Consequences of Applying for AOS on a Visitor's Visa???

[Robert76 0]

My wife and I were married in El Salvador and a week later she came to the U.S. with me on visitor's visa. The immigration officer did not ask her if she was married. She had originally planned to return to El Salvador, and then I would apply for the K visa, but that was before we realized that returning would mean that immigration would not let her back in on her tourist visa even for a legitmate visit (once they see her in the system for the I-130/K-visa). Now, we are contemplating doing exactly what the USCIS does not want us to do--applying for AOS while on a visitor's visa.

I have read here and in numerous other places about the rules, and understand what USCIS would have us do. However, I also know anecdotally of several examples of couples who applied for AOS on a visitor’s visa and I have yet to read one story about a spouse/couple who were deported/fined/jailed or otherwise punished for doing so.

What are the likely consequences and has anyone here been punished by the USCIS for applying for an AOS on a visitor's visa? I realize what the worst case scenario is (my wife is deported and banned from ever returning), but is this the *likely* outcome?

I don’t want to have my wife banned from entering the U.S. for five year or for life, or sent to Guantanamo, but has this ever happened to anyone? Or is this just what the USCIS and immigration lawyers want us to believe will happen? If they're just going to tell us to "start over" and follow our original plan (i130/k-visa), it seems worth a shot.

Thanks.

[Boiler 47,752]

but that was before we realized that returning would mean that immigration would not let her back in on her tourist visa even for a legitmate visit (once they see her in the system for the I-130/K-visa).

Not true, I for example visited whilst waiting, many do.

I have read here and in numerous other places about the rules, and understand what USCIS would have us do. However, I also know anecdotally of several examples of couples who applied for AOS on a visitor’s visa and I have yet to read one story about a spouse/couple who were deported/fined/jailed or otherwise punished for doing so.

I have, but pretty rare.

What are the likely consequences and has anyone here been punished by the USCIS for applying for an AOS on a visitor's visa? I realize what the worst case scenario is (my wife is deported and banned from ever returning), but is this the *likely* outcome?

In country waiver maybe, most of the ones I have seen left and went through the 'normal' route.

I don’t want to have my wife banned from entering the U.S. for five year or for life, or sent to Guantanamo, but has this ever happened to anyone?

Guantamano, no.

[kitkat1 5]

My wife and I were married in El Salvador and a week later she came to the U.S. with me on visitor's visa. The immigration officer did not ask her if she was married. She had originally planned to return to El Salvador, and then I would apply for the K visa, but that was before we realized that returning would mean that immigration would not let her back in on her tourist visa even for a legitmate visit (once they see her in the system for the I-130/K-visa). Now, we are contemplating doing exactly what the USCIS does not want us to do--applying for AOS while on a visitor's visa.

I have read here and in numerous other places about the rules, and understand what USCIS would have us do. However, I also know anecdotally of several examples of couples who applied for AOS on a visitor’s visa and I have yet to read one story about a spouse/couple who were deported/fined/jailed or otherwise punished for doing so.

What are the likely consequences and has anyone here been punished by the USCIS for applying for an AOS on a visitor's visa? I realize what the worst case scenario is (my wife is deported and banned from ever returning), but is this the *likely* outcome?

I don’t want to have my wife banned from entering the U.S. for five year or for life, or sent to Guantanamo, but has this ever happened to anyone? Or is this just what the USCIS and immigration lawyers want us to believe will happen? If they're just going to tell us to "start over" and follow our original plan (i130/k-visa), it seems worth a shot.

Thanks.

Did she pack up her life and plan to stay in the US? If so, she had intent and if this is discovered at AOS she could be denied. Worse case scenario? Doubtful that she would be deported, but it has happened and that person then has to go through the I-130 process AND waiver process in their country. It did recently happen to someone here on VJ who entered on a tourist visa and married, with intent to stay in the US.

In your case, the problem is that she was already married when she entered the US on a tourist visa. This means she used the wrong kind of visa since using a tourist visa to immigrate to the US violates the terms of the visa. (People certainly can visit while their paperwork is processing).

Your smartest move would be to consult with an experienced immigration attorney - it's not a definite problem but it is a bit complicated since you were already married.

[Yodrak 7]

Robert76,

I don't think it's accurate to say that the USCIS doesn't want you to do what you are contemplating - they want you to follow the law.

Have a look at this, you'll find something in there that fits your situation. (thank you, meauxna)

http://www.uscis.gov/files/article/A2.pdf

It might also be a good idea to have a consultation with an immigration attorney who has handled cases such as you are talking about before. They can examine the details of your situation and, if they think you meet the requirements, can advise you on how to present your case so as to lead the USCIS to agree.

Yodrak

My wife and I were married in El Salvador and a week later she came to the U.S. with me on visitor's visa. The immigration officer did not ask her if she was married. She had originally planned to return to El Salvador, and then I would apply for the K visa, but that was before we realized that returning would mean that immigration would not let her back in on her tourist visa even for a legitmate visit (once they see her in the system for the I-130/K-visa). Now, we are contemplating doing exactly what the USCIS does not want us to do--applying for AOS while on a visitor's visa.

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