Nicky44

congrats!

AND you just do not get it nor do you read or respect US law at all.

And that is why Kezzie and I have both posted quotes from the USCIS website.

It was obvious the poster was not coming here to visit or be a tourist based on his question and facts he presented,

Why is it obvious, has it not occured to you that they may have been on honeymoon over here, and then changed there minds, that they wanted to build a life here instead, it does happen.

thus it is what it is, visa fraud if they stay and marry on that tourist visa and this is after the border agent tells them to go back and file proper forms AND after another poster tells the factual story of someone being flagged on their passport for this later at an interview.

Of course the border agent is going to tell them to go back and file for a spousal visa, if he told them otherwise, then there would have been intent at POE

Now maybe when you slid in here about 3 years ago USCIS was not enforcing this law much but it has changed, they are watching it now closely, think about it.

I came over on a tourist visa, and overstayed for 2 years before we applied for AOS within the last 5 months. see my timeline.

AND no where do you show me a link or proof that it is not visa fraud for intending to marry on at tourist visa when you take oath and answer question not to do so on that tourist visa.

Cant work out what you are trying to say here.

I have a great solution that should be retroactive for past 5 year for all those getting married on a tourist visa and gaming the system like you did, raise the filing fee for AOS green card to $10,000, I bet you would change your mind and suddenly do it the right way and file that K1 or K3 then.

You would think like that cos you are a sourpuss

The OP has already told us that his wife still has her apartment, bank accounts etc.,, if there was intent, wouldn't she have given up the rental lease, wiped out the bank accounts etc.,

Another question ..... how many of you that Adjusted Status on a tourist visa was actually asked about "intent" at your interview. it wasnt bought up at all at my interview.

I came across this on a USCIS website, hope this shows that nobody is breaking the law if they want to adjust from tourist visa.

Kez I am with you, providing you can prove you had no "intent" when arriving at POE

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

As Bradcanuck said yes you can adjust status here while she is visiting on a tourist visa.

but you have to prove that she had no intent on staying when she entered the US, does she own or rent a home back in France, does she still have a job, bank accounts, any ties with her own country.

if you can prove this, you should be ok. might be worth chatting to an immigration lawyer, or get an info pass at your locat office and speak to one of the Immigration officers there.

Congratulations on getting your Interview Finally, you must be relieved that you are now on the home run.

Fill in the I-864, get your husband to copy his tax returns, 1099's or w2's , and he may need a letter from his employer stating hours works and basic pay as it is getting towards the end of the year.

It wouldn't hurt for you to bring along all your pay stubs and a letter from your employer,

I always think the more evidence you can supply the better.

Dont know if I can help much, as I dont really know the K visa procedure, but did you get a letter of approval for your K1 visa, maybe it is that they are looking for

take the one off line a

Well, it looks like there is a choice then A or H

not sure about K visa's when they adjust status, but we had to send pass 3 years worth of tax returns. otherwise looks good,

If your k3 visa is not approved I dont think you can select A on the I-485

Select H and in the space below, write something like I am the spouse of a USC, I am applying for Adjustment of Status to Permanent Resident, I came on a WVP and have been continously present in the US since XXXX

I did check this out with an immigration officer at the time I was applying.

Congratulations Nicky44 and G&T.

We received the "Card Production Ordered" *touch* on the USCIS web-site today!

Best wishes to all those with pending interviews!

CONGRATS to you too Chelsea FanI see you support a brilliant football team aswell LOL!!

YEAH!!!! Received my GREENCARD in the mail today... no more Immigration till Citizenship time!!!

What about removing conditions?

Congrats on getting the card though!

I've been married for 3 years so no probs about lifting conditions

YEAH!!!! Received my GREENCARD in the mail today... no more Immigration till Citizenship time!!!

Congrats to everyone else !!

Bradcanuck, I hope you receive something soon,

Someone asked me this and I really don't know the answer. I woman enters the US on a K1 VISA. After the marriage but before AOS, the woman has trouble adjusting to life in the US decides to return to her country. There are no children involved. What will be the result of this, as far as USCIS or DHS are concerned?

I think it is called abandonment of AOS, not 100% sure.

I thought everybody is now fingerprinted at POE, on all visa's, best to make sure you haven't missed your Biometric appointment, I could be wrong, but might be wise to check, usually INS sends out a Biometrics Appointment Letter if you are Adjusting Status.

I sent 2 photo's with each application, dont forget your medical I-693!!

thx for your help.............any more help from u all will be appreciated

Just send me a PM anytime, and I'll get back to

Good Luck with your processing, hope it goes quick for you.

I sent 2 photo's with each application, dont forget your medical I-693!!

Dont forget to do a cover letter and contents page, also you can apply for AP it's all in the fee, if you have anything in joint names at the moment I would send them copies of that also, i.e. rental leases, utility bills, car registration in both names, bank accounts.

I sent as much eveidence as I could with my package, when it came time for my interview, all I was asked for was I-94, passport, spouse, a letter from employer and photo's, although I took a copy of everything with me plus originals.

Actually I think you can do volunteer work, providing you do not collect any pay, besides, she can also ask the club if they would consider in writing an affidavit about her volunteer work, to take with her to your interview.

Although I make enough money now, in the last 3 yrs my income was very low. Is that going to matter?

Best to wait and file for AOS in 2008 after you file taxes for 2007.

Not that long away.

You can get your employer to write a letter stating how much you have earned this year.

Here is my Timeline:

My interview went reasonably well, the IO had to make further investigations, so I didn't have an answer at the interview, she said it would take 2-4 weeks to respond, we had our interview Thursday 18th Oct, and was infact approved via email Monday 22nd Oct, She was very professional, the interview wasn't as scary as I thought it was going to be.