AOS Questions

[kev&ange 0]

Hi All

My husband (USC) and I filed for I-130 in May 2013. Still waiting (he is in the US, I am in Australia with our daughter). I am going over to the US on the VWP in February for 90 days to visit my husband, and since it has been so long since we filed the I-130, we are exploring the option of filing I-485 once I'm there so I don't have to return home to Australia to keep waiting for the I-130 to be approved.

If we decided to do this, what do I need to bring with me from Australia that I will need during the process? Should I have a medical done here before I go? What about police checks?

Any and all information is welcome, or if you know of a good thread/resource to check out, please let me know.

Thanks, and Seasons Greetings!

[mngoalie 10]

that would be coming to the US with the intent to stay on a visitor visa.. that would be fraud.. If you told the Immigration officer you were planning to do that, you'd be denied entry and returned back home.

Its a huge risk.. I wouldn't do it..

[Hypnos 6,576]

Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

[kev&ange 0]

Thanks guys, yes I understand what you are saying in terms of fraud. I'm going in on a VWP, I intend to be a genuine visitor for 89 days, - don't intend on doing anything else that would see me turned around at the POE. I have a job and responsibilities in Australia, a return ticket, and can't recall ever committing fraud in my life. However, there is a very small chance that after seeing my husband and after being there for a little while we might explore the AOS option. My questions are more around what I would need to file an AOS, not about what risk is involved at POE (I am well aware of this and ready to have the conversation at the border, while holding my two year old who hasn't seen her father in 2.5 months). Looking for any advice from anyone else who may have done the same thing.