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Cmpalaz

AOS for Tourist Visa for Spouse

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Hi all, I am new to this whole process and am hoping to get some clarity. My husband and I have been together since 2010; we married in 2014 and have a 2-year old child. He is a Nicaraguan citizen and I am American. We currently live in Nicaragua (that is where we met, married, and our child was born). My husband has a B-2 Tourist Visa and has visited the US 6 times in the past 3 years. He is legally allowed to stay in the US up to 6 months at a time. 

 

There is an ongoing political crisis here that has led us to decide to relocate to the US. We did not start the Green Card process here because the US Embassy was closed for a few months due to the crisis. It reopened in October and announced applicants for immigrant visas could expect significant delays in their processing due to the closure and ongoing crisis. Based on feedback from others here, we estimated it might take up to a year and we felt that it was unsafe to stay here for that period of time. We have decided to enter the US as a family with just the B-2 visa and then apply for the Adjustment of Status while there. We have tickets to the US next week and are preparing the paperwork we'll need to apply for the AOS while there. 

 

I have read that applying for an AOS from a Tourist Visa within the first 90 days in the US is a red flag. Is this true in all cases? 

 

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17 minutes ago, NigeriaorBust said:

 Entering the US using a tourist visa with the intent to file AOS is immigration fraud.  Be sure to tell the immigration officials about your plans at the border so you wont get accused of lying on entry and see how your trip goes.

Ok, thank you for your feedback. We are also looking at asylum as an option. It's my understanding you have to physically enter the US in order to apply?

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What would be your basis for an asylum claim?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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52 minutes ago, Cmpalaz said:

We have decided to enter the US as a family with just the B-2 visa and then apply for the Adjustment of Status while there. We have tickets to the US next week and are preparing the paperwork we'll need to apply for the AOS while there. 

That would violate the terms of his B2 visa.......I agree that it is visa fraud.  As stated above, make sure you inform the CBP officer at entry that he plans to stay and adjust status.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

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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30 minutes ago, Cmpalaz said:

Ok, thank you for your feedback. We are also looking at asylum as an option. It's my understanding you have to physically enter the US in order to apply?

What is the basis of asylum? Asylum is not as easy as many think to be approved. Just because your country is having political issues doesn't mean it is a good reason for asylum. The United States just suffered the worse government shutdown in history. All governments have issues.

 

Are you or your husband in politics or are reporters? Were you involved in protests?

 

Simply asking to get a clearer picture of your situation.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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How long have there been political issues in that country?  His attempt to enter and adjust or claim asylum could be seen as a way around the year-long wait that CR-1/IR-1 couples must endure.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

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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Hi I think the better way to enter the US is with a spousal visa. Yes there is a wait and I know that the conditions in Nicaragua are awful right now. However it calmed down a little bit and it's more of an economical strain right now. I suggest to file I-130 for your spouse and wait out the process with him in Nicaragua if you can. You also need to establish domicile at some point, just something to keep in mind.

 

I wish you all the best. Hang in there.


Spoiler

2017-07-05 Filed
2017-07-22 Received package back for wrong payment amount
2017-07-24 Sent package back with correct payment amount
2017-07-27 Received by USCIS
2017-08-01 NOA letter dated
2017-08-07 NOA received 
2017-08-11 Biometrics letter received
2017-08-21 RFIE case updated 
2017-08-23 Biometrics appointment 
2017-08-25 RFIE letter received 
2017-08-26 RFIE response sent 
2017-08-30 RFE response received by USCIS 
2017-10-26 Combo Card ordered 
2017-10-27 Case updated 
2017-10-30 Received approval letters for EAD & AP 
2017-10-31 Combo Card was mailed 
2017-11-01 Case updated 
2017-11-02 Received Combo Card 
2018-06-14 Filed Renewal EAD/AP 
2018-06-29 Received NOA with EAD 180-day extension 
2018-07-06 Received letter from USCIS stating biometrics will be reused 
2018-10-09 Interview was scheduled 
2018-11-13 Interview date, rescheduled 
2018-12-13 New Interview date, Approved
2018-12-17 Received approval letter for I-130
2019-01-02 Green Card ordered, case updated
2019-01-07 Infopass: I-551 stamp in passport
2019-01-07 Received approval letter for I-485 
2019-01-07 Green Card was mailed
2019-01-08 Case updated "We mailed your new card your Form I-485"
2019-01-08 Case updated "Card Was Picked Up By The United States Postal Service" including tracking number
2019-01-09 Received Green Card

Total Day count: 553

 

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37 minutes ago, NuestraUnion said:

What is the basis of asylum? Asylum is not as easy as many think to be approved. Just because your country is having political issues doesn't mean it is a good reason for asylum. The United States just suffered the worse government shutdown in history. All governments have issues.

 

Are you or your husband in politics or are reporters? Were you involved in protests?

 

Simply asking to get a clearer picture of your situation.

Yes, I completely understand asylum is not a guarantee. My husband was involved in the protests- he attended marches regularly from April-June. We also provided support to some of the university students during the months of June-July (bringing food donations). I work for an NGO that is now closing down operations. I have been threatened by the government- specifically told I was going to be deported if I didn't sign a letter confirming my support for the government. This happened in November. I recently learned my NGO was added to a government watch list. We tried to hang on in the hopes that things would improve, but it is clear they are not going to any time soon. 

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40 minutes ago, missileman said:

How long have there been political issues in that country?  His attempt to enter and adjust or claim asylum could be seen as a way around the year-long wait that CR-1/IR-1 couples must endure.

The crisis began in April 2018. The US Embassy was closed for all immigrant applications from April-September. They reopened in October. 

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A B2 is a tourism visa, for a temporary visit and then return to home country.  To enter on a B2 with intent to stay permanently is misuse of the visa.  No one here on VJ will recommend lying at the POE when they ask the purpose of your visit.  They may ask about ties to the home country, return ticket, jobs to return to, property owned, letters from employers.  Be completely honest when they ask and be prepared for scrutiny and possible denial of entry for your B2 husband.  As others have suggested, your only legal path for him to enter the US and become a resident is to file for a spousal visa and wait 14 months in Nicaragua, or however long it takes.  You could try for an expedite based on financial hardship, sometimes these are approved faster.  You will have to leave before him to establish US domicile and get a job in the US with sufficient income for the affidavit of support, or get a co-sponsor.  Good luck.

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Is there any way you guys can temporarily re-locate to, for example, Mexico?


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Think we can close this one. No one here will tell you or advise you on your plan to misuse a visa. It's strictly against the TOS of this site. And for all of us here that did the process the legal and right way and waited, we definitely won't be assisting.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif     

 

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3 hours ago, Cmpalaz said:

Yes, I completely understand asylum is not a guarantee. My husband was involved in the protests- he attended marches regularly from April-June. We also provided support to some of the university students during the months of June-July (bringing food donations). I work for an NGO that is now closing down operations. I have been threatened by the government- specifically told I was going to be deported if I didn't sign a letter confirming my support for the government. This happened in November. I recently learned my NGO was added to a government watch list. We tried to hang on in the hopes that things would improve, but it is clear they are not going to any time soon. 

As noted, you cannot enter with intent to file AOS. That's off the table completely.

 

Just realize that filing for asylum then another immigration benefit (still not AOS a a backup as that's intent to stay) is going to look like attempting to bypass immigration laws by any means possible.

I would suggest not to shoot yourself in the foot. You have a means to start the process now, and potentially a cause for expedite.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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