AOS possible from tourist visa?

[Gerhard 0]

Hi,

I'm a USC and have been living with my Brazilian wife in Brazil for a while. Now we want to move to the US. AIUI, the normal way would be to use "consular processing" while waiting in Brazil for this "processing" to finish.

Since this can take a long time (a year seems to be normal), I was wondering whether there is a way for us to move to the US and then apply for an AOS from inside the US. She has a tourist visa (and has visited the US several times on that visa), but I'm afraid that traveling to the US on a tourist visa doesn't (normally) qualify for AOS. If we did that, the move to the US would be planned and prepared, so it's not really that we can say that lightning struck us and we all of a sudden decided to stay The immigration intent would definitely be there when she enters the US for that purpose, and this sounds like a violation of the tourist visa purpose.

So... is there any way that we can move to the US and then adjust her status? On her tourist visa, or on something else that's quicker to get than a spousal visa? Ideally with her being able to work soon after we arrive in the US.

(This is related to a side question that I have. I'm in the lucky position that I have business contacts in the US that will provide me with a promise of employment, specifically willing to wait until this whole visa debacle is over and we can move to the US. But normally, a USC who lives overseas doesn't have that, and wouldn't really be able to file an affidavit of support without first moving to the US and get a job there -- but he/she would have to do so without his/her spouse, who wouldn't yet have an immigrant visa for the US at this point. In effect, this means that typically a USC who married and lived overseas and wants to move back to the US has to live quite a while in the US separated from his/her spouse during the visa process. To me this feels like I'm missing something... what am I missing? Or is this really how the process is designed?)

Thanks for any help,

Gerhard

[Kastrs 723]

Just file an ir1, they are processed faster if you are living overseas

[oohpartiv 484]

First of all, there is no way for you to enter the US with your girlfriend on a tourist visa with the intent to get married and stay. That's illegal, so you can disgard that. The only legal, fair way you can do this is by filing the IR-1/CR-1 and waiting it out. You can either move back to the States and have her wait in her country while the visa is being processed (which could take several months to a year), or you can live abroad with her, which is perfectly fine. As a matter of fact, couples who are living abroad during the processing times usually get approved quicker than cases where the USC is living apart from their foreign spouse (though nobody's really sure why this is). You could also do a K-1 visa, but if you want her to be able to work immediately after getting into the States, you should disregard that idea, too - it takes nearly as long to process as the spouse visa, anyway. These are, unfortunately, your only real options.

[MIDUVIL 34]

First of all, there is no way for you to enter the US with your girlfriend on a tourist visa with the intent to get married and stay. That's illegal, so you can disgard that. The only legal, fair way you can do this is by filing the IR-1/CR-1 and waiting it out. You can either move back to the States and have her wait in her country while the visa is being processed (which could take several months to a year), or you can live abroad with her, which is perfectly fine. As a matter of fact, couples who are living abroad during the processing times usually get approved quicker than cases where the USC is living apart from their foreign spouse (though nobody's really sure why this is). You could also do a K-1 visa, but if you want her to be able to work immediately after getting into the States, you should disregard that idea, too - it takes nearly as long to process as the spouse visa, anyway. These are, unfortunately, your only real options.

They are married.

[Inky 1,111]

Moving from spousal visa forums to adjustment of status forums as this is a question about adjustment of status and not spousal visas.

[Hypnos 6,576]

No.

[seth2013 39]

No.

Hypnos is right. You'd probably be turned away at the border/airport anyway, since you are married and you'd (I'm assuming) have suitcases with many of your belongings. If you did manage to get through, they might still catch you once you've filed your papers, and that's a big no no. Someone said it earlier, but really your only options are to apply for the IR-1 which is processed fairly quickly since you are living overseas, or return to the states separately from your wife and apply that way. There are several guides here on Visajourney that can tell you how to proceed.

[Gerhard 0]

Thanks for the replies (and sorry for using the wrong forum). We'll bite the bullet and go for IR-1 through consular processing...