Is it a bad idea to adjust status after a tourist visa renewal?

[NikLR 13,220]

7 hours ago, MeAlone said:

Come to visit your family, see what is it about your Application, let them apply for you, it doesn't mean YOU are committing a fraud, your family is free to file when and what they want to. Stay on your tourist visa while legal, maybe extend it for 6 months more, study your options and then, if you are able to adjust your status without leaving, decide if you do it in US or travel back to your country and process your family based visa from there

No no no...

 

Adjustment of status is not done by a family member, it is submitted by the person trying to change their status, aka the OP.  Anything other than intending to leave the usa at the end of the trip at poe by the OP is fraud.  This isnt "i may change my mind and thats okay" because it isnt.  

[Boiler 43,692]

In no particular order:

 

• There is no evidence to suggest his Mother has any status in the US other than visitor possibly overstayed.
• Lets say she does or has married a USC it will be say a year before she could get a GC.
• No immediate visa available and he will likely age out so would be a loooong time before he could immigrate.
• The most practical route if his mother intends to wed would for her to go through K1 and he could be a K2, OK to 21.

[NYCruiser 423]

16 hours ago, mathewax123 said:

Hey I just needed confirmation that it was a bad idea to travel to the U.S, as a tourist, in a newly renewed B-2 visa (which required an interview) in order to adjust status for a green card, practically filling a 485 as soon as I arrive. Something tells me this is a bad idea but I'm being pressured to travel and try it. Since according to this page https://www.hooyou.com/familybased/exceptions.html , it is bad because in my interview, I practically made them understand that I had no intentions, whatsoever of emigrating to the U.S permanently because of my home ties, studies, relationships, etc. And by filling a 485 as soon as I get there would raise a red flag, mainly because I'm contradicting myself in a fresh interview and probably even at the point of entry. I know the 30/60/90 day rule is not valid at all, but based on all of what I've done, if I attempt what I just described, it will most likely get denied, and I could even be barred from entrying.

You are committing fraud!!

[geowrian 22,336]

10 hours ago, MeAlone said:

Come to visit your family, see what is it about your Application, let them apply for you, it doesn't mean YOU are committing a fraud, your family is free to file when and what they want to. Stay on your tourist visa while legal, maybe extend it for 6 months more, study your options and then, if you are able to adjust your status without leaving, decide if you do it in US or travel back to your country and process your family based visa from there

AOS is the intending immigrant's application. The family member can file the I-130 petition at any time fine, but the I-485 (AOS) is the beneficiary's application.

 

The general rule I go by is "if I were to tell the CBP officer my plans, would they allow me in?" - in this case, absolutely not.

[Suudsu 66]

Isn't age-out an expedite criteria that should be highlighted on an application cover letter?

 

https://www.uscis.gov/greencard/child-status-protection-act

[VICMER 19]

17 hours ago, mathewax123 said:

Hey I just needed confirmation that it was a bad idea to travel to the U.S, as a tourist, in a newly renewed B-2 visa (which required an interview) in order to adjust status for a green card, practically filling a 485 as soon as I arrive. Something tells me this is a bad idea but I'm being pressured to travel and try it. Since according to this page https://www.hooyou.com/familybased/exceptions.html , it is bad because in my interview, I practically made them understand that I had no intentions, whatsoever of emigrating to the U.S permanently because of my home ties, studies, relationships, etc. And by filling a 485 as soon as I get there would raise a red flag, mainly because I'm contradicting myself in a fresh interview and probably even at the point of entry. I know the 30/60/90 day rule is not valid at all, but based on all of what I've done, if I attempt what I just described, it will most likely get denied, and I could even be barred from entrying.

Yes, it is a very bad idea, you may be charged with visa fraud, is better wait some time and still you may be in trouble. I adjusted status from visitor visa and the officer give me the hell on interview, he approved my case but that was close.

[mathewax123 2]

6 hours ago, Going through said:

Just read your other threads on this from before...maybe the USC husband is petitioning you as a step-child?  You need to really find out more information from your mother about what exactly her friend is "taking care of" on her/your behalf.  From your other thread, you seemed unsure of whether your mother had even gotten married or not---do you know for sure if she has gotten married to a USC now?

 

I find it odd that she seems unwilling to give you any real details on how she is applying for you to come to live in the US (based on your other threads)...

 

As for the tourist visa...I agree with others that it's not legal, and it's definitely not a good idea to attempt what your mother is pressuring you to do, and it's good that you are questioning it here.  POE officials are very good at unraveling stories and falsehoods, and it will not be a pleasant experience for you in the end especially with the possibility of dire consequences that would not only affect any future green card application but could also affect your admission into the States under any sort of visa at all.

I read that the USC and my mom should be married before my 18th birthday in order for the USC to be able to sponsor me as a stepchild. If that's not the case it would be more adequate that he petitioned me later on and then I apply through consular processing since the CSPA rules are more beneficial to USCs. But anyways, no form of visa or petition would be able to 'avoid' a visa fraud given my circumstances if I adjust in the US, as I have read.

