Applying for AOS from a Tourist Visa

[john_and_marlene 162]

We have a friend who has decided to marry while here on a tourist visa.

Do they send the I-130, I-485 and I-765 all to the Chicago lockbox?

Am I correct in thinking that she will also need AP for travel outside the U.S. while waiting for the AOS?

[chocolaterie 0]

Yep sounds like you're on the right track.

[Mark Collard 0]

isnt entering on a tourist visa and getting married visa fraud??

[ChristinaM 0]

Only if you intend to remain adjust your status *at the point at which you enter the country*, Mark. There are several of us here who did it; check out Kezzie's, JayJay's and my previous posts on the issue.

It does sound like your friend is on the right track. It's the same as filing for AOS from K1, but without the K1 and the addition of the I-130.

[john_and_marlene 162]

isnt entering on a tourist visa and getting married visa fraud??

No it's not.

It's only fraud if your original intent was to enter on the tourist visa, get married, and adjust status without leaving (This is fraudulent use of a tourist visa)

You could even enter on the tourist visa with the intent to marry and then return to your home country and not be fraudulent.

If you enter on a tourist visa but you decide you want to get married after you are already here, then it is legal to stay and adjust status--the entry was not with immigration intent--the decision to immigrate was made after entry.

[ChristinaM 0]

And I forgot to mention - yes your friend will need AP if they wish to travel. There are mixed views on this, as when you return from a visit on AP you're not "readmitted" to the US, but "paroled in". I believe this has some bearing down the line if things go awry, and some people do not recommend this for a tourist adjuster. Since I personally did not have (and therefore use) AP, I can't comment any further.

[john_and_marlene 162]

some people do not recommend this for a tourist adjuster.

Why do they not recommend this for a tourist adjuster? Are there potential difficulties returning with AP and a tourist visa? Have there been cases where they were not paroled back in?

[zyggy 9]

some people do not recommend this for a tourist adjuster.

Why do they not recommend this for a tourist adjuster? Are there potential difficulties returning with AP and a tourist visa? Have there been cases where they were not paroled back in?

The problem comes if they are denied.... The term parolee means that when one enters on AP they are physically in the country, but from a legal perspective they are outside the US waiting to be admitted. If the AOS is denied, then there is no avenue for appeal, and the alien is placed in detention while awaiting their removal proceedings. Removal proceedings can take years to conclude. If the alien did not enter as a parolee, then the alien is released until removal proceedings are concluded. ICE Detention Centers are not known as very nice places.

Since there is a higher risk of denial due to a tourist adjustment, many attornies do not want a potential legal avanue taken away from them if they have to represent a parolee instead of an adjustment applicant.

[john_and_marlene 162]

some people do not recommend this for a tourist adjuster.

Why do they not recommend this for a tourist adjuster? Are there potential difficulties returning with AP and a tourist visa? Have there been cases where they were not paroled back in?

The problem comes if they are denied.... The term parolee means that when one enters on AP they are physically in the country, but from a legal perspective they are outside the US waiting to be admitted. If the AOS is denied, then there is no avenue for appeal, and the alien is placed in detention while awaiting their removal proceedings. Removal proceedings can take years to conclude. If the alien did not enter as a parolee, then the alien is released until removal proceedings are concluded. ICE Detention Centers are not known as very nice places.

Since there is a higher risk of denial due to a tourist adjustment, many attornies do not want a potential legal avanue taken away from them if they have to represent a parolee instead of an adjustment applicant.

Thanks - That's exactly the information I was looking for.

[ChristinaM 0]

One has to consider also that if you adjust from the VWP there is no recourse for appeal either - you waive that when you attempt to adjust from the VWP. I don't know what the situation is if you are denied adjustment from a B2, whether you have an option to appeal or not.

[thndrdancr 0]

See some of my posts as well, clmarsh always forgets me.

(just ribbin ya, please dont take me seriously)

[ChristinaM 0]

I don't forget ya hun, I just don't see you about so often!

[Autumnal 25]

I'm forgotten too, as is Ashleycraigen's husband.

*grin*

Seriously, though: AP is a very good thing if your friends are adjusting. Yes, you send the I-130/I-485/I-765/I-131 to the Chicago lockbox. Vaccination supplements and the rest too.

I'd like to insert the relative comment here: please don't demean or bat down those of us who entered the US as visitors and ended up getting married to USCs. Everyone has a unique story and leaping on us as though we're criminals of some sort is rather harsh. Thanks.

[skyman2112 0]

We have a friend who has decided to marry while here on a tourist visa.

Do they send the I-130, I-485 and I-765 all to the Chicago lockbox?

Am I correct in thinking that she will also need AP for travel outside the U.S. while waiting for the AOS?

I don't think she can travel on a visitor visa, except to go home. Good luck.

[Autumnal 25]

Outside the US, she requires an approved AP. That's what I have, and I was able to travel to Canada and return easily. The only thing I advise is giving yourself extra time at the point of entry -- don't have a flight booked immediately thereafter, or something.