Why does the US hate AOS from tourist visas?

[Boiler 43,387]

30 minutes ago, JR & RT said:

The risks? Taking into consideration my case, if the AOS wasn’t approved, would be going back to square one because I abandoned my consular processing.

 

As per the lawyers, in the probable case of an AOS interview (which didn’t happen), they may ask you why you did AOS and that backstory is your reason. As per them is plausible 

You do not abandon your I 130.

 

But if you are refused adusting then you have problems well beyond that.

 

Well people are very rairely asked and if they were I certainly would not advixe saying your reasons.

[Eric and Hope 7]

On 5/23/2022 at 2:24 PM, Pinkrlion said:

It is immigration fraud

It's only fraud if there was intent.

If somebody goes on a vacation with no intent to marry, then serendipitously meets and marries the love of their life, that's not fraud and it's a legit path for adjustment of status.

 

Granted there will be tons of scrutiny but it's not automatically fraud.

[JR & RT 16]

14 minutes ago, Boiler said:

You do not abandon your I 130.

 

But if you are refused adusting then you have problems well beyond that.

 

Well people are very rairely asked and if they were I certainly would not advixe saying your reasons.

there is one thing.. I didn’t ask for I-130. I submitted a I-824 to notify NVC that I was applying for a follow to join benefit since my wife was a EB2 holder. And I was already DQed by NVC, waiting for my visa interview. If you adjust status, you are abandoning that process in the eyes of NVC. No matter the outcome.

 

Well, my wife did it and it worked (in her interview).  At the end of the day, whatever worked for me, may not work for you. I’m just trying to share my experience. 

Edited June 6, 2022 by JR & RT
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[Redro 4,574]

1 minute ago, JR & RT said:

there is one thing.. I didn’t ask for I-130. I submitted a I-824 to notify NVC that I was applying for a follow to join benefit since my wife was a EB2 holder. And I was already DQed by NVC, waiting for my visa interview. If you adjust status, you are abandoning that process in the eyes of NVC. No matter the outcome.

 

Well, my wife did it and it worked. At the end of the day, whatever worked for me, may not work for you. I’m just trying to share my experience. 

But, we are not asking if it works or not. 

We all know it works. 

The OP's question is WHY DOES THE US HATE AOS FROM TOURIST VISAS? 

Not "HOW DID YOU SUCCESSFULLY AOS FROM A TOURIST VISA?"

 

 

[Boiler 43,387]

6 minutes ago, Eric and Hope said:

It's only fraud if there was intent.

If somebody goes on a vacation with no intent to marry, then serendipitously meets and marries the love of their life, that's not fraud and it's a legit path for adjustment of status.

 

Granted there will be tons of scrutiny but it's not automatically fraud.

I have not met many people who have used a K1, CR1 whatever, most people I have come across adjusted.

 

Heleped a friend last year adjust and he had come in with a B 10 years ago. Never asked about that, from what I have seen on here that is the norm.

1 minute ago, ROK2USA said:

But, we are not asking if it works or not. 

We all know it works. 

The OP's question is WHY DOES THE US HATE AOS FROM TOURIST VISAS? 

Not "HOW DID YOU SUCCESSFULLY AOS FROM A TOURIST VISA?"

 

 

US does not it seems, now not popular on VJ

[JR & RT 16]

7 minutes ago, ROK2USA said:

But, we are not asking if it works or not. 

We all know it works. 

The OP's question is WHY DOES THE US HATE AOS FROM TOURIST VISAS? 

Not "HOW DID YOU SUCCESSFULLY AOS FROM A TOURIST VISA?"

 

 

My apologies then. Just got lost in the context after the several replies in the thread.

 

I believe the OP’s question start from a fallacy regarding the AOS from tourist visa. In my point of view and experience, US (immigration system?) doesn’t hate AOS from tourist visa. It may be more difficult than other AOS, but I don’t see “hate” . Now VJ forums, another story 

Edited June 6, 2022 by JR & RT
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[Redro 4,574]

4 minutes ago, Boiler said:

I have not met many people who have used a K1, CR1 whatever, most people I have come across adjusted.

 

Heleped a friend last year adjust and he had come in with a B 10 years ago. Never asked about that, from what I have seen on here that is the norm.

US does not it seems, now not popular on VJ

Yep! The answer is the US doesn't hate it. If they hated it they would change the rules and no longer allow adjustment from a tourist visa. 

I also know quite a few people who adjusted because they wanted to move to the US on their timeline and not wait out consular processing. 

[Vika+Joel 2]

On 5/23/2022 at 5:18 PM, Daphne K said:

I am not sure if the US hates AOS from tourist visas but I do think that it almost has a sense of dishonesty. How can somebody go from  " I am going to visit the US for x weeks" (and show strong ties to their home country) to " I am just going to stay" (never mind the ties I had, I will text my boss that I quit my job, email my landlord that I want to end my lease etc.) I honestly never understood how people were just able to that, but that is just me..

