I-485 with a visitor's visa

[Joe_in_Japan 1]

I have filed an I-130 in September and have just put together the I-129F to get my wife a K-3 visa since we would like to move to America early next year. I have been reading many posts on this forum about K-3 visas being obsolete so I called USCIS and spoke with an ISO today to ask for clarification before I sent out the paperwork. The woman said that they are not obsolete and there are two routes I could go after receiving the K-3: apply for a change of status while in America with an I-485 which costs $1070 or my wife could return to Japan for the interview and do consular processing. That got me thinking and asked if you could use I-485s with visitor's visas and she said yes. So I asked if my wife could go to America on a visitor's visa and then apply for a change of status using the I-485 instead of waiting for the K-3 and she said "Yes, but she would have to apply for a visitor's visa." Well, those are easy to get, right? I wished I asked what's the downside of going this route but I didn't.

I searched the forums and see many people saying that this would be immigration fraud. I'm confused why the ISO didn't mention this if this were true. She made it seem like this was a viable possibility. I haven't found examples of people being deported for doing this on these forums. Is moving to America on a tourist visa and applying for a change of status a terrible idea?

Thank you

[lost_at_sea 995]

I think you called the misinformation line.

Consider - if it was just a case of getting a tourist visa (usually quite easy to get) and then AoSing, why would they have K1, K3, IR and CR visas at all?

[Cathi 5,849]

coming to the US on a visitor visa with the intent to stay and adjust status is illegal, fraud and will get you deported with a nice lifetime ban with no appeal. No idea who you spoke to, or whether or not you misunderstood. You cannot, under any circumstances come to the US with intent and adjust. Just to note, you cannot attempt to adjust from said visitor visa and tell immigration you didn't have intent as you just posted here for the world to see that you do.It is a well know fact that USCIS checks these boards frequently. Do yourself a favor and do it the legal way.

[lost_at_sea 995]

Also, obtaining the visitor visa with intent to adjust your status (immigrate) would mean you'd have to lie on the visitor visa application (or during the interview) - since the requirements for a visitor visa being approved are that the applicant intend to be... a visitor (i.e. with plans to return to their home country)!

Those that have adjusted status on visitor visas obtain their visas, end entered the USA, in good faith (with full intent to leave), and changed their plans after entering the USA.

Edited November 27, 2013 by lost_at_sea

[Boiler 47,536]

What has a visitor visa to do with this. Japan is a VWP country.

[lost_at_sea 995]

Oh, smart spot, Boiler.

[Joe_in_Japan 1]

Thank you for the information, everyone. I don't know why the ISO didn't mention that this would constitute fraud, but it seems logical that it would be. I don't want to do anything illegal and will go through with sending out my wife's K-3 application today. I appreciate the advice and insight!

[Boiler 47,536]

Sounds like everything you were told was #######.

Can you DCF in Japan?

[Joe_in_Japan 1]

Sounds like everything you were told was #######.

Can you DCF in Japan?

Nah, it doesn't look like it. I read that in this old thread which I'm pretty sure is still accurate:

http://www.visajourney.com/forums/topic/372717-dcf-in-japan-ended-when/

[MJP 7]

I think you called the misinformation line.

LOL, QTF. Massive fail, the immigration officer got every single thing wrong.

[NikLR 13,234]

Oh you should read up on the K3 at the NVC website since the USCIS does not grant visas, they approve or deny petitions from a USC or LPR so their relative can even be allowed to apply for a visa.

The K3 route is closed 99% of the time by the National Visa Center (NVC)

[JBW 0]

When you get a visitor visa you are agreeing that you will not attempt to remain in the US. My wife is LPR, and is petitioning for me to join her, and I have to go via consular processing. I checked with a lawyer about the possibility of doing what you suggest, and was advised that this is regarded as fraud. That is to say that you entered with intent to immigrate, when you obtained a visa or visa waiver on the condition that you did not have that intent.

So I have the long wait to do it the proper way. If it was possible to do what you are thinking of trying, everyone would be doing it. It's not worth the risk of getting caught out trying to get around the system. But if you wish to try, check it out with a lawyer first, you may have your own circumstances different from mine which make it a possibility. But don't attempt it unless you're sure you have a valid case, you may find yourself in trouble.

[Joe_in_Japan 1]

When you get a visitor visa you are agreeing that you will not attempt to remain in the US. My wife is LPR, and is petitioning for me to join her, and I have to go via consular processing. I checked with a lawyer about the possibility of doing what you suggest, and was advised that this is regarded as fraud. That is to say that you entered with intent to immigrate, when you obtained a visa or visa waiver on the condition that you did not have that intent.

So I have the long wait to do it the proper way. If it was possible to do what you are thinking of trying, everyone would be doing it. It's not worth the risk of getting caught out trying to get around the system. But if you wish to try, check it out with a lawyer first, you may have your own circumstances different from mine which make it a possibility. But don't attempt it unless you're sure you have a valid case, you may find yourself in trouble.

I knew going over as a visitor and applying for a change of status sounded too good to be true. I talked to my wife about the phone call with USCIS and what I learned from this forum and we both agree we don't want to do anything illegal and put our futures at risk. I sent out the I-129F yesterday, just because really. I was hesitant to send it out because of the advice I've read here but... I don't know, I already did all that paper work! And anything that could make the wait shorter sounded good to me. But we'd rather not spend that $1070 so we might not even move to America if we get the K-3 and just continue with the original plan of interviewing in Japan and waiting for my wife's approval before moving to America.

[JBW 0]

Just an additional note. If you don't already have a lawyer, and don't want to pay their exorbitant fees for signing up with them, there are many US immigration lawyers that offer online or telephone consultations for a fee of $100 or less. There you can ask a question or two to see if you have any alternative possibilities to waiting for consular processing. Be careful of relying on USCIS customer service reps advice. And beware of taking the wrong path, and getting on the authorities wrong side - they are not very forgiving types! Good luck..........

[Joe_in_Japan 1]

Just an additional note. If you don't already have a lawyer, and don't want to pay their exorbitant fees for signing up with them, there are many US immigration lawyers that offer online or telephone consultations for a fee of $100 or less. There you can ask a question or two to see if you have any alternative possibilities to waiting for consular processing. Be careful of relying on USCIS customer service reps advice. And beware of taking the wrong path, and getting on the authorities wrong side - they are not very forgiving types! Good luck..........

I have a friend who used a lawyer but it cost him $1000 and his wife was still denied a visa. I wasn't planning on using a lawyer because of that, but hey, I could swing $100! Maybe I'll give one a call.