Applying for adjustment of status while visiting hubby in the States.

[JayJayH 546]

My experience-My spouse and I filed an I-130 and I-129 F.My spouse then entered on VWP for a visit.No questions asked at the POE by immigration,she was just waved through with a smile.She then changed her mind and decided to stay so we filed AOS here.Just received the temporary papers and we are now waiting for the biometrics appointment.No problems,things went fine.This after I was accused and warned by people on visajourney that we would be committing fraud,that we have obvious intent,etc.I have found some good advice here but there are also some who go overboard with the screams of "intent" and "fraud"

If she had no intent of filing AOS, there is not fraud. No problem.

People on here scream fraud when there is intent, because that is fraud.

[Boiler 43,503]

People on here seem very quick to jump to assumptions.

[Bony69 1]

My experience: I got married with a USC in USA in May/2012, with my B2 visa, I traveled to my country after the wedding, and I came back to USA in August/2012, just to visit, nobody asked me nothing at the POE, we went with an immigration lawyer in September/2012, just to know the immigration alternatives for us. Thanks God the lawyer was too honest and she said "It's too easy that you can to do it alone", we asked her about USCIS interpretation of intent of fraud, she said "AOS in USA is a legal alternative, you are not breaking any law, wanting to live with your family quickly, in a legal way, is not an illicit". After to do a lot of investigation in the USCIS manual and forums, we decided to do AOS in USA in October/2012 without a lawyer. We did it, with no problem, at the interview, the IO didn't ask nothing about my motivation to entry to USA, she was only interested in investigate if our marriage was a Bona Fide marriage. Just do it, and good look.

[JayJayH 546]

My experience: I got married with a USC in USA in May/2012, with my B2 visa, I traveled to my country after the wedding, and I came back to USA in August/2012, just to visit, nobody asked me nothing at the POE, we went with an immigration lawyer in September/2012, just to know the immigration alternatives for us. Thanks God the lawyer was too honest and she said "It's too easy that you can to do it alone", we asked her about USCIS interpretation of intent of fraud, she said "AOS in USA is a legal alternative, you are not breaking any law, wanting to live with your family quickly, in a legal way, is not an illicit". After to do a lot of investigation in the USCIS manual and forums, we decided to do AOS in USA in October/2012 without a lawyer. We did it, with no problem, at the interview, the IO didn't ask nothing about my motivation to entry to USA, she was only interested in investigate if our marriage was a Bona Fide marriage. Just do it, and good look.

It isn't illegal to adjust status. Even of there was preconceived intent, it is still legal to adjust status.

What's illegal is lying to the CBP when entering. If one has intent, they're lying to the CBP. If there is no intent when entering then no law has been broken.

[RhettVoe 281]

While arguably AOS is not against the law, this continued perceived abuse of tourist visas is what makes it tougher for people who are married (or are about to be married) to a USC get a tourist visa...because in each and just about every case we read about on this site, everyone claims they 'had no intention of marrying and staying in the US' ....I would suggest that appears to be a near 100% certainty that such a thing will take place, it should come as no surprise when foreign spouses and fiancés and girl/boyfriends have a hard time convincing a consular official that they will abide by the terms of the visa...claiming to be visiting a friend, etc, when in reality there is more to the picture, is really an attempt to deceive...when it happens at the visa window, well, a denial is usually imminent. There is no reason to whine or take umbrage with the State Dept....blame the abusers....they are the ones causing the problems...if they would have just done exactly what they said, more people might be given the visa privilege...imagine you were a consular officer, and had issued 100 visas to those who told you the sad story about 'just wanting to visit a friend' or 'just to see my hubby for a couple of weeks' and here are all the reasons I have to return, only to discover (and the visa folks can, because they are notified when an AOS is taking place), that 95% (or more) of these folks vanished into the sunset, well, how likely would you be when interviewing the next 100 similar applicants to grant visas to all of them? I would think not.

[cdneh 3,112]

It isn't arguably "not against the law". It isn't against the law. Full stop.

I think a good measure of the people who holler Fraud! Fraud! are those who are of the belief that these people who dare to apply are all bald faced liars, they had intent, intent!, and they should get in line and by gawd wait their turn, and do it preferably well behind their own perceived place in the queue.

The OP in this case has not done that.

People who attempt to visit on a visitors visa from a high fraud country can thank their own countrymen for the denials. Those are the abusers.

It must be dreadful to live with such a mean view of your fellow man. Those 95% who vanish into the sunset.

[Gia2577 12]

The problem is US immigration Law. It's vague, its weird, it doesn't make sense and lets face it whether you knew about AOS or not (which I did not) how do you prove it. If it's such a problem then AOS just shouldn't exist…but it does so really I don't think its such an issue. I am going ahead with it and finally have everything together to file. I could not be happier with our decision and wish I knew a little earlier about it, before my VWP ran out a week ago and also I could have been working to help support the household with my husband. Its been a really tough year. But whatever I know now, and am thankful for the good advice I have received on here and the people who reached out through personal messages telling me not to worry about the negativity coming towards my post. Will let you all know how it goes.

My experience: I got married with a USC in USA in May/2012, with my B2 visa, I traveled to my country after the wedding, and I came back to USA in August/2012, just to visit, nobody asked me nothing at the POE, we went with an immigration lawyer in September/2012, just to know the immigration alternatives for us. Thanks God the lawyer was too honest and she said "It's too easy that you can to do it alone", we asked her about USCIS interpretation of intent of fraud, she said "AOS in USA is a legal alternative, you are not breaking any law, wanting to live with your family quickly, in a legal way, is not an illicit". After to do a lot of investigation in the USCIS manual and forums, we decided to do AOS in USA in October/2012 without a lawyer. We did it, with no problem, at the interview, the IO didn't ask nothing about my motivation to entry to USA, she was only interested in investigate if our marriage was a Bona Fide marriage. Just do it, and good look.

Thanks I'm going to file all my papers tomorrow!

[Boiler 43,503]

When you think how screwed up everything is then this is a very small issue.

[Gia2577 12]

The fact that overstay is irrelevant for people in your situation is in the laws. I do think it spells this out in the form instructions, but you have to follow the lines, you found where it says VWP, then it says exception for spouses, so that is good. Somewhere else it says you are ineligible to file if you have overstayed, then it says exception for spouses. You can find that.

I am positive and it is a known thing around here. I could find it in the INA (Immigration an Nationality Act) for you but I really don't feel like going through it for something I am so sure about

I think in the last year there was a VJ approval for a person who had 27 years of overstay.

Hi Harpa,

I am wondering if you received a message from me?? i sent it earlier but now when I tried to send a second message saying that i had found an answer it would not go through to you?? I'm wondering if you could give me some advice?