[mathewax123 2]

3 hours ago, Boiler said:

In no particular order:

 

• There is no evidence to suggest his Mother has any status in the US other than visitor possibly overstayed.
• Lets say she does or has married a USC it will be say a year before she could get a GC.
• No immediate visa available and he will likely age out so would be a loooong time before he could immigrate.
• The most practical route if his mother intends to wed would for her to go through K1 and he could be a K2, OK to 21.

1) She hasn't overstayed, she was waiting for me to arrive so we can file all together, if I take longer, she will be past the date on her i-94.

2) Really? I've always been told that if you marry to an USC, your green card would be ready within 2 or 3 months when you adjust status? It did sound too good to be true to me, although, they probably were referring to the work permit, I guess.

3) Yeah...

4) I don't really dig the idea of marrying forcefully to get a green card, it's just too deceitful. 

[mathewax123 2]

45 minutes ago, VICMER said:

Yes, it is a very bad idea, you may be charged with visa fraud, is better wait some time and still you may be in trouble. I adjusted status from visitor visa and the officer give me the hell on interview, he approved my case but that was close.

Was your visitor visa newly renewed? Did you adjust status as soon as you got there? If any of the answers are no, then you already had better chances than me.

Edited August 31, 2017 by mathewax123

[geowrian 22,336]

11 minutes ago, mathewax123 said:

1) She hasn't overstayed, she was waiting for me to arrive so we can file all together, if I take longer, she will be past the date on her i-94.

2) Really? I've always been told that if you marry to an USC, your green card would be ready within 2 or 3 months when you adjust status? It did sound too good to be true to me, although, they probably were referring to the work permit, I guess.

3) Yeah...

4) I don't really dig the idea of marrying forcefully to get a green card, it's just too deceitful. 

1. There's no requirement to all file together. Each case will be reviewed on its own merits.
2. Nope....not in the last few years at least (probably longer). It currently takes closer to a year. Yeah, I'm assuming they meant the work permit, or were just mistaken.
3. Yup
4. I don't think anybody is suggesting entering a marriage for the purpose of getting a green card for anybody. That's marriage fraud and against this site's TOS to condone or instruct (which I know Boiler follows as his bible). I think that's where the "if his mother intends to wed" comes in....not to imply marrying for the purpose of a green card.

[VICMER 19]

10 minutes ago, mathewax123 said:

Was your visitor visa newly renewed? Did you adjust status as soon as you got there? If any of the answers are no, then you already had better chances than me.

Was not newly issued / renewed, I live at the Mex/USA border and crossed almost every day. We married in US (on visitor visa) with no I-94 (not needed within 100 miles from the border) and two months later sent I-485 package. The correct way is get K1 visa.

[Boiler 43,692]

31 minutes ago, mathewax123 said:

1) She hasn't overstayed, she was waiting for me to arrive so we can file all together, if I take longer, she will be past the date on her i-94.

2) Really? I've always been told that if you marry to an USC, your green card would be ready within 2 or 3 months when you adjust status? It did sound too good to be true to me, although, they probably were referring to the work permit, I guess.

3) Yeah...

4) I don't really dig the idea of marrying forcefully to get a green card, it's just too deceitful. 

The only problem I see is the lack of a 'file together' option.

[Going through 5,668]

The 15 year-old sister...is she with you, or in the US now and if so how did she enter?

[mathewax123 2]

33 minutes ago, geowrian said:

1. There's no requirement to all file together. Each case will be reviewed on its own merits.
2. Nope....not in the last few years at least (probably longer). It currently takes closer to a year. Yeah, I'm assuming they meant the work permit, or were just mistaken.
3. Yup
4. I don't think anybody is suggesting entering a marriage for the purpose of getting a green card for anybody. That's marriage fraud and against this site's TOS to condone or instruct (which I know Boiler follows as his bible). I think that's where the "if his mother intends to wed" comes in....not to imply marrying for the purpose of a green card.

1) Not together but rather at the same time

2) Well that's a bummer, because I only considered going there thinking that I would get the visa with enough time to enter to study in the U.S the next semester, skipping the whole F-1 visa process, but apparently I would have to sacrifice even more semesters in order to get the green card in time, something I don't want, since I want to study right now.

4) wink wink?

[mathewax123 2]

37 minutes ago, VICMER said:

Was not newly issued / renewed, I live at the Mex/USA border and crossed almost every day. We married in US (on visitor visa) with no I-94 (not needed within 100 miles from the border) and two months later sent I-485 package. The correct way is get K1 visa.

Well my mother really doesn't want to come back(bad divorce), so I guess a K-2 visa for me is off the limits. 2 months later huh? I guess for you it was faster since you had that K visa, although I wouldn't mind if it applied to any visa type.

13 minutes ago, Boiler said:

The only problem I see is the lack of a 'file together' option.

I was referring to file at the same time