Friend's fiance came on tourist visa can he stay?

[DandT14 272]

Like Gegel said, entering the US on a non-immigrant visa with the purpose to immigrate or get the AOS is considered fraud. As the rest of people here that took the right patch, they should do it in the right way. Otherwise everybody should use the tourist visa to emigrate to US.

I guess if they get approved, will depend of the inmigration officer and you never know whats gonna happen with that. Some people had luck doing that and others did not.

Seriously, READ the original post. He's already here. He didn't use a non-immigrant visa with the intent to immigrate. He got here and changed his mind about leaving. The "RIGHT" path is AOS.

It's a legal process developed by USCIS for these situations. Stop it with the fraud stuff.

[JohnR! 5,495]

Seriously, READ the original post. He's already here. He didn't use a non-immigrant visa with the intent to immigrate. He got here and changed his mind about leaving. The "RIGHT" path is AOS.

It's a legal process developed by USCIS for these situations. Stop it with the fraud stuff.

I have reason to believe you misunderstood my post. What I stated about fraud is correct.

I did not mean to imply that was the case at hand, for only those involved know of their intentions, therefore I kept my comment open and explained the possibilities and risks associated.

I did not say nor did I imply their case was fraud, however many do enter the US on tourist visas with the intention of marrying and staying in the country without knowing that is considered fraud. If anything my intention was to alert them to that particularity of the law.

Seriously, read the original post and you will realize there is no indication one way or another.

Edited October 24, 2012 by Gegel

[DandT14 272]

I have reason to believe you misunderstood my post. What I stated about fraud is correct.

I did not mean to imply that was the case at hand, for only those involved know of their intentions, therefore I kept my comment open and explained the possibilities and risks associated.

I did not say nor did I imply their case was fraud, however many do enter the US on tourist visas with the intention of marrying and staying in the country without knowing that is considered fraud. If anything my intention was to alert them to that particularity of the law.

Seriously, read the original post and you will realize there is no indication one way or another.

Yes there is. She said he came on a tourist visa, but now he doesn't want to go back. So, he changed his mind. Not hard to understand.

And the post you quoted was directed towards someone else, the post that was directed towards you a couple pages ago was pure sarcasm.

[JohnR! 5,495]

Yes there is. She said he came on a tourist visa, but now he doesn't want to go back. So, he changed his mind. Not hard to understand.

It is now clear you did misunderstand my post. No harm done. Have a great day!

[DandT14 272]

Actually I chose to ignore the majority of your post, because I thought Harpa covered it. But here:

Entering the US on a non-immigrant visa with the purpose to immigrate or AOS is considered fraud.

If they choose to act in accordance with the law, his wife can file for a his IR-CR visa immediately after the wedding takes place and he can stay in the US for as long as his I-94 states and return to his home country to finish the process, at the end of which he can return to the US and enter as a permanent resident.

If they choose to start the AOS process in the US - as many do - they need to be prepared to go through the proceedings, during which immigration may or may not require him to return home, depending on what information they have.

Many get away with it but there are always exceptions that prove the rule.

By stating "if they choose to act in accordance with the law" you are implying that IR visa is the only legal option. Marrying and filing for AOS in the US is ALSO acting in accordance with the law.

And at what point in the AOS process will he be required to return home? If they get denied, then he would have to go home and attempt the visa.

"Many get away with it" also suggests that they are trying to "get away" with something. If you take the OP at her word, then AOS is the CORRECT and LEGAL option. And there's no reason not to take the OP at her word.

Yes, using a tourist visa with intent to immigrate is fraud. But that's not what the OP said is going on.

[JohnR! 5,495]

Yes, using a tourist visa with intent to immigrate is fraud.

Absolutely.

Edited October 24, 2012 by Gegel

[Darnell 8,478]

Check your embassy for results like what is being sought on the adjustment.

Embassies never, ever handle adjustment of status casefiles.

Never, Ever.

[bigdog 376]

Embassies never, ever handle adjustment of status casefiles.

Never, Ever™.

I guess i was not clear, just trying to get them to check time lines that's all, I know they don't handle case adjustment. Thanks.