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nanodice

Questions about AOS

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Hey all,

 

I've stumbled upon this on the USCIS website: https://www.uscis.gov/greencard/immediate-relative-us-citizen . It appears that if you are the spouse of a US Citizen, you are eligible to file for an AOS straight away if you live in the US? What's preventing someone from flying to the US on a tourist visa, getting married there, and immediately filing an I-485? 

 

I've spoken with one of my friends who resided through an OPT, which expired, and got married. She filed for an I-485 right after that and stayed in the US until the receipt of a green card. Are people on an F-1 visa allowed that and not the tourist visa?

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7 minutes ago, nanodice said:

Hey all,

 

I've stumbled upon this on the USCIS website: https://www.uscis.gov/greencard/immediate-relative-us-citizen . It appears that if you are the spouse of a US Citizen, you are eligible to file for an AOS straight away if you live in the US? What's preventing someone from flying to the US on a tourist visa, getting married there, and immediately filing an I-485

 

I've spoken with one of my friends who resided through an OPT, which expired, and got married. She filed for an I-485 right after that and stayed in the US until the receipt of a green card. Are people on an F-1 visa allowed that and not the tourist visa?

Entering with a B2 with the intent to AOS is visa fraud. So really, people shouldn't do it. 

 

Not sure about F-1's AOS-ing so I cannot answer that ;)


For my I-129F and K-1 detailed timelines, please refer to my timeline page :)

 

AOS + EAD + AP

Spoiler

1 March 2018 (Thu): FedEx 2-Day 10.30 AM to Chicago, IL.
5 March 2017 (Fri): Delivered to Chicago, IL. <Signed for by: J. Chyba>
10 March 2018 (Sat): NOA1 hardcopy's date.
12 March 2018 (Mon): Check cashed.
13 March 2018 (Tue): Received text and e-mail notifications.
16 March 2018 (Fri): NOA1 hardcopy via normal mail.

16 March 2018 (Fri):: Biometrics appointment letter's date.

22 March 2018 (Thu): Biometrics appointment letter via normal mail.

5 April 2018 (Thu): Biometrics appointment at 9.00 am.

 

AOS Updates Post-Biometrics

19 July 2018 (Thu): Text and email notifications stating that as of 17 July 2018, case is ready to be scheduled for an interview and a notice will follow.

 

EAD + AP Updates Post-Biometrics

6 August 2018 (Mon): NOA2 hardcopy's date.

6 August 2018 (Mon): Text and e-mail notifications received. New card is ordered and being produced.

9 August 2018 (Thu): Text and e-mail notifications received. Card is picked up by USPS.

10 August 2018 (Fri): NOA2 hardcopy via normal mail.

11 August 2018 (Sat): Combo card sent from Lee's Summit, MO via Priority Mail and no signature was required at delivery. Mailman dropped it in the mailbox like regular mails.

** Approved in 158 days **

 

 

If you require my attention or response in the public forum, please quote or tag me in your post as I have turned off the auto-follow function. 

My VJ inbox is always open too. I'm happy to share what I know or assist where I can.

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7 minutes ago, nanodice said:

Hey all,

 

I've stumbled upon this on the USCIS website: https://www.uscis.gov/greencard/immediate-relative-us-citizen . It appears that if you are the spouse of a US Citizen, you are eligible to file for an AOS straight away if you live in the US? What's preventing someone from flying to the US on a tourist visa, getting married there, and immediately filing an I-485? 

 

I've spoken with one of my friends who resided through an OPT, which expired, and got married. She filed for an I-485 right after that and stayed in the US until the receipt of a green card. Are people on an F-1 visa allowed that and not the tourist visa?

The fact that this would be visa fraud. You can not enter the US on a non-immigrant visa (except for a K-1 fiance visa or a K3 visa) with the intention to adjust status. However, if someone were to enter the US on a non-immigrant visa (such as a tourist visa, student visa, etc.) and then meet someone and decide to marry, then they could file for AOS. The difference is the intention when they pass through customs, in the later case they did not intend to marry and adjust, which is legal.

 

Now one important distinction that sometimes gets missed is that anyone is free to enter with the intention to marry, as long as they intend to then leave the US and file for the proper immigrant visa. The distinction here is that they did not intend to stay and go through AOS.

 

So to recap, it is legal to enter on a non-immigrant visa with the intention to marry, as long as you intend to leave within the allotted time, or to marry while in the US on a non-immigrant visa and file for AOS, as long as you are not trying to enter with the intention of doing so. Because it is visa fraud to intentionally enter the US on a non-immigrant visa (other than a K-1 or K-3 visa) with the intention to stay and file AOS.


Relationship:     First met 2015, Married since Oct 2016

Spoiler

2015 Apr - First met and started chatting online (he was in the US on a J-1 visa)

2015 Sep - J-1 visa expires (2 year home stay requirement)

2016 Feb - First trip to China (10 days): met friends and family, celebrated Spring Festival (Chinese New Year), lots of sightseeing (including seeing pandas), and lots of food

2016 Feb 06 - Purchase matching jade necklaces to mark engagement

2016 Jun/Jul - Second trip to China (10 days): lots more sightseeing, food, and time with friends/family

2016 Sep/Oct - Third trip to China (10 days) this time with my parents so that my parents could meet him and his mom, along with lots of sightseeing and food (i'm sure you've picked up on a trend by now :D)

2016 Oct - At the end of the time in China my parents, myself, and Xuan all traveled to Canada (7 days) so that we could get married, but unfortunately his mom couldn't come along with us.

2016 Oct 08 - Wedding day on top of Mount Washington on Vancouver Island, and it had just snowed the night before. (L)(L)

2017 Jan - Fourth trip to China (7 days), you guessed it: food, family, friends, spring festival, ...


The CR-1 Process:    NOA1 - PD 27 Dec 2016 (TSC)

Spoiler

2016 Dec 21 - Sent I-130 packet (along with G-1145 for e-notification) by USPS priority mail express (1-day), but missed the pick-up so it won't actually leave till the next day

2016 Dec 23 - Delivery confirmed by USPS

2017 Jan 03 - Payment drawn from bank account

2017 Jan 04 - Text and email confirming USCIS receipt of petition, assignment to Texas Service Center for processing and SRC case number

2017 Jan 09 - Received I-797c notice of action by mail (NOA1) with assigned priority date of 27 Dec 2016

2017 ??? ......... just waiting patiently for NOA2 (hopefully by April/May if they ever stop transferring cases from Nebraska)

 

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First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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***Thread closed to additional discussion under the below quoted provision of the TOS.***

 

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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