New rules?? Help!!

[Megmar0616 11]

2 hours ago, skim00 said:

I really wish people would stop freaking out about this. Yes the president has announced this "new" rule but there is another thread IN THIS SAME FORUM about this issue. This "rule" will take a lot of time to become an approved policy and then enforced by the several immigration agencies (CBP, ICE, USCIS etc), which operate separately. 

 

Also, I'm biased because I came on a tourist visa and now I'm in AoS. But I don't think there's anything wrong with that scenario. People commit fraud with spouse/fiance visas too and all the other available visas too. I don't perceive one method as easier or harder. The chosen method depends on the couple, who they are as people, and their life's circumstances. To say that people shouldn't be allowed to marry and AoS just because the foreigner came on a tourist visa comes across as very ignorant to me. It won't stop fradulent couples at all anyways.

Thank you, and I agree. There are many people who apply from outwith the United States for spousal/ fiancée visas and comit fraud. There are plenty of people on this website who have asked for advice on whether or not they can come and marry someone they just met online. 

[f f 725]

2 hours ago, skim00 said:

I really wish people would stop freaking out about this. Yes the president has announced this "new" rule but there is another thread IN THIS SAME FORUM about this issue. This "rule" will take a lot of time to become an approved policy and then enforced by the several immigration agencies (CBP, ICE, USCIS etc), which operate separately. 

 

Also, I'm biased because I came on a tourist visa and now I'm in AoS. But I don't think there's anything wrong with that scenario. People commit fraud with spouse/fiance visas too and all the other available visas too. I don't perceive one method as easier or harder. The chosen method depends on the couple, who they are as people, and their life's circumstances. To say that people shouldn't be allowed to marry and AoS just because the foreigner came on a tourist visa comes across as very ignorant to me. It won't stop fradulent couples at all anyways.

I would disagree here

 

by allowing people to adjust status in country it allows them to avoid having to get police certificates from the places they have lived. since the i485 does not require them but a spouse or fiance visa does. so in effect it removes a level of security from the process.

 

and the argument that because they commit fraud out there means we can commit it in here is crazy we should not stand for fraud to be committed in either place. and if that means having a usc be inconvenienced for the same amount of time a usc spouse who is doing it legally then good.

[Umka36 781]

15 minutes ago, Megmarcus said:

I came here on esta and at POE I was asked why I was here, I told the immigration officer visiting family (as I have family here also) and my boyfriend.. which was my plan at poe!! A 2 week break with return ticket booked! So you can't visit a boyfriend/ girlfriend on a tourist visa? 

Of course you can visit, and it doesn't matter if we think/assume someone planned in advance to come to the US and AOS as it's up to CBP to determine intent. But we are obligated to tell anyone who does plan in advance to come and AOS that it's considered fraud and against the TOS to assist.

 

Rarely do I seen anyone admit that's what they are doing, and you know what it's not my place to judge.

[Megmar0616 11]

5 minutes ago, Umka36 said:

Of course you can visit, and it doesn't matter if we think/assume someone planned in advance to come to the US and AOS as it's up to CBP to determine intent. But we are obligated to tell anyone who does plan in advance to come and AOS that it's considered fraud and against the TOS to assist.

 

Rarely do I seen anyone admit that's what they are doing, and you know what it's not my place to judge.

Yes and I completely understand that you have to tell people that it's fraud. Many people on here just assume though. I can understand that they want to stop fraud and be more strict on who they let into country, but as said by someone before, it isn't fair on the people who are in REAL relationships. 

[Umka36 781]

Just now, Megmarcus said:

Yes and I completely understand that you have to tell people that it's fraud. Many people on here just assume though. I can understand that they want to stop fraud and be more strict on who they let into country, but as said by someone before, it isn't fair on the people who are in REAL relationships. 

It's above my pay grade in determining who is in a "Real" relationship. My wife tells me every relationship is unique, and we all have our idea of what a relationship should be/look like.

[skimmilk 32]

31 minutes ago, f f said:

I would disagree here

 

by allowing people to adjust status in country it allows them to avoid having to get police certificates from the places they have lived. since the i485 does not require them but a spouse or fiance visa does. so in effect it removes a level of security from the process.

 

and the argument that because they commit fraud out there means we can commit it in here is crazy we should not stand for fraud to be committed in either place. and if that means having a usc be inconvenienced for the same amount of time a usc spouse who is doing it legally then good.

I see. I didn't know the detail regarding police certificates because I obviously didn't undergo the fiance or spouse visa process. I'm not advocating fraud, whether externally or internally. I agree that fraud should be stopped and prevented in the first place. My point was NOT "Just because they do it out there means we can do it in here". I was simply pointing out that people who want to commit visa fraud WILL do it and they WILL find ways around new and old legislation and regulations. Adjusting from a tourist visa through marriage is NOT illegal nor is it somehow "LESS legal" than fiance/spouse visas. Side note: there was a thread recently by a man who said he never officially divorced his first wife, married his second wife and was potentially facing a bad situation by USCIS because his first wife tipped them off about his invalid second marriage. This man had somehow managed to obtain a fiance visa AND enter the US with it.  People on here go back and forth about the "lesser legality" and THAT is what I don't agree with. If it were ACTUALLY somehow less legal, there would be a slightly different process. But at the end of the day, we ALL send in basically the same forms and we ALL end up being interviewed by an IO, who (as @Umka36 just said above) is the ultimate adjudicator for a couple's validity. 

