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VFittipaldi

Permanent stay while on Tourist Visa

By VFittipaldi in Bringing Family Members of US Citizens to America

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Transborderwife
Transborderwife

If she's not here already no you cannot

Transborderwife
Transborderwife

She cannot come and stay. You can start the process but she will have to return home for visa interview and medical.

TheCaptain
TheCaptain

If she wants to enter the US under a tourist visa with the intention of adjusting status and immigrating then that is visa fraud. She can be deported and given a lifetime ban from the US for misrepre

VFittipaldi Collaborator

VFittipaldi   30

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Filed: AOS (apr) Country: Ukraine
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Thanks to everyone who stayed on the topic and answered my original question! As always i learned something new on this site.

Have a good day!

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kausar Enthusiast

kausar   26

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Filed: Other Country: Pakistan
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Wrong. It is NOT completely legal to use a tourist visa with the intention of going to the US to change status.

That's fraud

When immediate relative is in US, he/she can adjust status, no matter what visa, and it is legal, of course and USCIS approves the same. If adjustment of status is illegal on visitor visa, then what visa one is allowed to adjust? Can you name one for others info. I know so many parents who got adjustment of status on visitor visas. if it is illegal then why there is a provision in the rules?

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MacUK Proficient

MacUK   983

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When immediate relative is in US, he/she can adjust status, no matter what visa, and it is legal, of course and USCIS approves the same. If adjustment of status is illegal on visitor visa, then what visa one is allowed to adjust? Can you name one for others info. I know so many parents who got adjustment of status on visitor visas. if it is illegal then why there is a provision in the rules?

It's very simple, it is illegal to use a tourist visa to enter the USA with the intention of adjusting status.

What is legal is for people who have already entered the US on a tourist visa to adjust their status.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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VFittipaldi Collaborator

VFittipaldi   30

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Filed: AOS (apr) Country: Ukraine
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It's very simple, it is illegal to use a tourist visa to enter the USA with the intention of adjusting status.

What is legal is for people who have already entered the US on a tourist visa to adjust their status.

Oh. So it is legal than. Thank you!

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Boiler Grand Master

Boiler   43,636

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Oh. So it is legal than. Thank you!

You seem confused?

“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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MacUK Proficient

MacUK   983

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Oh. So it is legal than. Thank you!

It is legal for people who are in the US.

Your mother isn't in the US so it would be illegal for her to travel to the US if she plans to adjust.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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VFittipaldi Collaborator

VFittipaldi   30

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Filed: AOS (apr) Country: Ukraine
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It is legal for people who are in the US.

Your mother isn't in the US so it would be illegal for her to travel to the US if she plans to adjust.

Yeah that's what i understood.

If someone gets a Tourist visa and gets to the US and then decides to do AOS, that's legal.

If someone gets a Tourist visa for the purpose of going to US and applying for AOS, that's illegal.

That is what i got from this

Edited by VFittipaldi
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Penguin_ie Grand Master

Penguin_ie   5,986

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Filed: Citizen (apr) Country: Ireland
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***** This thread is now closed as the OP has been given the correct answer, and discussion is getting dangerously close to discussing illegal immigration and visa fraud *****

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.

mod penguin.jpg

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