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jo.schmo

Just some clarity about visitor visa & aos?

By jo.schmo in What Visa Do I Need - Family Based Immigration

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jo.schmo Newbie

jo.schmo   0

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Filed: Citizen (apr) Country: United Kingdom
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Hello all:

I have a quick query...I'm a naturalized citizen but lived outside of the USA for a couple of years. Whilst away I got married to a young lady and we've decided it's best to move back to the US.

She's in possession of a visitor's visa, and would like for her to be with me in the US and acquire her green card.

A couple of questions:

1) When she enters into the USA at the P.O.E. via air, will she be required to provide them with a return ticket? If so, should she book a ticket that has a return date six months from her date of arrival into the US?

2) Let's say she's admitted to the US on her visitor's visa, can I start the filing right away for her for the adjustment of status?

3) Is there any difference between filing an A.O.S and having her remain in her homecountry and have the filing completed at the consulate at her home country?

Thanks for your feedback.

Jo S

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Cathi Veteran

Cathi   5,610

Posted
Filed: Citizen (apr) Country: Jordan
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Posted

Hello all:

I have a quick query...I'm a naturalized citizen but lived outside of the USA for a couple of years. Whilst away I got married to a young lady and we've decided it's best to move back to the US.

She's in possession of a visitor's visa, and would like for her to be with me in the US and acquire her green card.

A couple of questions:

1) When she enters into the USA at the P.O.E. via air, will she be required to provide them with a return ticket? If so, should she book a ticket that has a return date six months from her date of arrival into the US?

2) Let's say she's admitted to the US on her visitor's visa, can I start the filing right away for her for the adjustment of status?

3) Is there any difference between filing an A.O.S and having her remain in her homecountry and have the filing completed at the consulate at her home country?

Thanks for your feedback.

Jo S

Entering the US with a visitor visa with the intent to stay and adjust status is visa fraud. If denied there will be a lifetime ban with no appeal. There is no such thing as AOS while she is in her home country. What you need to do is petition an i-130 for a cr1 visa. The guides are at the top of the page. Good luck!


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Boiler Grand Master

Boiler   43,430

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Filed: K-1 Visa Country: Wales
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Posted

Whe she seeks entry to the US and they ask her the purpose of her visit what will she say?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   43,058

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Filed: Citizen (apr) Country: Ecuador
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Posted

*** Thread moved from AOS/Family-Based main forum to the "What Visa Do I Need" forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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jo.schmo Newbie

jo.schmo   0

Posted
Filed: Citizen (apr) Country: United Kingdom
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  • Author
Posted

Thx for your quick response...with regards to the adjustment of status, it wouldn't be done whilst she's at her home country...I was of the impression that if your foreign spouse visits the US then their status could be adjusted from non-immigrant to immigrant...but thx for the clarification.

Jo S

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Cathi Veteran

Cathi   5,610

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted (edited)

Thx for your quick response...with regards to the adjustment of status, it wouldn't be done whilst she's at her home country...I was of the impression that if your foreign spouse visits the US then their status could be adjusted from non-immigrant to immigrant...but thx for the clarification.

Jo S

You are under the wrong impression. Once again, if she enters on VWP or with a visitor visa with the intent to stay and adjust status is visa fraud and can result in a life time ban with no appeal. Please study the guides at the top of the page.

Edited by mimolicious


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Cody and Daisy Proficient

Cody and Daisy   373

Posted
Filed: Lift. Cond. (apr) Country: United Kingdom
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Posted (edited)

Don't do it the illegal way.

Having the assumption that you can bring your spouse to the states to adjust with no issue and that its legal is naive.

It's also the reason for the visa below-

Look at Cr1. Spousal visa that allows you to bring a SPOUSE to the states.

Edited by Cody and Daisy

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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Nich-Nick Grand Master

Nich-Nick   3,353

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Hello all:

I have a quick query...I'm a naturalized citizen but lived outside of the USA for a couple of years. Whilst away I got married to a young lady and we've decided it's best to move back to the US.

She's in possession of a visitor's visa, and would like for her to be with me in the US and acquire her green card.

Jo S

If you both live in the UK, there is a shorter way. Where do you live ?

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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