Singers

We were asked immediately but it went more like this:

IO opens our file:

IO: So you are adjusting based on an approved K-3?

US: No, we are adjusting from VWP. We didn't finish the K-3 process.

IO: So tell me about that? What happened? Why didn't you follow through with the K-3? ....

Our situation was highly unusual. In fact our IO even said in his 17 years of working there he had never had our situation. That was it. Once we told him our reason(s) we went through the yes or no questions and that was it. Very simple. No questioning of intent other than what I just wrote.. no grilling... no separating us and questioning us... nothing.

I did a quick search on wikipedia:

The United States law on this issue varies from state to state, since the issuance of birth certificates and the recognition of marriages are largely state matters. Several courts have come to the conclusion that sex reassignments are not to be recognized for the purpose of marriage, including courts in Florida, Ohio, Texas and New York.^[3] Other courts (including courts in Kansas and New Jersey) have recognized the reassignments. Most (almost all) U.S. states permit the name and sex to be changed on a birth certificate, either through amending the existing birth certificate or by issuing a new one. Only Idaho, Ohio and Tennessee refuse to permit a change of sex. Like other states, California will amend birth certificates only for California natives currently living in California. However, unlike other states, postoperative residents of California born outside California may obtain a court-ordered change of name and gender. Moreover, on August 2, 2003, California joined Minnesota, Rhode Island and New Mexico (as well as New York City) in expanding legal protection from discrimination to include gender identity or expression, which may aid transsexuals in future cases in these jurisdictions.

So I guess if you live in a state that allows a birth cert to be changed it is possible? For legal purposes the person would now be of the opposite sex so it wouldn't be against Federal regulations...

I take offense to the "you people" and for the record *I* did not set out to circumvent the system. (If I had I would have saved myself the filing fees for the K-3!! And trust me, if we went to the interview with the excuse of we were tired of waiting the IO wouldn't have found us funny!)

But I do understand your point. Intent is not something that should be taken lightly and is what constitutes misrep in these situations.

Someone correct me if I am wrong but: Even if the state recognizes same sex marriage, it is written into the Immigration Act that the spouse must be of the opposite sex?

I know we don't know the poster's gender yet, so this might be moot. I am just curious.

You still do not know the circumstances that prompted the original poster to change their mind. They could have told the truth to the POE officer (thus no intent) and then something happened to change their mind.

And while I do not want this to become personal, this situation happened to my husband and I. Our I-130 was approved, we had extenuating circumstances (which I do not want to broadcast) and we decided to adjust in country. It was not a decision to take lightly, but it was the right decision for us at that time.

My only point with my personal example is that not everything is black and white. We do not know if that is true of the original poster's circumstances either.

Visit immigrate2us.net

They have a couple of members with HIV waivers approved. (Proof that it is not impossible.)

The members there are usually very helpful.

Because they don't want to and can technically skip that part of the process?

Your case isn't really that straightforward. You do have the little problem of being an overstay. As another poster stated, they are probably transferring your file back to the local office to await an interview. They might also be checking to see if you have left and re-entered the country since you lost legal status. (Doing so can trigger a ban.)

Infopass is the best advice.

Can we please argue based on the original poster's situation? They are already married. Visa fraud does not apply to them based on her coming to the US with the intent of getting married.

Now, if she had the intent of coming to the United States to adjust status....

Does anyone have any feedback/advice on this course of action? Do we absolutely need a lawyer to go through this process? What is the worst that can happen in this case if we file the paperwork successfully and then something goes wrong during the interview?

To answer the original posters question:

Yes, you can adjust from a tourist visa. (this is a legal fact, not advice.)

You technically do not need a lawyer to file the paperwork. (Fact, not advice.)

It would be in your best interest to consult an attorney.

Worse case scenario:

If the interviewing officer finds that you lied to the officer at POE you will be charged with misrepresentation and denied adjustment of status.

Misrepresentation results in a lifetime ban from the country. This ban can be overcome by filing an I-601 waiver proving extreme hardship to the USC. Statistically this is a very difficult charge to overcome but not impossible.

No one knows ALL the facts of your case, you do not need to post them, so they can not give you perfect advice. We can only speculate based on our own experiences, what we've read of others' experiences and express our opinions. Given the facts that you have posted it would be an increased risk to adjust status. Please consult an attorney.

My husband and I were in the same situation.. actually even worse because we already had a K-3 pending when we were stopped. (see my previous posts to get the full story) I was given the same advice. Stop the paperwork and have my husband go home.....

We adjusted with no problem. Our interviewing officer asked us what happened and I explained to him why we changed our minds. He was fine with it.

Yes, most people think it is not fair that you can do this.. and frankly I don't blame them. It is hard being apart from your love one and at the mercy of such a crazy system. However, that doesn't mean what you are doing is illegal.

I think most people are just trying to point out the obvious.; there is a risk doing it this way. If you get an officer that doesn't believe you were going to return, that you were trying to circumvent the system, you will be charged with misrepresentation. To overcome this will be a long, hard process and may result in a ban from the country.

