if asked ' why AOS now after entered with B2 as visitor to GC as permanent residence?'

S

Saburu

New Member
if the AOS applicant has no PCI (pre-conceived Intent) to stay permanent when entering - just visiting and touring, why then apply for GC after entering now for 3 months? Can the B2 (10 years and 6 months each entry) visitor really say no PCI then but now changed the decision after entering?
How best to answer such a question? please comment freely.
 
First of all, if this is in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen), pre-conceived intent is irrelevant for AOS. Even if there was pre-conceived intent to immigrate at entry, AOS cannot be denied for that reason alone. So in this case, unless the immigrant explicitly told the officer at entry that they did not intend to immigrate, I don't think there is necessarily a need to claim or explain no pre-conceived intent.

For other categories, it's not very clear how much of an issue pre-conceived intent is at the AOS stage (again, unless the immigrant explicitly told the officer at entry that they did not intend to immigrate).
 
Thanks newacct. I am bit surprise that AOS is irrelvant of PCI.
Many articles point to the need of the AOS applicant to proof no PCI at entry on Visa (B1/B2), if PCI is established then AOS application can be denied?
However they allow B1/B2 visa holder to file AOS whilst the applicant is already inside USA, this points to 2 things - 1) they do allow B1/B2 applicants to change their mind during their stay here, 2) that the petitioner USC spouse with a USC child are already living here when the visiting applicant (spouse) file for AOS certainly point to PCI to join with family even before entry, thereby technically ground for denial.
This is ambiguous and I wonder what good answers to give when asked at the AOS interview?
The couple has been married over 20 years, is this PCI a concern for the AOS application?
Thanks
 
Saburu said:
Thanks newacct. I am bit surprise that AOS is irrelvant of PCI.
Many articles point to the need of the AOS applicant to proof no PCI at entry on Visa (B1/B2), if PCI is established then AOS application can be denied?
However they allow B1/B2 visa holder to file AOS whilst the applicant is already inside USA, this points to 2 things - 1) they do allow B1/B2 applicants to change their mind during their stay here, 2) that the petitioner USC spouse with a USC child are already living here when the visiting applicant (spouse) file for AOS certainly point to PCI to join with family even before entry, thereby technically ground for denial.
This is ambiguous and I wonder what good answers to give when asked at the AOS interview?
The couple has been married over 20 years, is this PCI a concern for the AOS application?
Thanks
Click to expand...

The good answers to give is the truthful answer.
 
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