Jump to content
ozzac

Adjustment of status from Tourist Visa

20 posts in this topic

Recommended Posts

Hello, 

 

I have been married to a US citizen for over two years and we are currently both living abroad. We would like to move to the US but filing an IR1 visa will take over a year and we would like to reduce this time frame. DCF is not available in our country. 

I was told that I could go to the US on a tourist visa and since my wife is a US citizen, I could adjust my status there and then obtain my green card. Is this a true possibility? If yes, what steps would I need to follow? 

 

Many thanks in advance to all those who could help on this topic! 

Share this post


Link to post
Share on other sites
Posted (edited)
2 minutes ago, ozzac said:

I was told that I could go to the US on a tourist visa and since my wife is a US citizen, I could adjust my status there and then obtain my green card. Is this a true possibility?

Entering on a tourist visa or VWP with the intent to adjust is VISA fraud.

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
Posted (edited)

***Topic moved to IR-1/CR-1 Spousal Visa Process and Procedures as AOS is not an option******

 

Edited by missileman

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

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

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
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
Posted (edited)
16 minutes ago, ozzac said:

I was told that I could go to the US on a tourist visa and since my wife is a US citizen, I could adjust my status there and then obtain my green card. Is this a true possibility? I

Curious where you heard this from?  No, it's not a legal possibility.

 

Another thing to keep in mind---depending on how long your US spouse has been living abroad, they will need to reestablish US domicile when petitioning you.  Presumably she has been filing US taxes while living in another country those years?

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
14 minutes ago, ozzac said:

I have been married to a US citizen for over two years and we are currently both living abroad. We would like to move to the US but filing an IR1 visa will take over a year

Also, before you begin the IR-1 visa process, be aware that the US citizen spouse will have to establish a US domicile and earn sufficient income in the US to sponsor you or find a qualified joint sponsor.  Time to do more research on the process, as this requirement usually means that the US citizen spouse has to move to the US to establish income and domicile while the alien spouse continues to live abroad for six or more months.  Good luck!

Share this post


Link to post
Share on other sites
8 minutes ago, missileman said:

Who told you this? 

No....you heard wrong........you can not enter the US via a tourist visa with the intent to adjust status.....that is visa fraud, and it can result in severe consequences........there are no short cuts........most of us have endured separation.........Time frame from filing to visa in hand is 12-14 months........good luck.

 

EDIT:  It is against the terms of service of this web site to discuss illegal immigration activities....

I did not mean to discuss illegal immigration with my post, I was just asking for confirmation of a possible alternative to a IR1 visa

 

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

Share this post


Link to post
Share on other sites

You can visit whilst waiting.


“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.”

Share this post


Link to post
Share on other sites
Just now, ozzac said:

I did not mean to discuss illegal immigration with my post, I was just asking for confirmation of a possible alternative to a IR1 visa

 

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

IR1 is the only way.   You do not have to be apart during the process.  You can stay together in Switzerland.

 

But one issue you will need to do is show that the petitioner will re establish domicile in the US.  You may also need a joint sponsor. 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

Share this post


Link to post
Share on other sites
Just now, ozzac said:

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

People ahead of you in the queue for processing, background checks, backlog, etc. all add to the timeline.

It sucks, but most here have had to deal with time apart...sometimes years and years apart...that's part of what comes with Immigration, unfortunately.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
1 minute ago, ozzac said:

I did not mean to discuss illegal immigration with my post, I was just asking for confirmation of a possible alternative to a IR1 visa

 

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

There are only about 1.5 million I-130s already in line to be processed at USCIS. There are no short cuts.......


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

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

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
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
Posted (edited)
6 minutes ago, ozzac said:

Thank you all for your answers!

 

What is the difference between an IR1 visa and concurrent filing? 

A concurrent filing is more than one petition/application submitted for different benefits at the same time 

Edited by payxibka

YMMV

Share this post


Link to post
Share on other sites
Posted (edited)
49 minutes ago, ozzac said:

I did not mean to discuss illegal immigration with my post, I was just asking for confirmation of a possible alternative to a IR1 visa

 

My next question is: why does it take so long? My wife and I also have a baby and I don't want to be away from them for 12-14 months until I get a visa. Is an IR1 (and it's long time frame) the only way to move to the US? 

Why would you be separated? You both live together abroad, no? 

 

My ex-husband waited the visa process out with me in Germany. We traveled to the US together and weren't separated. 

Edited by little immigrant


 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- 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.
×
×
  • Create New...