Visited on ESTA visa, immigration official told me to leave earlier

[Redheadguy03 505]

12 minutes ago, Meg&Andrew said:

I don't know why everyone gets their panties in a bunch when AOS on a tourist or ESTA is mentioned. Until it's made illegal, it's legal. 

People get upset because we wait a long time usually away from our loved ones. Also,  it is illegal if your original intent was to adjust before entering the country. 

[caliliving 606]

32 minutes ago, Meg&Andrew said:

I don't know why everyone gets their panties in a bunch when AOS on a tourist or ESTA is mentioned. Until it's made illegal, it's legal. 

people get jealous.. however, it is a legal path that as long as you entered on a visa (any visa) you can go from a visa -> greencard and nothing will change that.  honestly, more scammers are sitting behind their computers begging someone to come to their country and bring them here because they can not get visitor visas. so really, it works both ways because i think that many more of those obvious visa scams should not be denied.

 

regarding the OP, the CBP was just giving you a warning.  also, some CBP do not even understand how it works (you getting a K1 has no bearing on how long you visit this time). the ONLY thing that would have changed it is if you have a stamp in your passport asking you to return by that date (or a change in your online i94). every time you cross, you will have this problem.  hopefully you get that K1 soon!  

[Meg&Andrew 297]

44 minutes ago, caliliving said:

people get jealous.. however, it is a legal path that as long as you entered on a visa (any visa) you can go from a visa -> greencard and nothing will change that.  honestly, more scammers are sitting behind their computers begging someone to come to their country and bring them here because they can not get visitor visas. so really, it works both ways because i think that many more of those obvious visa scams should not be denied.

 

regarding the OP, the CBP was just giving you a warning.  also, some CBP do not even understand how it works (you getting a K1 has no bearing on how long you visit this time). the ONLY thing that would have changed it is if you have a stamp in your passport asking you to return by that date (or a change in your online i94). every time you cross, you will have this problem.  hopefully you get that K1 soon!  

Exactly. I believe the ones who make it the hardest on us, are the ones who marry a US citizen with an intent to get a greencard only. That doesn't happen only with people AOS'ing in the US. It happens on CR1/IR1, k1, and other visas as well.  

 

AOS'ing -Adjustment of statusing  Lol 

[Michael2017 368]

4 hours ago, mindthegap said:

I sincerely hope that wasn't a dig at me.... I did everything by the book thank you very much,  and I would not encourage anyone to break the law - on here or otherwise.

 

I was simply informing the OP who is understandably quite worried that they may not be allowed in again at a later date, that that is one legal option available to them at this time, in addition to other courses of action. It is an advice forum, and I for one like to be informed of all possible options when posting looking for advice.

 

I wouldn't really blame them to be honest....I am sure many who upon encountering such an idiot at a POE and being threatened that they wouldn't  be allowed back in at a later date,  may well have cause to re-evaluate their plans.

 

 

 

Anyway, the OP said they will be leaving, so it is a moo point.

 

 

I got informed by my law office that the 30 - 60 rule has been removed, and now is a 90 days rule. So, not a good advice at all.

[caliliving 606]

40 minutes ago, Michael2017 said:

I got informed by my law office that the 30 - 60 rule has been removed, and now is a 90 days rule. So, not a good advice at all.

The OP sated they were NOT AOS!

 

however, the 30/60/90 rule is a MYTH! intent is determined AT THE BORDER! therefore, as long as you got in and have a legal visa, you can aos.

[AshMarty 359]

8 hours ago, caliliving said:

The OP sated they were NOT AOS!

 

however, the 30/60/90 rule is a MYTH! intent is determined AT THE BORDER! therefore, as long as you got in and have a legal visa, you can aos.

FYI: Actually the governments is currently changing the laws regarding AOS from a tourist visa. Late September there were some changes in policy (government policies below) https://fam.state.gov/fam/09FAM/09FAM030209.html. 

 

Here is a article from the national law review written by two lawyers that better explains the changes. https://www.natlawreview.com/article/new-guidance-imposes-finding-misrepresentation-conduct-inconsistent-visa-within-90

 

FYI it will still might be possible but it will be a nerve wracking decision and not a wise move anymore.

