Adjustment of visa status and visit to the US

[Sm1smom]

You mean you, the spouse, want to enter the US in order to possibly join your partner and kid’s asylum petition? Or is it in order to file your own separate asylum petition?

Hi Everyone,
I had my interview on January and decision is still pending for me. but for my kids, when i check on line, current status indicates 'validation Error(s)' that it does not recognize the receipt no please what should i do?

Anyway, like others have said, be sure to truthfully answer the question if asked what the purpose of your trip is.

 

[Emirates]

The truth, of course.
What is/was the basis for the family's asylum request?[/QUOTE

The were being victimized and I'm also struggling. its a long story ! Anyway, thanks for the advice.

 

[Emirates]

You mean you, the spouse, want to enter the US in order to possibly join your partner and kid’s asylum petition? Or is it in order to file your own separate asylum petition?



Anyway, like others have said, be sure to truthfully answer the question if asked what the purpose of your trip is.

Thanks. i'm just want to check on them and see that they are fine. I'll also go back. I'm only concern if I want to renew my visa. I hope it would not stand in my path.

 

[SusieQQQ]

How long have your family been there? Did you all originally get your B visas together?

 

[Sm1smom]

Thanks. i'm just want to check on them and see that they are fine. I'll also go back. I'm only concern if I want to renew my visa. I hope it would not stand in my path.

You should create your own account. Don’t use the same account to post in the forum - it distorts things.

 

[Emirates]

How long have your family been there? Did you all originally get your B visas together?

Thanks response.

We had it together only once, the current one.

 

[SusieQQQ]

Thanks response.

We had it together only once, the current one.

To be honest, I’d think there’s a pretty (very?) high chance of you being denied entry then. Their systems likely already have you matched up as family, but will certainly have that if you all applied together. I’m assuming they entered on their tourist visas too. I think you are very right to worry that it will affect any further application if you decide not to travel now, too.

 

[SK5]

You cannot apply for extension of tourist visa from within the US - the visa is a document for entering the US, it is issued by the embassy outside the US.

A tourist already in the US may be able to apply for an extension of stay (different from extension of “visa”). However, that is no longer applicable in your case since you’re filing for AOS.

You will be in a new status, adjustment pending, once you file for AOS and your current status expires in May 2019. This status enables you to remain in the US while your AOS petition is pending.

You shouldn’t plan on leaving the US without an AP card while AOS is pending. This includes Puerto Rico IMO - if your flight to/from PR gets diverted to Dominican Republic due to bad weather or mechanical failures for instance, that means you’ve travelled outside the US without an approved AP and your AOS petition will subsequently get denied as it will be deemed abandoned.

Hello Susie/1AurCitizen, I was just reading these posts in similar to my situation i posted earlier and you had responded, How different is thss case with my case, My woman is coming on tourist visa which she got it 2 years ago before i met her along with her parents and she will be in USA next month so once she lands here cant we married on USA and apply for adjustment of status?

 

[1AurCitizen]

Hello Susie/1AurCitizen, I was just reading these posts in similar to my situation i posted earlier and you had responded, How different is thss case with my case, My woman is coming on tourist visa which she got it 2 years ago before i met her along with her parents and she will be in USA next month so once she lands here cant we married on USA and apply for adjustment of status?

NO

(what part of entering on a tourist visa with intent to adjust status is fraud didn't you understand from the 2 pages in that thread?)

 

[SusieQQQ]

^ exactly.

 

[1AurCitizen]

There is no such legal thing as 90 days under b2 visa. We're talking about intent. It's one thing to enter on a tourist visa, have a return ticket, and 1 or 2 bags, then for example the visitor gets proposed to by a USC, and they end up marrying. Totally a different thing when someone is already planning to overstay a b2 visa BEFORE entering the US; which is what the member you're quoting is asking about.

Please do not condone visa fraud. We tend to do things the legal way around here, like CR1 processing in India.

 

[SusieQQQ]

It's very simple. When the person reaches the border, they tell the CBP officer interviewing them the reason for their visit is to stay and adjust status. See what happens next.

 

[Sm1smom]

@tinaina
What you’re encouraging this person to embark upon equates to visa fraud. Anyone coming into the US on a NIV should not enter the country with a preconceived immigrant intent of filing AOS. That is what CP is for.

Your post is in violation of the TOS of this website, subsequent posts such as this will lead to administrative actions being taken against your account.