Edited September 22, 2017 by skim00

[martin bk 19]

38 minutes ago, f f said:

I would disagree here

 

by allowing people to adjust status in country it allows them to avoid having to get police certificates from the places they have lived. since the i485 does not require them but a spouse or fiance visa does. so in effect it removes a level of security from the process.

 

and the argument that because they commit fraud out there means we can commit it in here is crazy we should not stand for fraud to be committed in either place. and if that means having a usc be inconvenienced for the same amount of time a usc spouse who is doing it legally then good.

I just sent my AOS off and I had to include a police certificate.

[Villanelle 4,121]

43 minutes ago, f f said:

I would disagree here

 

by allowing people to adjust status in country it allows them to avoid having to get police certificates from the places they have lived. since the i485 does not require them but a spouse or fiance visa does. so in effect it removes a level of security from the process.

 

and the argument that because they commit fraud out there means we can commit it in here is crazy we should not stand for fraud to be committed in either place. and if that means having a usc be inconvenienced for the same amount of time a usc spouse who is doing it legally then good.

They do biometrics

[skimmilk 32]

3 minutes ago, Damara said:

They do biometrics

Yes, I didn't point this out in my previous post but the whole point of biometrics is for FBI background checks.
 

7 minutes ago, martin bk said:

I just sent my AOS off and I had to include a police certificate.

I just looked at the I-485 instructions again and there's a whole page about providing police certificates IF you have been arrested "anywhere in the world".  Thanks for pointing that out.

[f f 725]

my point was they do not require you to submit police reports from other countries if a person claims to be clean which could be a lie. when interviewing outside the us they at least have to submit one for the country they live in. and does he FBI check cover outside the us since I thought it just covered getting the reports for inside the us crimes.

[Villanelle 4,121]

15 minutes ago, f f said:

my point was they do not require you to submit police reports from other countries if a person claims to be clean which could be a lie. when interviewing outside the us they at least have to submit one for the country they live in. and does he FBI check cover outside the us since I thought it just covered getting the reports for inside the us crimes.

they do biometrics at the airport which is an IBIS check, then biometrics for a name and background check. 

[amaraimee 109]

16 hours ago, Megmarcus said:

Does anyone know anything about this??

 

http://metro.co.uk/2017/09/19/youre-not-allowed-to-fall-in-love-with-an-american-under-trumps-new-visa-rules-6939469/

 

my husband and I got married with in 90days of me being here and plan on AOS. I'm now starting to panic that our plan won't work. I came on here for advice before making any decisions. 

Any help would be much appreciated.

thank you 

 

I would honestly return home and do a spousal visa. That would be a better option for you. It is concerning to immigration that you came to visit your BF on a temporary visa and got married and are now wanting to stay permanently. In most cases, they would consider this 'visa fraud' and often times they would deport or even ban you from the country for a certain period of time. It sounds harsh but if you think about it, it makes sense. In their eyes, you could've intended to marry once you came here, which means you would have applied for a quick, 'temporary' tourist visa and planned to stay permanently. I think the main reason they wouldn't accept your AOS is because they do a more thorough look into you when you apply for a permanent visa.

My fiance's k-1 is in process and it is a LONG process. They know he's coming here to marry me and to apply for AOS to stay and live here for good. So, they do background checks, they make sure I can support him by requesting statements from my employer and bank, they make him do a physical, medical exam, vaccinations, and an interview. They will want that from you as well, even if your'e already married. Hope this helps! 

Long story short: I would return home and apply for a spousal visa. It would benefit you in the long run, and help to avoid any trouble with immigration.

[I&A2017 10]

https://www.uscis.gov/node/35702

I want to share you this document where Uscis mentioned about this topic about marriage with tourist visa

 

Edited September 23, 2017 by Fiancehappy

[cyclone27 710]

You are fine - you entered married and now you can legally adjust. 

 

Personally I think they should change it and get rid of AOS on ESTA or tourist visa, but until they do people will legally adjust.

 

 

[Meg&Andrew 297]

1 hour ago, aimeelancaster said:

I would honestly return home and do a spousal visa. That would be a better option for you. It is concerning to immigration that you came to visit your BF on a temporary visa and got married and are now wanting to stay permanently. In most cases, they would consider this 'visa fraud' and often times they would deport or even ban you from the country for a certain period of time. It sounds harsh but if you think about it, it makes sense. In their eyes, you could've intended to marry once you came here, which means you would have applied for a quick, 'temporary' tourist visa and planned to stay permanently. I think the main reason they wouldn't accept your AOS is because they do a more thorough look into you when you apply for a permanent visa.

My fiance's k-1 is in process and it is a LONG process. They know he's coming here to marry me and to apply for AOS to stay and live here for good. So, they do background checks, they make sure I can support him by requesting statements from my employer and bank, they make him do a physical, medical exam, vaccinations, and an interview. They will want that from you as well, even if your'e already married. Hope this helps! 

Long story short: I would return home and apply for a spousal visa. It would benefit you in the long run, and help to avoid any trouble with immigration.

As long as they didn't come into the US with immigration intent they are fine. They didn't determine intent upon entering the US. OP , stay and adjust. You'll be fine. It's very very rare that they discover anyone to be commiting immigration fraud,  as they weed most of them out at POE. Pepole may not like it, or agree with it, but opinions don't matter in this case.