Not sure if they hate or not... I guess it's their job to check stuff like that... and if they hate their job, well, sorry - they've chosen wrong jobs... But anyway, I know a couple who got married after the foreign woman came to the US a a student, and she really was a student for couple years... She met an American guy, that happens, it's life... They fell in love and got married by the time her student visa was about to expire... Filed for AOS, approved with no problems at all.... so it's not necessary fraud when folks get AOS from different types of visa rather than Fiancée visa or smth like that... Or you say people have to stop falling in live here in US just because they entered it with a different purpose?)))) Again, I understand that there're might be different situations.... but I feel like people demonize tourist visas and AOS... everyone's situation is unique ... and if you're a fraud, they  will find it out during interview... those guys are experienced enough... Just tell the truth.. I don't think there's anything wrong to apply for AOS from tourist visa if you're real legitimate couple. Moreover another couple of my friends are in the process of AOS from tourist visa... no problems so far.. the case accepted and pending... so will see ... I guess i'll tell later how it all ended up for them.. but I'm 100% sure they will be approved

[RamonGomez 259]

Not sure they hate it at all... we adjusted from a B2 visa and had no issues. I met maybe 10 couples who did a B2/ESTA adjustment at her ESL class end of year party many many years ago. Literally no one got scrutinized about this at the interview.

 

My wife does however know someone who blatantly used an F2 visa in place of a K1 and they got massively grilled for it with an immediate stokes interview... and they still got the green card.

 

Not sure what the bar is (if there even is one) for a denial nowadays.

 

I think the B2/ESTA AOS "hate" comes from a very small group of angry older guys who are very loud about it and never miss an opportunity to grandstand. Our lawyer (who had 15 years experience when we used her) literally never heard of an AOS denied for "intent". Yet you open VJ and you'd think it's equivalent to some serious crime. 

 

[discoverusa 229]

On 6/16/2022 at 4:24 PM, RamonGomez said:

Not sure they hate it at all... we adjusted from a B2 visa and had no issues. I met maybe 10 couples who did a B2/ESTA adjustment at her ESL class end of year party many many years ago. Literally no one got scrutinized about this at the interview.

 

My wife does however know someone who blatantly used an F2 visa in place of a K1 and they got massively grilled for it with an immediate stokes interview... and they still got the green card.

 

Not sure what the bar is (if there even is one) for a denial nowadays.

 

I think the B2/ESTA AOS "hate" comes from a very small group of angry older guys who are very loud about it and never miss an opportunity to grandstand. Our lawyer (who had 15 years experience when we used her) literally never heard of an AOS denied for "intent". Yet you open VJ and you'd think it's equivalent to some serious crime. 

 

I agree! Topic of AOS from non-immigrant visa can get very passionate/negative here on VJ. I know many people who adjusted, they are not evil or fraud. If AOS was illegal this would not be an option allowed by USCIS. 

[Crazy Cat 39,155]

17 minutes ago, discoverusa said:

I know many people who adjusted, they are not evil or fraud. If AOS was illegal this would not be an option allowed by USCIS. 

No knowledgeable member here says that all cases of adjusting from a B2 is fraud.  However, anyone who enters the US as a visitor with the intent to adjust status is committing fraud.  

Edited June 26, 2022 by Crazy Cat

[Jess A 7]

On 6/26/2022 at 7:39 AM, Crazy Cat said:

No knowledgeable member here says that all cases of adjusting from a B2 is fraud.  However, anyone who enters the US as a visitor with the intent to adjust status is committing fraud.  

I really don't understand what is the point of stating "However, anyone who enters the US as a visitor with the intent to adjust status is committing fraud." So? Everybody knows that, whoever comes here with or without intent. That's a fact!

 

It is USCIS job to evaluate that intent. Not you, not me, not the lawyers. That's why the 90 days rule is on the FAM. And that's why they are trained to read between lines.  

 

Each case is a universe of infinite possibilities. 

 

We can scream here and say this and that. That will not change the facts: AOS from visitor visas is common thing and USCIS/DHS doesn't hate it. It is only a few group of senior VJ members who automatically associate it with fraud/hate/legal problems. 

 

And I would like to offer my apologies if anybody find my post harsh, rude or similar. But this is like a group of republicans and democrats arguing about points like: guns, abortion, etc. Some people may reach the limit. I'm one of them.

 

I'm so sorry... 

 

 

[Crazy Cat 39,155]

1 hour ago, Jess A said:

Everybody knows that, whoever comes here with or without intent. That's a fact!

 

1 hour ago, Jess A said:

I really don't understand what is the point of stating "However, anyone who enters the US as a visitor with the intent to adjust status is committing fraud." So? Everybody knows that, whoever comes here with or without intent. That's a fact!

 

It is USCIS job to evaluate that intent. Not you, not me, not the lawyers. That's why the 90 days rule is on the FAM. And that's why they are trained to read between lines.  

 

Each case is a universe of infinite possibilities. 

 

We can scream here and say this and that. That will not change the facts: AOS from visitor visas is common thing and USCIS/DHS doesn't hate it. It is only a few group of senior VJ members who automatically associate it with fraud/hate/legal problems. 

