Applying I-130 within 1-2 weeks as visitor

Z

zenship

Registered Users (C)
Hi

Will there be any problems if a US citizen applies I-130 & I-485 for visiting spouse within the first couple of weeks as visitor? The I-94 is stamped for only 4-weeks. Does anyone know of cases like this?

The K-3 process seems to take too long too. Is there any other safe shortcut?

Thanks in advance.
 
It will be a big problem because when you got your Vistor Visa(Non-Immigrant) you state in the application under oath that you don't have any intention of staying permanently in USA. Consult an Attorney before you file.
 
WARNING!! If you come to the US under B1/B2 visitor visa with intent to immediatly marry a USC and file for residency, you will be placed in removal "deportation" proceedings at some point after filing for adj of status. Rather use this visit to the US as evidance to show how commited your relationship is and just go thru the traditional way of getting a K-3.
 
zenship said:
Hi

Will there be any problems if a US citizen applies I-130 & I-485 for visiting spouse within the first couple of weeks as visitor? The I-94 is stamped for only 4-weeks. Does anyone know of cases like this?

The K-3 process seems to take too long too. Is there any other safe shortcut?

Thanks in advance.
Click to expand...

a visiting spouse? This clearly proves that the intention to immigrate existed when a non-immigrant visa was applied for. You need to consult an attorney.
 
zenship said:
Hi

Will there be any problems if a US citizen applies I-130 & I-485 for visiting spouse within the first couple of weeks as visitor? The I-94 is stamped for only 4-weeks. Does anyone know of cases like this?

The K-3 process seems to take too long too. Is there any other safe shortcut?

Thanks in advance.
Click to expand...

Hi:

Sigh. What you are wanting to do is illegal. Of course CP/K3 takes long, but it takes long for EVERYONE who goes that route. What makes you think that you are entitled to a shortcut? Pursuing your current course can land you in a very problematic situation. CP and/or K3 is the only legal way in your situation.
 
My wife's 10 years B2 visa was issued 4 years ago. I was working in Mexico (I have dual citizenship) and when we applied for the visa we didn't expect to come to the US to live here. We had visited USA several times as tourists for 1 week or weekend at a time.
About 8 months ago I was fired from my job. I couldn't find any decent job in Mexico, so I looked for one in the US and got a great oportunity. So my wife and I came to the US, she came as a visitor.
The thing is, when she applied for her B2 visa, she had no intention to immigrate. 3 1/2 years later, just after I was laid off, we visited a relative in San Antonio, Tx and then went back to Mexico. Although we already knew that I was going to start a job in the US in the next month, when the immigration officer asked the purpose of our trip, we told him we were going to visit a relative (which was true and we did get back to Mexico after that visit) and he issued an I-94 valid for 6 months.
He did not ask us if she had plans to migrate, and we were never under oath.
I just sent the I-130 and I-485. Do you think we will have problems?
 
Your wife's immigration intent when she was issued the visa is not the issue. It was if she had immigration intent the last time she entered the country. By entering the county on a visitor's visa and filing I-130/I-485 you will set off red flags at USCIS and will have some explaining to do. If your wife intended to stay in the country when she last entered, that's visa fraud and is a reason for denial of AOS and deportation. I would advise talking to a lawyer.
 
PS. Just because the immigration officer didn't ask you, doesn't make it OK. Immigration is a benefit, not a right, so you can't use that in your defense.
 
He asked us the purpose of the trip. We told him that we wanted to visit a relative. That was true. We visited my sister and then returned back to Mexico.
Two weeks later we went to the US and have been here since.
 
Drop it...or pain ahead...

Don,

It is illegal what you are trying to you. I wouldn't advise you to seek counsel of an attorney, because attorneys don't write USCIS policies, and this policy is simple and straightforward. :cool: Non-immigrant visa are issued for that sole purpose, for non-immigrants, but some people have cleary abused this visa.

