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kenrick4

AOS while in US on tourist visa

By kenrick4 in Adjustment of Status from Work, Student, & Tourist Visas

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kenrick4 Rookie

kenrick4   0

Posted
Filed: K-3 Visa Country: Jamaica
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Posted (edited)

Good Day,

              I am a us citizen i recently filed and I-130 for my brother which is approved he recently obtain a tourist visa and is coming to visit in december can i just submit a AOS package with the i-130 approval letter for him?

  If you could link me to reference that would be good.

Edited by kenrick4
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Cyberfx1024 Grand Master

Cyberfx1024   7,978

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Filed: Citizen (pnd) Country: Philippines
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15 minutes ago, kenrick4 said:

Good Day,

              I am a us citizen i recently filed and I-130 for my brother which is approved he recently obtain a tourist visa and is coming to visit in december can i just submit a AOS package with the i-130 approval letter for him?

  If you could link me to reference that would be good.

Trying to come here on a tourist visa just to adjust status is considered immigration fraud

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Boiler Grand Master

Boiler   43,836

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Filed: K-1 Visa Country: Wales
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Posted

Apart from the illegality, if you currently petitioned him how can his priority date be current?

“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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Lucky2Lucky Experienced

Lucky2Lucky   2,526

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Filed: Citizen (apr) Country: Haiti
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Posted

Your brother planning to use a tourist visa to immigrate to the US, not visit as is the purpose of a tourist visa, is fraud. 
 

Thats’s great his I-130 was approved. That is how he should immigrate to the US.

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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USS_Voyager Experienced

USS_Voyager   1,971

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Aside from entering on a tourist visa with the purpose of adjusting status is considered fraud, if you recently filed the I-130 for him, there is no way his priority date is current. He’s looking at 12-15 years wait. 
 

He can come to visit but must leave at the end of his authorized stay.

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Duke & Marie Proficient

Duke & Marie   1,389

Posted
Filed: IR-1/CR-1 Visa Country: Australia
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Posted (edited)
1 hour ago, kenrick4 said:

Good Day,

              I am a us citizen i recently filed and I-130 for my brother which is approved he recently obtain a tourist visa and is coming to visit in december can i just submit a AOS package with the i-130 approval letter for him?

  If you could link me to reference that would be good.

Not now that you’ve demonstrated it as something you’re considering.. that would amount to immigration fraud if done.

 

a tourist visa is a tourist visa, not a means of avoiding the waiting list

Edited by Duke & Marie

AOS Journey

  • I-485 etc filed 23 April 2020 
  • NOA1 I-485 June 3 2020 
  • NOA1 EAD 23 April 2020
  • Biometrics 5 Jan 2021
  • EAD approved 12 March 2021
  • Interview Completed 24 March 2021
  • EAD Card Received 1 April 2021  
  • Case under review 2 April 2021
  • New Card is Being Produced 25 September 2021
  • 10 Year Green Card Approved and Mailed 27 September 2021 🙌🙌🙌🙌🙌
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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

As others said, that plan is both fraud and not even remotely possible for over a decade.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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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Cryssiekins Proficient

Cryssiekins   976

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Filed: Citizen (apr) Country: Canada
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If I were you, I would call CBP at his POE.  Give them his name, and information, and give them the heads up that he wants to AOS while on his tourist visa.  Might help them process him faster in line.

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Pinkrlion Mentor

Pinkrlion   2,616

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Filed: Country: Jamaica
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On 11/26/2019 at 6:45 PM, kenrick4 said:

Good Day,

              I am a us citizen i recently filed and I-130 for my brother which is approved he recently obtain a tourist visa and is coming to visit in december can i just submit a AOS package with the i-130 approval letter for him?

  If you could link me to reference that would be good.

Although his I-130 has been approved, his Priority Date is not current, so there is nothing he can do but visit.  In addition, your suggested plan is illegal, and will have him banned.  Let him visit and wait.  At least he was able to obtain a visitor's visa, many people are not.  

Phase I - IV - Completed the Immigration Journey 

 

 

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