 

And I would like to offer my apologies if anybody find my post harsh, rude or similar. But this is like a group of republicans and democrats arguing about points like: guns, abortion, etc. Some people may reach the limit. I'm one of them.

 

I'm so sorry... 

 

 

Hang around.  You'll find that we are quite knowledgeable regarding immigration matters. 

Entering the US as a visitor with the intent to stay and adjust status IS fraud.  THAT is a fact.  No, Not everyone knows that. 

Intent is an internal choice.....but CBP needs only suspicion. 

NOTE:  The terms of service for this web site prohibit us from instructing and condoning illegal immigration activities in any way, directly or indirectly.

Edited June 28, 2022 by Crazy Cat

[Redro 4,574]

13 hours ago, Jess A said:

I really don't understand what is the point of stating "However, anyone who enters the US as a visitor with the intent to adjust status is committing fraud." So? Everybody knows that, whoever comes here with or without intent. That's a fact!

 

It is USCIS job to evaluate that intent. Not you, not me, not the lawyers. That's why the 90 days rule is on the FAM. And that's why they are trained to read between lines.  

 

Each case is a universe of infinite possibilities. 

 

We can scream here and say this and that. That will not change the facts: AOS from visitor visas is common thing and USCIS/DHS doesn't hate it. It is only a few group of senior VJ members who automatically associate it with fraud/hate/legal problems. Stick around for a couple of months. And you'll read stories of people getting turned away at POE with a BAN... which leads to a longer processing time of family based petition. People try to jump ahead of the line and then get put into a very, very long line. If VJ REALLY HATED AOS from tourist visa they wouldn't have it as an option in one of the forums. Why would you want to celebrate and encourage behavior that has very expensive consequences? If someone is already IN the US... totally different story. They're allowed to adjust and they can ask for tips and pointers in this forum: https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/

 

Also, as @Crazy Cat said NOTE:  The terms of service for this web site prohibit us from instructing and condoning illegal immigration activities in any way, directly or indirectly.

And I would like to offer my apologies if anybody find my post harsh, rude or similar. But this is like a group of republicans and democrats arguing about points like: guns, abortion, etc. Some people may reach the limit. I'm one of them.

 

I'm so sorry... 

 

 

Fun story of what happens when you tell CBP you plan on adjusting:

Sure that wasn't fun for the kids....and I'm sure its not fun to be separated from your family after you no longer has ESTA privileges. Now if dad wants to see his family they all have to fly to him. No ability to fly to the US. 

 

Bonus "They have a ban" thread link in the comments. 

[Jess A 7]

13 hours ago, Crazy Cat said:

 

Hang around.  You'll find that we are quite knowledgeable regarding immigration matters. 

Entering the US as a visitor with the intent to stay and adjust status IS fraud.  THAT is a fact.  No, Not everyone knows that. 

Intent is an internal choice.....but CBP needs only suspicion. 

I have visited VJ for research purposes in the past but never opened an account. And you are right, there is a lot of knowledge and helpful information but there is also a lot of bias regarding certain topics. My humble opinion

 

I guess I broke my own statistical law, so I would rephrase "MAJORITY of people coming with INTENT know they are committing FRAUD/misrepresentation" 

 

Intent is difficult to identify/prove. And you are right, CBP needs only suspicion. You may come with the intent and pass through. Also you may come with no intent and get returned at the POE or even before. So at the end, to me, your intent doesn't really matter. It is CBP/USCIS role to decide your intent, whatever it is true or not. That's the idea that I'm trying to convey here!  

 

1 hour ago, ROK2USA said:

Fun story of what happens when you tell CBP you plan on adjusting:

Sure that wasn't fun for the kids....and I'm sure its not fun to be separated from your family after you no longer has ESTA privileges. Now if dad wants to see his family they all have to fly to him. No ability to fly to the US. 

 

Bonus "They have a ban" thread link in the comments. 

I have volunteered for some immigration groups/church in TX, FL and LA. And have I heard/seen stories about people getting refused to board a plane to the US and visas cancelled afterwards. Literally hundred of stories and families teared apart. But also, I have personally seen/heard people at the POE blatantly saying to the CBP officer they intent of not coming back to their country and they were granted entry!! And to be honest, most of the people with INTENT pass through it. That's why the immigration system need to to overhauled/changed.  

 

Some of people have been rightfully rejected. Others not so much. So the point of the intent is most related to the CBP/USCIS "opinion" about it. 

 

1 hour ago, ROK2USA said:

Why would you want to celebrate and encourage behavior that has very expensive consequences?

 My apologies to y'all, but I'm not celebrating or condoning that behavior. I'm just stating my opinion about the reality of the situation. Consequences are there. Laws are written. It is everybody job to comply with them.

 

And I guess the point of reiterating the intent/fraud statement is to comply VJ service terms. 

 

1 hour ago, ROK2USA said:

If VJ REALLY HATED AOS from tourist visa they wouldn't have it as an option in one of the forums

 It is not VJ itself. It is a group of senior members. My humble opinion again. 

Edited June 29, 2022 by Jess A
grammar