Your spouse's sudden change of heart is going to fail the smell test with USCIS. ;) So, just go through the CP and be done, and avoid pain and suffering which you are certainly going to experience with USCIS. :rolleyes: An attorney can be of help, but in dealing with visa fraud, I wonder :confused:

If you asked about your immigration intent, you don't need to be under oath to be truthful. So, don't be technical with USCIS, they wield more power than your average bureaucracy.... :( Especially the power to ruin your family's life, and don't feel any remorse about it.... Remember, you will be an accomplice in this wreck which is about to fall on your family..
 
Get of your high horse...

zenship said:
Hi

Will there be any problems if a US citizen applies I-130 & I-485 for visiting spouse within the first couple of weeks as visitor? The I-94 is stamped for only 4-weeks. Does anyone know of cases like this?

The K-3 process seems to take too long too. Is there any other safe shortcut?

Thanks in advance.
Click to expand...

Zen,

Get off your high horse. :rolleyes: You can't have a shortcut when it suits your needs, so unless you want your spouse's gc application to be denied and deported, your spouse needs to leave the US on or before the expiry of I-94. If CP takes too long, it is for a good reason.. :D

You aren't entitled to any short cuts, so are the rest of applicants for spouse visa... :eek: If you continue in your quest to try to adjust status in the US, for this I can assure you, you will be back in this board asking for help on eve of your spouse's deportation. :(
 
What should I do now?

I already filed I-130 and I-485. My intention was never to be fraudulent or dishonest.

When checking uscis.gov, I found the following in M-555 (05/05) I Am a U.S. Citizen... How Do I... Help My Relative become a Permanent Resident of the United States?
"Can my relative wait in the United States until becoming a permanen resident?
Your approved relative's petition gives you relative a place in line among those waiting to immigrate. It does not let him/her come to the U.S. or remain here until he/she can apply for permanent residence. He/she should wait outside the U.S. to immigrate legally. If he/she comes or stays without legal status, it will affect his/her eligibility to become a permanent resident when his/her place in line for a visa is reached. However, if your husband or wife, unmarried child under 21, or parent is already in the U.S. after having entered legally (and in certain other circumstances), and applies for permanent residence when you file your petition, then he/she may, with certain exceptions, remain in the U.S. while we process their application for permanent residence."
Based on this, I filed the I-130 and I-485. Would this mean that we are under "certain exceptions"? She did enter legally, and I did not see anything regarding that you can not apply with a tourist visa.
 
You can only adjust status from a tourist visa if it was not your intention to immigrate when you came here. Filing for AOS 2 weeks after arriving is a big red flag that you had intention. It is up to you to prove to USCIS your wife didn't have intent.

Please note, "intent" has got nothing to do whether you thought you weren't breaking the law: Ignorance of the law is no excuse.
 
Can't find anything prohibiting AoS on a B2 visa

This is from uscis.gov:

You may be ineligible for adjustment to permanent resident status if:

You entered the U.S. while you were in transit to another country without obtaining a visa.


You entered the U.S. while you were a nonimmigrant crewman.


You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.


You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:


You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).


Certain foreign medical graduates, international organization employees and family members.


You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.


You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.


You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)


You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)


You are already a conditional permanent resident.


You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.
There may be other reasons that you are ineligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.

I can not find anything regarding B2 visa. Somebody mentioned that "this policy is simple and straightforward". Can somebody please point me in the right direction on where to find that you can not get the AoS on a B2 visa?
 
Yes, and denial is just a river in Egypt.

You should listen to what people in this thread are saying, there's a lot of people here who know a lot about USCIS and the immigration system. Look, you might get a away with what you've done. All we're saying is that you should talk to an attorney so if USCIS do catch it, you're prepared.
 
Don...

