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**** Moving from CR-2 spousal visa to AOS from Tourist Visa forum *****

You don't need a visa, as they are used to enter countries; you will need to Adjust Status to get a greencard, we have a Guide here explaining what is needed: http://www.visajourney.com/content/i130guide2


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Thank you. Are there any things that could be red flags and could prevent approval of AOS?

I am from London, England and my -now- husband is from Texas. We are in the state of Texas. He was prior to this married to a German but they are divorced.

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This sounds like a risky business to me. Why would they be okay with this type of AOS when others have to go through the waiting for CR1 or IR1? If there were no risks in doing what you suggest and they were fine with it, then everyone would do it.

USCIS is fine with it provided the marriage is bonafide. Providing the circumstances are following the rules the immigrant has already entered so intent is no longer an issue. With adequate proof and a good interview, aos should go smoothly.

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You'll be fine adjusting status, you have to have serious problems for red flags(felony charges, crossing illegally, lying to immigrations). Don't worry about it, it will all go smoothly it may take awhile. I suggest you apply for advanced parole also if you plan on visiting England or anywhere outside the US within a year. Good luck!

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"Everyone" would not do it. There was no way my wife was going to be allowed to leave the Philippines for a visit to America. Most in the third world do not have the money, property and other requirements to leave the Philippines. [edited by VJ Moderation]

The above post has been edited to remove a derailing comment and is returned to the thread.

VJ Moderation


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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USCIS is fine with it provided the marriage is bonafide. Providing the circumstances are following the rules the immigrant has already entered so intent is no longer an issue. With adequate proof and a good interview, aos should go smoothly.

I think that depends on if you are willing to take the risk. Our lawyer told us that is not allowed and that we should do everything "by the book" since the USCIS can be difficult to deal with if they make up their minds about something that is not in your favour.

But everyone has a choice, I guess it comes down to how risk willing you are :)

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FYI, since you entered using VWP if your AOS is denied you will not be able to appeal. If your application is denied you have nothing to stand on since you technically entered as a tourist and chose to get married on a visa that is not intended for that purpose.

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Teddy,

As I said, everyone has a choice. But I think it's important that the person that started the thread knows that it's not risk free. VWP is not intended to be used to get married so to me it's sounds risky and I've had that confirmed by our lawyer who I choose to trust since she already had our business when she gave that advise.

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I think that depends on if you are willing to take the risk. Our lawyer told us that is not allowed and that we should do everything "by the book" since the USCIS can be difficult to deal with if they make up their minds about something that is not in your favour.

But everyone has a choice, I guess it comes down to how risk willing you are :)

This comes up by at least one person every single time someone asks about applying for AOS from a tourist visa/VWP.

It is 'by the book', since it is perfectly legal to do so.

If they entered legally 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...anent-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.corn...ode/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(what you are calling 'risky' perhaps?): Matter of Cavazos > http://www.justice.g.../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


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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