Jump to content
Maxismom

Visa for Spouse + AOS while having a waiver tourist visa

15 posts in this topic

Recommended Posts

Hi.

I've been in the US with a Waiver tourist visa for 2 weeks and I want to apply for AOS + I-130. my husband is a us citizen born in the US. Me and my husband have been married for 3.5 years, we got married outside the US and we have a 1yo kid (us citizen as well).

I want to be a permanent resident and also get authorization to work. What is the best way to do it? 

1. send all the files with our current documents, can my application be denied? Is it possible to succeed in this scenario?

2. get married in the US 

3. What happen if I get a Job offer?

 

 

Share this post


Link to post
Share on other sites

Smarter minds than me can answer your first question.

 

But in relation to your other questions...

 

2) You're already married so no need to get married again.

3) You have to wait until you have a permit to work.  You can get a job offer but you can't accept it, nor can the employer hire you.

Share this post


Link to post
Share on other sites
Posted (edited)

If you came here two weeks ago under a tourist visa with an intent to immigrate, that's fraud.   

 

When my husband and I got married we followed our lawyer's advice: he left the US after the wedding and immediately filed the CR-1 from overseas.  Then we waited our turn just like everyone else. 

Edited by mtempelaar

Share this post


Link to post
Share on other sites
30 minutes ago, Maxismom said:

Hi.

I've been in the US with a Waiver tourist visa for 2 weeks and I want to apply for AOS + I-130. my husband is a us citizen born in the US. Me and my husband have been married for 3.5 years, we got married outside the US and we have a 1yo kid (us citizen as well).

I want to be a permanent resident and also get authorization to work. What is the best way to do it? 

1. send all the files with our current documents, can my application be denied? Is it possible to succeed in this scenario?

2. get married in the US 

3. What happen if I get a Job offer?

 

 

So why didn't you file CR1 spouse visa hmm? Takes too long,  right?

 

This is literally what USCIS will see - couple married for almost 4 years who didn't want to bother with spouse visa.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Share this post


Link to post
Share on other sites
37 minutes ago, Maxismom said:

Hi.

I've been in the US with a Waiver tourist visa for 2 weeks and I want to apply for AOS + I-130. my husband is a us citizen born in the US. Me and my husband have been married for 3.5 years, we got married outside the US and we have a 1yo kid (us citizen as well).

I want to be a permanent resident and also get authorization to work. What is the best way to do it? 

1. send all the files with our current documents, can my application be denied? Is it possible to succeed in this scenario?

2. get married in the US 

3. What happen if I get a Job offer?

 

 

Like people have previously mentioned, changing your mind now after POE is seen as fraud when you apply for AOS. Of course there was someone else on the forum who did go ahead with this procedure and said the lawyer was taking care of it. :unsure:


My timeline

6-16-17 I-130 sent 

6-20-17 received NOA 1 Texas Service Center

1-24-18 NOA 2 approved 

2-23-18 NVC Received my case

3-30-18 Case Number Assigned

4-3-18 Welcome Letter email from NVC

4-4-18 Paid AOS and IV Fees 

4-10-18 Sent AOS package and Civil Documents 

4-11-18 NVC Processed all fees and Completed D260 form 

4-12-18 NVC Received packet 

4-13-18 NVC Scanned all documents

4-25-18 Case Complete at NVC ("At NVC")

4-26-18 Interview Scheduled (I called to find out :P

4-28-18 Received P4 from NVC

6-15-18 Interview Date! :jest:

221G given on interview

6-26-18 Issued (Finally!)

 

Share this post


Link to post
Share on other sites

Intent is determined at POE so OP has met that.

 

I think the bigger problem the OP is facing is that it will now take months to gain a work permit.  OP can search for a role, even have an offer in place, but can't do anything about work until the work permit is approved.

 

Hopefully, the husband can support the family until then.

Share this post


Link to post
Share on other sites

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

 

**Moderator hat off**

 

6 hours ago, EmilyW said:

Intent is determined at POE so OP has met that.

 

This is the only correct post in this thread on that regard; the Board of Immigration Appeals has ruled suspicion of intent cannot be the sole reason to deny an AOS application.  If you don't like that fact, reach out to your Representative and the Senators for your State and tell them that you want to see the INA amended to prohibit AOS from tourist visas and the VWP.  Additionally, if USCIS did suspect Material Misrepresentation, the burden is on them to prove it, not on the applicant to prove they didn't.


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*

 

Share this post


Link to post
Share on other sites
2 hours ago, Teemo said:

What they're doing is either legal and allowed, or illegal and not allowed. Either their application will be accepted, or it will be denied. Morals have nothing to do with it. It's not a question or an assessment of moral or immoral, "cool"  or "not cool," "getting in line like anyone else" vs " you are trying to skip the line." It's simply a question of what is allowed by law, and what isn't - what USCIS will accept, and what it will reject. There's no more reason to invoke morals here then there would be over someone who parked correctly or parked incorrectly and received a (civil) penalty. 

 

Getting real tired of the misplaced and misguided moral outrage I see on this forum everyday. Save that for the real offenders. 

 

By legal terms, yeah, they're good as gold now. But just because you don't get caught doesn't mean you didn't still break the law. I make no apologies for promoting integrity.

 

No need to get tired. Differing opinions happen. Everything will be ok my friend!

Share this post


Link to post
Share on other sites

thank you, I only read the info on the uscis website about AOS and I didn't see anything about a possible fraud. 

I don't want to commit fraud or do something illegal, I just want to be out of trouble and be with my family.

Share this post


Link to post
Share on other sites

There is tons of people on here who overstay their visas for long periods and since everyone knows USCIS forgives overstay if you marry USC. Everyone encourages that they do AOS asap. But apparently someone trying to do AOS after changing their minds during a visit is jumping the line all of a sudden.

 

OP, consult an attorney as your case will be tougher but for sure it is far from illegal, unless at POE they asked you specificially what your visit was about. Also did you have a return ticket booked?

Share this post


Link to post
Share on other sites
5 minutes ago, Dee elle said:

Entering with VWP would have required  return ticket. 

As said this is a very emotionally charged area.. and for understandable reasons.. but, as stated, the act of AOS after entering is currently a legal avenue and is hence available to the OP. People have different feelings about whether this route should remail possible.. so as said.. talk to your Congressional representatives and vote for the changes you feel should be made.. on a similar vein.. some of my vj colleagues feel that removing the IR5 catefkry fkr USC parents is important.. as we came kver on that visa, i have a different opinion and will strongly defend my use of that legak avenue.. if it changes, so be it.. immigration is a privilege nit a right 

Your 'o' key is broken

 

:)

Share this post


Link to post
Share on other sites

 

On 6/13/2018 at 2:14 PM, Roel said:

1. Of course your application can be denied. There is never 100% quarantee.

Especially since you look like you arrived on VWP with clear intent to AOS... Or well, you "change your mind" after 2 weeks.

 

Yeah, yeah - intent is decided on POE blah blah (to all those who will come to attack me with that argument ) . But you never know how USCIS will react to that change of mind.

 

Funny how you insinuate that people are lying at POE and then tell an outright lie in the next sentence designed to scare people - so much for integrity. The law is very clear intent is determined at the POE. How hard is that to understand????

 

Just because you don't like something does not make it illegal, immoral or fraudulent.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×