Don,

You are free to go on and challenge USCIS and tell them their policies are wrong, immoral and unfair. What we are telling you is simple: what you and spouse did was, still is, and will be in the future: be illegal. :rolleyes:As such, you ought to prepare yourself for high-level comfrontation with USCIS. :(

You can find some solace in the language of USCIS policies as you seems to have found that it support your actions. ;) Don, you should proceed with your immigration process as you deem appropriate and wait for USCIS to put you in a meat grinder... :eek:

You are going to be toasted by USCIS... I can assure you that much... :eek:
 
Don Galleto:

I assume you are directing our attention to the following phrases you quoted in your earlier post:

"You may be ineligible for adjustment to permanent resident status if:
You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)"

You are correct in stating that the website you quoted, and in particular the quote above, does not address the B2 visa in particular. However, note two things:
1. Just because the website did not mention it, does not mean it is not part
of US statutory law or agency regulations. Websites such as the one you
quoted merely attempt to summarize the relevant primary sources.
2. For the purposes of this discussion, rules applying to B2 and VWP are very
similar, as it deals with the same question of immigrant or nonimmigrant
intent upon entry.

A person may not enter the US on a nonimmigrant status (whether it be VWP, B2, F1 etc.), with the intent to immigrate on that trip. The law looks to objective manifestations of intent, i.e. filing for AOS a couple weeks after arriving on a nonimmigrant visa will likely indicate immigrant intent during the last entry. Each case is different and turns on its own facts, but you should prepare yourself for a possibility of denial and hassles if you pursue your course of action, which is illegal (since you clearly admitted to us that you had immigrant intent during your last entry).

Note the language in the quote above, "this rule does not apply if you are the immediate relative of a U.S. Citizen..." Be careful in construing this rule out of context. What it says, is that a person travelling on the VWP is not barred from filing AOS (like he or she normally would be) if he/she is an immediate relative. However, this statement presumes that the person entered on nonimmigrant intent, and then legitimately changed intent
later.

What is a legitimate change of intent? This question really turns on the facts, but filing AOS very soon after entry definitely does NOT indicate a legitimate change of intent.
 
Don

Back in Nov 2006 I was detained by ICE over F1 Student visa violation "not taking enough credit load for fall 2006", I was sent to an immigration detention center in Haskell, TX (30days later I bonded out) where i met a guy from canada who was in removal proceedings for doing the exact same thing that you are doing. His intentions was not to be dishonest. The way you are going about it is not wise and your spouce at some point may be served with an NTA-notice to appear or picked up by ICE. This may most likely happen to you at the point when Immigration Services reviews your application dates and timelines and flags your aplication causing further inquiries into your application. They may ask you for specific supporting evidance and failure to respond in a timely manner will cause your case 2b transfered to the Immigration courts whereby you will need to explain to the immigration judge what you are tryin to do. It cost my family $5000.00 in legal fees nonrefundable and $20 000 100% refundable bond. I was given a relief to stay and time to finish with my GC application by the immigration judge as I had a strong solid case. My best advice to you is that you need to start gathering evidance to show that your relationship is bona fide, most importantly have evidance to support your claim that you were together b4 you filed the I-130 & 485. Start saving up for legal fees and emotional turmoil because if your petition is xnfered to immigration courts ONLY the Judge can grant her residency and not immigratoin services. So good luck :) hope 4 the best
 
zenship said:
Will there be any problems if a US citizen applies I-130 & I-485 for visiting spouse within the first couple of weeks as visitor?
Click to expand...

From the earlier replies I see lot of negative impact on this.
Will it be a problem if I apply AOS for my visiting parents (Visitor visa) ?
(with in a month of their arrival)
 
anilrj said:
From the earlier replies I see lot of negative impact on this.
Will it be a problem if I apply AOS for my visiting parents (Visitor visa) ?
(with in a month of their arrival)
Click to expand...

Hi:

There is a good chance that you may have problems, unless you can prove that there was a good reason they changed their intent after one month. It would be hard to prove. Why did you not file CP for them?

You may slip through the cracks - many people have successfully adjusted. However, it is illegal and there is always a chance that you will be rejected.
 
You must log in or register to reply here.
Top