 

[SK5]

I think my question was misunderstood...may be i expressed more then what is reality,and lets not guess for any fraud, As professional lets take a case study

I am UScitizen, I met a woman in local store and we dated for few weeks , we liked each other and planned for for marriage and her immigration status is she is on visitor B2 visa and she was already completed 100 days and still 2 more months left before her 6 months limit, so in this case can we both get married in US and apply for adjustment of status?

 

[Sm1smom]

I think my question was misunderstood...may be i expressed more then what is reality,and lets not guess for any fraud, As professional lets take a case study

I am UScitizen, I met a woman in local store and we dated for few weeks , we liked each other and planned for for marriage and her immigration status is she is on visitor B2 visa and she was already completed 100 days and still 2 more months left before her 6 months limit, so in this case can we both get married in US and apply for adjustment of status?

Your question was NOT misunderstood. Here’s your original post:

Hello friends, Appreciate if you can advice the best possibility and list various options.
My girl has visitor visa and she is coming along with her parents for 3rd time to USA , we both planning to get married , if we marry in india being UScitizen its a risk of F2 visa and also longer wait of 1.5 years to sponser greencard from India, As she will be already present in USA whats the best possible options for us to get married and stay united to avoid 1.5 year delay to get her greencard or she stay in india?
Appreciate your response.

This forum does not provide guidance on how to circumvent laid down immigration procedures or guide on how to fraudulently obtain immigration benefits.

 

[SK5]

Alright....what is said may be correct.
Lets take this legal case study:

I am a UScitizen, I met a woman in local store and dated for few weeks , we liked each other and planned for for marriage and her immigration status is she is on visitor B2 visa and she was already completed 100 days and still 2 more months left before her 6 months limit, so in this case can we both get married in US and apply for adjustment of status? , Dont i have the right to apply for AOS being US Citizen?, i dont want link this to previous post.

Your question was NOT misunderstood. Here’s your original post:



This forum does not provide guidance on how to circumvent laid down immigration procedures or guide on how to fraudulently obtain immigration benefits.

 

[Sm1smom]

Alright....what is said may be correct.
Lets take this legal case study:

I am a UScitizen, I met a woman in local store and dated for few weeks , we liked each other and planned for for marriage and her immigration status is she is on visitor B2 visa and she was already completed 100 days and still 2 more months left before her 6 months limit, so in this case can we both get married in US and apply for adjustment of status? , Dont i have the right to apply for AOS being US Citizen?, i dont want link this to previous post.

1. This is not a legal case study.
2. This scenario is a hypothetical one you’re trying to manipulate to suit your purpose.
3. AOS and immigration in general is not a right, it is simply a privilege.

 

[Sm1smom]

There are thousands of people in USA with NIV visa that are putting their names for lottery green card and some of them winning and change their status.
If they were telling the officer at the border their intend to apply for lottery they never would have get their visa in the first place. I don't understand how for someone this intention is ok and for someine who wants to be with their loved ones is frudaulant.

There’s a BIG difference between someone that was already in the US on a NIV who, lets use your scenario, won the visa lottery (like you did and I’m providing you and countless others on the visa lottery thread guidance on) AND someone who is currently outside the US and is planning on coming in on a NIV with the mind of filing AOS. Big difference. One had a change of heart, the other entered with a preconceived intent which is NOT allowed.

 

[SK5]

AND someone who is currently outside the US and is planning on coming in on a NIV with the mind of filing AOS. Big difference. One had a change of heart, the other entered with a preconceived intent which is NOT allowed.

You have good immigration knowledge but you are always going to point 1, lets keep aside for one time and look into look books and see .,,why USCitizen does not have a right to marry a girl in the USA who is on NIV with 90days already passed and just are still dating and wants to get married if things so well..its not a intent as both are still meeting, in this case how does the laws help UScitizen to file her AOS.

 

[SusieQQQ]

Alright....what is said may be correct.
Lets take this legal case study:

I am a UScitizen, I met a woman in local store and dated for few weeks , we liked each other and planned for for marriage and her immigration status is she is on visitor B2 visa and she was already completed 100 days and still 2 more months left before her 6 months limit, so in this case can we both get married in US and apply for adjustment of status? , Dont i have the right to apply for AOS being US Citizen?, i dont want link this to previous post.

We are here to help real people with real problems find legal solutions, not engage in hypotheticals aimed to help people find ways to circumvent the law. However, from what you posted above, i will point out that there is no "right" to immigration. It is a privilege. If your intended finds herself the subject of a ban for wilful misrepresentation, you'll find that out pretty quickly!