Jump to content

45 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

USCIS does not like this ploy. You have to return home and apply for visa and expect a difficult time as they will assume you visitor came to marry and fraudulently applied for tourist visa.

Link to comment
Share on other sites

USCIS does not like this ploy. You have to return home and apply for visa and expect a difficult time as they will assume you visitor came to marry and fraudulently applied for tourist visa.

You are so wrong. All they have to do is prove that they met in the USA. That they did not get a tourist visa with plans on getting married. How do you judge these people saying "This is a ploy." I believe people come to visit the US, meet someone and fall in love and get married. I went to the Philippines with an engagement ring in 2012. I had no plans for marriage on that trip but I fell so head over heels in love that I asked Zoila to marry me and we were married one week later. So love can happy very quickly.

Didn't your momma teach you not to judge others?

To the couple I wish you the best of luck and God Bless.

David

Link to comment
Share on other sites

Filed: Other Country: Canada
Timeline

All they have to do is prove that they met in the USA.

They don't even have to do that. They could've met anywhere and visited again on a visitors visa. Meeting in the usa is not a requirement

Link to comment
Share on other sites

Filed: Timeline

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.

The difference is they are here in the US. Others going through CR-1 are outside the US.

Link to comment
Share on other sites

They don't even have to do that. They could've met anywhere and visited again on a visitors visa. Meeting in the usa is not a requirement

Yes I guess you're right. I guess what I meant to say was if there was no intent to marry when entering the US they have no problem. I stand corrected.

Link to comment
Share on other sites

For those who are saying it's not right to apply for AOS from a B-2 Visa seriously need to do some research!

My sister applied and got hers green card just fine and so did a friend and I'm in the process myself! I arrived in the US back in 1998 at the age of 8 on a B-2 visa that I overstayed and so did my sister who as I said before got her green card through marriage.

Even those who come here ilegally can apply for AOS if they marry a USC, only thing is they will be sent to their home country for a while during the process because they came ilegally. So yeah, do your research!

OP, Good luck with everything! :)

Edited by Yelli

August 8, 1998 - Arrived in the USA with a B-2 Visitor Visa at the age of 8

Jan. or Feb. 2004 - Met my husband in front of the high school's cafeteria

May 2006 - My husband and I graduated high school and lost touch

September 2008 - Reconnected with my husband and began an on and off relationship.

June 8, 2012 - Moved in together

December 27, 2013 - Had our son

October 21, 2014 - Finally got married after putting it off for too long

June 2, 2015 - Sent AOS package

June 4, 2015 - Package received by USCIS

June 9, 2015 - Biometrics Fee Accepted

June 10, 2015 - Received Text that the package was received

June 16, 2015 - NOA1 Received

June 20, 2015 - EAD Biometrics Appointment Letter Received

June 22, 2015 - AOS Form I-485 Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Done

August 7, 2015 - EAD/AP Approved and EAD status changed to Card Being Produced

August 17, 2015 - EAD/AP Card Was Mailed

August 20, 2015 - EAD/AP Card Received :dancing:

August 25, 2015 - Applied for SSN

September 1, 2015 - Got SSN from Mailbox might've been delivered earlier

September 3, 2015 - Applied for TX ID

September 16, 2015 - Received TX ID in mail

Link to comment
Share on other sites

Filed: K-1 Visa Country: Spain
Timeline

Instead of saying why it's risky or not risky, it simply needs to be stated that, for AOS to be legal in this case and not immigration fraud, there needs to have been NO intent to get married before entering the US, and be prepared to prove that.

Edited by chaoticlogic

K1 until Green Card

01/13/15 - I-129F package sent

01/15/15 - Arrived at Texas Service Center (sigh...)

01/27/15 - NOA1 in hand

07/16/15 - Case was approved!

07/21/15 - NOA2 in hand

07/24/15 - Case sent to NVC

08/03/15 - NVC Case # Assigned / Case sent to embassy (estimate)

08/05/15 - Arrived at embassy

08/12/15 - Packet 3 received

08/17/15 - Packet 3 sent

08/28/15 - Packet 4 received

09/28/15 - Medical

09/30/15 - Interview - approved

10/07/15 - K1 Visa in hand

10/22/15 - POE

11/06/15 - Married!

12/15/15 - I-485 package sent
02/29/16 - I-485 approved (interview waived)

03/08/16 - Green Card in hand

Link to comment
Share on other sites

Filed: Other Country: Canada
Timeline

Instead of saying why it's risky or not risky, it simply needs to be stated that, for AOS to be legal in this case and not immigration fraud, there needs to have been NO intent to get married before entering the US, and be prepared to prove that.

No, they do not need to prove anything. Intent is not enough to deny aos.

Link to comment
Share on other sites

Filed: Timeline

Instead of saying why it's risky or not risky, it simply needs to be stated that, for AOS to be legal in this case and not immigration fraud, there needs to have been NO intent to get married before entering the US, and be prepared to prove that.

Intent to get married by itself is irrelevant. It's intent to apply for AOS during the trip that is relevant.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

USCIS does not like this ploy. You have to return home and apply for visa and expect a difficult time as they will assume you visitor came to marry and fraudulently applied for tourist visa.

http://www.visajourney.com/forums/topic/556818-marriageaos/?p=7719782

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

Instead of saying why it's risky or not risky, it simply needs to be stated that, for AOS to be legal in this case and not immigration fraud, there needs to have been NO intent to get married before entering the US, and be prepared to prove that.

If they did not lie when they entered the US, then there is no misrep and no need for them to prove anything about their intent. If the only thing wrong with their case is that the IO feels they had intent to marry and file AOS when entering, then that alone is not enough for a denial.

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 > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: Country: Vietnam (no flag)
Timeline

USCIS does not like this ploy. You have to return home and apply for visa and expect a difficult time as they will assume you visitor came to marry and fraudulently applied for tourist visa.

Don't lie. Nothing you said is true.

You don't like this. USCIS does not care because the law states that the adjustment of an IR of a USC can not be denied for immigrant intent.

The OP can stay and adjust so there is no reason to return home for a visa.

There will not be any "difficult time" about the visitor visa.

Stop lying. Please research the law before posting your opinions as the law.

You got nothing right.

Edited by aaron2020
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...