 

 

 

[Boiler 43,692]

We are talking about adjusting in country having entered with inspection.

[Nitas_man 3,100]

On ‎10‎/‎14‎/‎2017 at 7:38 PM, mindthegap said:

It doesn't break the law, or the site T&Cs, so whatever.

It's a loophole that is under scrutiny right now and not a risk that any of us would advise. 

[caliliving 606]

5 hours ago, AshMarty said:

FYI: Actually the governments is currently changing the laws regarding AOS from a tourist visa. Late September there were some changes in policy (government policies below) https://fam.state.gov/fam/09FAM/09FAM030209.html. 

 

Here is a article from the national law review written by two lawyers that better explains the changes. https://www.natlawreview.com/article/new-guidance-imposes-finding-misrepresentation-conduct-inconsistent-visa-within-90

 

FYI it will still might be possible but it will be a nerve wracking decision and not a wise move anymore.

 

 

 

it does not break ANY law. therefore, it IS legal and always will be.  nothing will change it. their are kids that entered on tourist visas at 2 years old and are able to AOS. do you understand mayhem it would create? also, lots of k1 petitioners come here and dont AOS right away. some i know wait a few years just bc of time and money... so no, nothing will ever change. its LEGAL to AOS from a B2, F1, VWP, H1B, TN, O1... ect. and always will be

[AshMarty 359]

3 minutes ago, caliliving said:

it does not break ANY law. therefore, it IS legal and always will be.  nothing will change it. their are kids that entered on tourist visas at 2 years old and are able to AOS. do you understand mayhem it would create? also, lots of k1 petitioners come here and dont AOS right away. some i know wait a few years just bc of time and money... so no, nothing will ever change. its LEGAL to AOS from a B2, F1, VWP, H1B, TN, O1... ect. and always will be

I am not trying to argue. I just said there are now policy changes. There were changes to the policies less than a month ago and I posted them here for people's information to take as they wish. 

 

Edited October 15, 2017 by AshMarty

[caliliving 606]

13 minutes ago, AshMarty said:

I am not trying to argue. I just said there are now policy changes. There were changes to the policies less than a month ago and I posted them here for people's information to take as they wish. 

 

the policy has not changed. And i am not arguing, i just do not want people to panic/freak out! because everyone hears or reads something online blah blah and freaks out and worries. but no, it is still LEGAL and find to AOS from a visitor visa.. so people should not worry and if they decide to do that after entering the country, they can

Edited October 15, 2017 by caliliving

[Meg&Andrew 297]

2 hours ago, Nitas_man said:

It's a loophole that is under scrutiny right now and not a risk that any of us would advise. 

There's no risk as long as their is no intent before entering the US. It's a legal way of adjusting status. 

[caliliving 606]

1 hour ago, Meg&Andrew said:

There's no risk as long as their is no intent before entering the US. It's a legal way of adjusting status. 

exactly! and at the immigration interview, all they care about is that your marriage is real!!!! they questioned how we met, where, how long we dated.. they did not ask one question about why i overstayed or why i came on a b2 and got married. why? because it is a nonissue!!! and it doesnt matter what my reasons were for staying as they can not deny me a visa because of that!

[Ontarkie 13,955]

~~Inappropriate post removed. Stick to answering the OP's questions or do not post.~~

[Michael2017 368]

Guys, policies have changed. I cant repeat myself over and over again. 2 different lawyers have recently sent newsletter stating that AOS before 90 days will cause the presumption of fraud now. It can be overcome but is very hard. All of you guys advising for AOS have not gotten to know the new policies and you will just put OP and others in big trouble. Listen to people who got info in time to warn others and do not argue with them based on outdated old information.

 

 

https://immigrationbriefs.com/2017/10/04/3060-day-rule-is-removed-from-fam-replaced-with-90-day-rule/

30/60 Day Rule is Removed from FAM, Replaced with 90 Day Rule

Edited October 16, 2017 by Michael2017