AOS

[jeni4 0]

My husband is in the US on a B-2 tourist visa. We've been here a month and a half and we are considering adjusting status and staying. We truly didn't have plans to stay in the US when we came in and left a ton of stuff in Nicaragua. My question is this- Do I need evidence to prove that we didn't plan on staying when we came in? Will our return plane tickets be enough? I'm not sure we have a lot beyond that besides some bills we pay which aren't even in our names. The rent and bills are all in the name of another girl we live with. Our decision is mostly a financial one as I was offered a job in my families business. Any advice? Thank you all!

[Ning 619]

My husband is in the US on a B-2 tourist visa. We've been here a month and a half and we are considering adjusting status and staying. We truly didn't have plans to stay in the US when we came in and left a ton of stuff in Nicaragua. My question is this- Do I need evidence to prove that we didn't plan on staying when we came in? Will our return plane tickets be enough? I'm not sure we have a lot beyond that besides some bills we pay which aren't even in our names. The rent and bills are all in the name of another girl we live with. Our decision is mostly a financial one as I was offered a job in my families business. Any advice? Thank you all!

Are you a US citizen?

Two people came here on tourist visas and now want to adjust status?

What did you submit in order to be granted the tourist visa that indicated strong ties to Nicaragua?

What evidence do you plan on submitting other than a plane ticket that you both intended to leave?

[jeni4 0]

Yes! Sorry, I'm a US citizen. When we applied for his tourist visa our plan was to return for a charitable organization (which we still have) in Nicaragua. My husband is the director and I founded it before we were married. So we'd be submitting our return plane tickets, a letter from our employee running our organization and taking care of our house stating that he expected our return to Nicaragua. That's all we've got right now!

[Ning 619]

Yes! Sorry, I'm a US citizen. When we applied for his tourist visa our plan was to return for a charitable organization (which we still have) in Nicaragua. My husband is the director and I founded it before we were married. So we'd be submitting our return plane tickets, a letter from our employee running our organization and taking care of our house stating that he expected our return to Nicaragua. That's all we've got right now!

I hope you understand that you have nothing to do with your husbands tourist visa. You indicate here that " we " did these things.

Your husband can attempt to change his legal status by filing the AOS docs. He will have to explain his intent upon entering the USA on a tourist visa. They will want to review what he did to obtain that visa. If there is any indication he committed fraud in his tourist visa application he may have a problem. To be granted a tourist he had to explain why he had to return to his country without fail. I assume he used the charity to do so.

The fact that you set up a charity and made him director only to leave it and his house ect behind to visit the USA will require an explanation.

A letter from someone saying they think he will return in basically useless but he can submit it if he wants. Anyone can write anything but it doesn't mean its true or correct. Its just a statement from an unknown person living in another country.

As a USC you can work and live where you want. Your husband as a citizen of another country is another matter. In this case I am not sure of the outcome when he attempts to do this. You will for example have to show how you will support him based on your income history in the USA which you havent had recently it seems.

In the end you may be better off having him return as he said he would then petition for him to be granted a immigrant type visa. This will depend on how USCIS sees his intentions.

[Harpa Timsah 13,260]

You had not intention to stay when you came so you don't need to panic. In fact, you don;t even need to prove that you didn't have that intent. It will probably never come up.

I do not believe that you lied on your tourist visa application and I presume he's had it for a while so please don't let the above poster stress you out. Some people aren't familiar with this sort of adjustment and can't understand how it happens. Most people who regularly post in this forum understand that it does happen.

Have you found the correct forms or the correct VJ guide? It should be a smooth adjustment for you. Keep in mind that he can't leave the country until he gets his special travel permission or his Greencard (special permission is a stop gap measure).

Edited May 30, 2013 by Harpa Timsah

[Ning 619]

You had not intention to stay when you came so you don't need to panic. In fact, you don;t even need to prove that you didn't have that intent. It will probably never come up.

I do not believe that you lied on your tourist visa application and I presume he's had it for a while so please don't let the above poster stress you out. Some people aren't familiar with this sort of adjustment and can't understand how it happens. Most people who regularly post in this forum understand that it does happen.

Have you found the correct forms or the correct VJ guide? It should be a smooth adjustment for you. Keep in mind that he can't leave the country until he gets his special travel permission or his Greencard (special permission is a stop gap measure).

I hope no one is stressed out or feeling as you do about what I said. As far as I know you don't work for USCIS therefore have only your opinion to go by.

You seem to have some insight into the minds and thinking of others that most of us don't such as what the real intentions of a person you don't know are. Including mine. I didn't say anyone lied.

You also missed the fact that the OP is a USC and didn't apply for a tourist visa if you want to tear every sentence apart and the intent of that sentence.

I think I made it clear I didn't know what the outcome will be. I understand its possible to do the AOS. I can read the forums just as you do. These people need to do that as well.

[ddkorestin 10]

i think a return ticket surely indicates your intention of going back. i agree with harpa timsah, go ahead and file your AOS. make sure u get all ur proofs and necessary paper work. i also came on B2 visa and am waiting for my interview. best of luck and do not worry

[Harpa Timsah 13,260]

I hope no one is stressed out or feeling as you do about what I said. As far as I know you don't work for USCIS therefore have only your opinion to go by.

You seem to have some insight into the minds and thinking of others that most of us don't such as what the real intentions of a person you don't know are. Including mine. I didn't say anyone lied.

You also missed the fact that the OP is a USC and didn't apply for a tourist visa if you want to tear every sentence apart and the intent of that sentence.

I think I made it clear I didn't know what the outcome will be. I understand its possible to do the AOS. I can read the forums just as you do. These people need to do that as well.

I used the group "you" and didn't miss who was who. This sort of ridiculous pedantry and fear mongering is really a detriment to this site.

You accused them of fraud without knowing anything about them.

[ValerieA 350]

OP, many of us in this forum have adjusted from a B-2 visa. You won't need proof that your husband did not plan on staying. Having said that, you should still include copies of the tickets in your package (both coming and going) to use as proof of relationship - I presume you took the same flights, anyway. Use the guide provided in the menu above, gather your documents, and good luck! The process is actually pretty quick and easy.