AOS-Joint Sponsor

[t.q 1]

Well his intentions were not to get married and get a wife that is for sure. I need someone to tell me what we need to do to help him adjust his status while here (the legal way) and what I can do as far as the joint sponsorship goes??? He has a job offer, could they help sponsor him?

[Morganalmonshid94 84]

Well his intentions were not to get married and get a wife that is for sure. I need someone to tell me what we need to do to help him adjust his status while here (the legal way) and what I can do as far as the joint sponsorship goes??? He has a job offer, could they help sponsor him?

http://www.visajourney.com/content/i130guide2

Like I said the joint sponsor thing is something you'll have to work on, he cannot move forward with out one . Find a family or friend that will do it, or anyone willing to do something but if no family or no friend will then he's a little bit stuck . It is a big financial commitment to sponsor someone so usually it isn't going to be someone that doesn't know him, the wife, you, etc well .

[t.q 1]

Well thanks for replying. Good luck to you with your baby!

[Ontarkie 13,904]

~~Moved AOS From Work, Student and Tourist Visas, from Tourist Visas. - As this is the forum to discuss adjusting from tourist visas~~

[Unshakable Faith 493]

As someone else has said, it's only illegal if he had intentions of adjusting status when he entered the US. Otherwise although legal, you'll see a lot of people that frown upon it. But it is legal so please know the truth before you guys start saying that it's illegal. If it was illegal then the US wouldn't allow it. It's all about the intention when they entered.

[KayDeeCee 4,891]

Which is illegal.

Respectfully, but if your husband and yourself (as well as everyone you know) is unable to sponsor, I don't think you'll find one taker here either. Good luck moving forward.

Yup.

Exactly, he should probably go home and wait till his wife is able to financially support him without a sponsor and have them file for a spouse visa will also give it time to work out .

It is not illegal to get married while in the US on a tourist visa and then stay and adjust status. If the law allows for this type of adjustment, which it does, then it most certainly is not illegal.

[Mike-eeh and Odie 192]

It is not illegal to get married while in the US on a tourist visa and then stay and adjust status. If the law allows for this type of adjustment, which it does, then it most certainly is not illegal.

You know, some skydiver's parachutes don't open when decending, yet they survive the fall to earth. That doesn't mean we all should be skydiving without parachutes.

Case in point, if it wasn't illegal, there would be no need for a K-1 Visa. Just because there is a loophole in immigration the law, does not mean it is the correct course for immigration. There have been many instances where people who marry and adjust on tourist visas are denied status because it is not the proper path to adjust. Why take the risk?

[Transborderwife 4,666]

You know, some skydiver's parachutes don't open when decending, yet they survive the fall to earth. That doesn't mean we all should be skydiving without parachutes.

Case in point, if it wasn't illegal, there would be no need for a K-1 Visa. Just because there is a loophole in immigration the law, does not mean it is the correct course for immigration. There have been many instances where people who marry and adjust on tourist visas are denied status because it is not the proper path to adjust. Why take the risk?

More often than not they get their visa. It's not our place to scare people. For every denial there's likely three or four times where people get their visa no issues.

The whole connection to it being illegal and the k-1 doesn't make sense. If it was illegal, you couldn't aos.

Edited June 2, 2015 by Transborderwife

[Mike-eeh and Odie 192]

More often than not they get their visa. It's not our place to scare people. For every denial there's likely three or four times where people get their visa no issues.

The whole connection to it being illegal and the k-1 doesn't make sense. If it was illegal, you couldn't aos.

Who's trying to scare people? I'm stating facts. Just because a lot of people get away with it, doesn't mean it is not right. It's the same as taking a pen from the bank; lots of people do it, no one gets in trouble, but every hundred or so pens stolen, you will get a teller exclaiming, "Hey, those pen's are not to be taken."

[Transborderwife 4,666]

Who's trying to scare people? I'm stating facts. Just because a lot of people get away with it, doesn't mean it is not right. It's the same as taking a pen from the bank; lots of people do it, no one gets in trouble, but every hundred or so pens stolen, you will get a teller exclaiming, "Hey, those pen's are not to be taken."

The point is it's not illegal.

[madtownguy 164]

Finding someone to sign something saying they will be financially responsible for someone isn't something you will likely find on the internet. If family and friends won't, he is probably out of luck. It isn't something someone should just do like it means nothing.

[KayDeeCee 4,891]

You know, some skydiver's parachutes don't open when decending, yet they survive the fall to earth. That doesn't mean we all should be skydiving without parachutes.

Case in point, if it wasn't illegal, there would be no need for a K-1 Visa. Just because there is a loophole in immigration the law, does not mean it is the correct course for immigration. There have been many instances where people who marry and adjust on tourist visas are denied status because it is not the proper path to adjust. Why take the risk?

The law says they are eligible, therefore it is not illegal. No matter how many bad analogies you use. It is not illegal. It is not a loophole. It is allowed by law.

Have links to cases where people were denied AOS simply because they were adjusting from a tourist visa? Where are these many instances?

Can you show me the law that states it is illegal?

By the way, the K-1 visa is still needed because not everyone can get a tourist visa, AND because using the tourist visa with preconceived intent to enter the US, marry and then stay and adjust status is fraudulent. If you do not lie on your visa application and when entering the US, then you are legally eligible to adjust.

The I-485 instructions >http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Who May File Form I-485?

You may apply to adjust your status if:

...

B. You are filing this application with a completed

relative petition, special immigrant juvenile petition,

or special immigrant military petition which, if

approved, would make an immigrant visa number

immediately available to you.

If you read through who is not eligible, nowhere does it state someone adjusting from a tourist visa. If they entered legally with their non-immigrant visa, and married a USC, then they are eligible to concurrently file the I-130 and I-485.

From the USCIS website >http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

Bringing Spouses to Live in the United States as Permanent Residents

You are a: U.S. citizen

Your spouse is: Inside the United States (through lawful admission or parole)

How to Apply: File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.

The US Code > https://www.law.cornell.edu/uscode/text/8/1255

8 U.S. Code § 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa

The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

And if speaking of the intent subject: Matter of Cavazos > http://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf

...

(2) Notwithstanding evidence establishing preconceived intent, an application for adjustment

of status should as a general rule be granted in the exercise of discretion in

the case of an immediate relative or other specified alien who under Operations

Instruction 245.3(b) and 8 C.F.R. 242.5(a)(2) and (4) could be granted voluntary

departure until invited to appear before a United States consul to apply for an

immigrant visa.

(3) Where a finding of preconceived intent was the only negative factor cited by the

immigration judge in denying the respondent's application for adjustment of status as

the beneficiary of an approved immediate relative visa petition and no additional

adverse matters are apparent in the record, and where significant equities are

presented by the respondent's United States citizen wife and child, a grant of adjustment

of status is warranted as a matter of discretion