Will this happen? Probably not. Can anyone guarantee it won't? No. So just be aware that of the huge downside.

We consulted an attorney and had peace of mind when we went to our interview. (we did all the filing and everything ourselves) Maybe that is something you want to consider.

Best of luck.

I have a funny story to add as well...

When we went in for our interview, I told the officer that I had called the information hotline. He looked me square in the eye and said: "You called the information hotline? Do you realize that you had a 75% chance of getting the wrong answer? That whole system has been a giant failure."

OMG!!! Even our attorney was shocked he was so blunt! And I had no idea what to say to that... so I just started laughing...

Finally some honesty....

APPROVED!!!

We got an approval today in Seattle. The interview was pretty easy considering our unique situation. (we abandoned the K3 process and skipped directly to AOS from VWP.) After we explained our situation he approved us. Didn't ask to see any documentation or pictures (other than proof of who we were) but we had submitted everything when we sent in our packet. He only asked a couple of the "No" questions at random, not all of them and that was it. He said the card should arrive in 2 weeks. (We didn't ask for the stamp.)

APPROVED!!!

We got an approval today in Seattle. The interview was pretty easy considering our unique situation. (we abandoned the K3 process and skipped directly to AOS from VWP.) After we explained our situation he approved us. Didn't ask to see any documentation or pictures (other than proof of who we were) but we had submitted everything when we sent in our packet. He only asked a couple of the "No" questions at random, not all of them and that was it. He said the card should arrive in 2 weeks. (We didn't ask for the stamp.)

Just a quick update. We have an interview for August 1st!!!

We got a touch today for our EP and AOS. We just finished our biometrics appointment so I guess that is what that is...

We also welcomed our little girl into the world on May 31st! (So its very hard for me to keep 100% updated... sleep is very rare and very precious right now. lol.)

Hi Everyone!

A quick update: I went into labor on May 31st at 4am and our little girl was born at 1:21pm. We had an uneventful delivery with Mom very comfortable with her epidural. (My doctor pumped me full of pitocin which made me contractions HURT.) She was hungry from the second she came out. lol. But she is a very good baby. We were blessed with a wonderful little girl.

I hope everyone is having a great pregnancy and congrats to all the new mommies like me!

I'm off to get some much needed sleep!

Well.. my due date came and went and she doesn't seem to want to come out! I'm hoping to schedule my induction for June 3rd. I'm seeing the doctor on Thursday to have an ultrasound to check on her...

I swear we tried every home remedy except castor oil and Nothing!

I hate waiting...

I would call your doctor but from what I've read some spotting isn't something to be alarmed about especially if you didn't have any cramping... if anything it is just good for them to know and can follow up on it in your next appointment.

Thanks! I know he can fill out that much on his own! Phew!

I wonder if the later biometrics appointment is a reflection on how busy your local office is... hmmmm...

We finally got out snail mail for biometrics.. 6/08.

What do you have to fill out on the form for biometrics? Basic information or do you have to have your paperwork handy to answer it? My husband's letter said he only has to bring that one form and id.. nothing else? (NOA1s??)

Sorry I'm just nervous because I won't be there with him and I've bascially handled all the paperwork so far. I don't want him to get to the form and not know how to fill it out!

I couldn't stand the glucose test! I had an orange flavored drink (they gave me a choice of fruit punch or orange) and I gagged it down in just under the five minutes. I literally had to breath deep breaths to keep it down. Once they had my blood drawn I ran to the nearest food place to get something to eat. Anything to balance out all that suger! Thankfully I passed with flying colors so I didn't have to do the 3 hour test. My sympathy to anyone that had to do that!

I went to the doctor yesterday and my doctor wasn't there. He was held up in an emergency c-section AND he hadn't done his rounds yet... with NINE women whom all went into labor the day/night before. Talk about crazy!

Needless to say the waiting room was pretty bare when I went in! lol.

I saw the nurse practitioner instead and she told me I'm 70% effaced and a couple centimeters dilated so I'm getting close! Last night I had some teensy contractions but that was it. I was hoping they would become something more but they didn't...

I'm glad everyone is happy and healthy with their pregnancies.. it is such a crazy and emotional journey... I can't imagine what it is going to be like once she's here... Eeeks!!

I due any day now and I still haven't decided on the epidural... I'm worried that my baby will be too sleepy after she comes out and the possible side effects will have on her... I also want to try breastfeeding (no one in my family has been successful at breastfeeding!) My doctor is going to induce me on June 3rd if she's not here on her own which also has me kind of worried.... I'm hoping she'll come this weekend!

We received our NOA1s for our submissions.. they are dated May 14th... we had two touches after that and I was hoping it was for biometrics but we haven't had any snail mail for it yet...

Thanks!

It was delivered the next day (9th). So it has taken a week for the checks to be cashed... about average.... so now its time to sit by the mailbox. lol.