AOS for Tourist Visa for Spouse

[Cmpalaz 2]

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? 

 

[NigeriaorBust 4,087]

 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.

[Cmpalaz 2]

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?

[Boiler 43,359]

What would be your basis for an asylum claim?

[Crazy Cat 39,136]

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.

[Unlockable 7,306]

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.

[Crazy Cat 39,136]

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 January 29, 2019 by missileman

[Larindra 9]

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.

[Cmpalaz 2]

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. 

[Cmpalaz 2]

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. 

[carmel34 3,507]

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.

[EM_Vandaveer 2,363]

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

[Ben&Zian 4,397]

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.

[NigeriaorBust 4,087]

You might be able to request an expedite based on the unrest.   

[geowrian 22,335]

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.