP is good as we should have that done if we decide to go this route.

[ValerieA 350]

This is not my personal opinion - but what a cynical USCIS agent may think.

When she entered the US, she didn't know that her parents had applied for immigrant visas and had an interview scheduled? How is that possible? How did her situation change if she knew all along that her parents were immigrating and she would return home alone? How do we know that she didn't use the tourist visa with the intent to adjust when her parents got their visas so she would not be alone back home?

It's not up to USCIS to prove she had the intent to immigrate at the time of entry. It is her burden to prove that she didn't have the intention to immigrate at the time of entry.

Based on the information provided, it is PLAUSIBLE (I am not saying this is true or accusing anyone of any fraud.) that she used the tourist visa with the intent to immigrate because she knew her parents were immigrating, and she did not want to be alone in her home country.

As Harpa has already stated, it IS up to USCIS to prove intent, and either way, intent alone can not be used as a reason to deny an AOS application for the spouse of a US citizen.

And if, as Harpa states, she can file the I-485 and not have to refile and repay, it seems like a logical step.

For peace of mind, the OP should look at the entry stamp, I-94, etc and be sure there are no notations re: adjusting status. There are times when the CBP officer will put something there (and in their system) that the person cannot adjust status. Don't let something like that trip you up and cause stress and trouble.

The border guard in secondary wrote "No COS/AOS" on my B-2 entry stamp, and it had no impact on my ability to AOS. It was explained to me that the notation has no legal standing or implication, it's more to scare people off from AOSing than anything.

OP, if everything goes normally, your spouse should have her green card within 4-5 months of filing you application. Plenty of time for a visit home next summer, if you decide to go this route.

Edited September 30, 2012 by ValerieA

[DandT14 272]

i called the airline and i am not able to change the ticket to next summer as it will be more than a year for the issuing of the ticket...so if i do ASO i will lose that ticket and have to buy a full ticket if my wife wants to visit next summer. i think she wants to visit in summer preferably as her sister from abu dabi will be visiting at the same time so its good to know that 3 months to do AP is good as we should have that done if we decide to go this route.

I would wait until shortly before the flight, then cancel. Often they will then issue you a credit that's good for 1 year. It can only be used by the original passenger (your wife) but it doesn't sound like that would be a problem for you. You won't get the full price of the ticket but you would probably get the majority of it.

[Jordandawg05 13]

I would wait until shortly before the flight, then cancel. Often they will then issue you a credit that's good for 1 year. It can only be used by the original passenger (your wife) but it doesn't sound like that would be a problem for you. You won't get the full price of the ticket but you would probably get the majority of it.

i am not sure of this as when i spoke to the agent it sounded that my ticket is non refundable and since i bought it last february it can only be extended to one year from the issuing date feb 2013. I can try this idea if we decide to go ASO route and hope they can give us some money back, would be better than nothing i guess !

[DandT14 272]

i am not sure of this as when i spoke to the agent it sounded that my ticket is non refundable and since i bought it last february it can only be extended to one year from the issuing date feb 2013. I can try this idea if we decide to go ASO route and hope they can give us some money back, would be better than nothing i guess !

It's something to try, anyway. I'm sure the policy varies by airline, but my husband was able to cancel non-refundable tickets with Continental and air Canada and get the value as a credit.

[Jordandawg05 13]

As Harpa has already stated, it IS up to USCIS to prove intent, and either way, intent alone can not be used as a reason to deny an AOS application for the spouse of a US citizen.

The border guard in secondary wrote "No COS/AOS" on my B-2 entry stamp, and it had no impact on my ability to AOS. It was explained to me that the notation has no legal standing or implication, it's more to scare people off from AOSing than anything.

OP, if everything goes normally, your spouse should have her green card within 4-5 months of filing you application. Plenty of time for a visit home next summer, if you decide to go this route.

some how i missed reading thi spost -- i did check her I94 stamp and it didn't have anything to that extend. Its good to know that its still an option to ASO if you had that though.

We hired a local laywer to get a 'feel' from the locals that deal with my area on a weekly basis and the lawyer recommanded an ASO with a chance of 80% of everything going OK. They mentioned that our officers focus more on having a true marriage than messing with how did the immigrant enter and when and whether they had an intention to misuse the visa or not. The laywer mention to small talk and not to focus on intention and flight, just to answer the questions of what they ask and be 'normal'.

We are leaning to do an ASO as i am concerned about my wife living alone and with the regions viatility with Syria you never know what will happen in Jordan so we rather complete the paperwork here in the US since our situation changed. It does cost more for the ASO package but i rather spend that money and knowing the women i love and married is safe.

We'll be looking over the guide soon and hammering at what is needed for this packet - wish me luck !

[ValerieA 350]

Oh, we all wish you luck here...but you won't need it. Just fill out the forms and gather evidence of a bonafide marriage! I hope you have a quick successful journey.

[Jordandawg05 13]

Oh, we all wish you luck here...but you won't need it. Just fill out the forms and gather evidence of a bonafide marriage! I hope you have a quick successful journey.

Thank you for the encouraging words!