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Author Topic: How to proceed?  (Read 24317 times)

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Offline jone

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Re: How to proceed?
« Reply #50 on: May 30, 2015, 10:07:19 AM »
Visitor's Visa?  Never heard of it! 

Unless the general category over tourist visas. 

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).

Those of us who have had to deal with visa issues know that you cannot stay permanently here on a tourist visa.

But there is something you said that possibly would give credibility to her staying here:  Her father is a US citizen. 

She may have been a lawyer, in Russia, but that is not the same as being an attorney here in the US.  It is much different.

Thank you for coming back here and updating us.


Kissing girls is a goodness.  It beats the hell out of card games.  - Robert Heinlein

Offline LAman

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Re: How to proceed?
« Reply #51 on: May 30, 2015, 10:13:35 AM »
Visitor's Visa?  Never heard of it! 

Unless the general category over tourist visas. 

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).

Those of us who have had to deal with visa issues know that you cannot stay permanently here on a tourist visa.

But there is something you said that possibly would give credibility to her staying here:  Her father is a US citizen. 

She may have been a lawyer, in Russia, but that is not the same as being an attorney here in the US.  It is much different.

Thank you for coming back here and updating us.

Still scratching my head how someone on a tourist visa can bring their kids to USA with them.....that reeks immigrating.......

You can change your status here in US from tourist visa to ??.... read this one time, not sure if the person married.
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Offline calmissile

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Re: How to proceed?
« Reply #52 on: May 30, 2015, 10:28:13 AM »
Based upon what the OP wrote, it appears that she overstayed her tourist visa.  It also appears that she has applied for an Adjustment of Status to gain permanent residency.

During the period of time her AOS is being reviewed,  she can legally stay in the USA.  However, until she received a work permit and travel permit, she cannot work and should not leave the USA until her green card is issued.    If she were to travel out of the US during this limbo period, her application for a green card will be considered abandoned and she probably cannot be readmitted. 

It can take some years for the AOS to be processed and approved or denied, depending on the circumstances of her situation. 

Being married might speed up her green card, however it is not a requirement.  Perhaps her motives are legit,  it's hard to know for sure.  Perhaps he should continue the relationship, but use common sense and not commit to a marriage  any sooner that he would for a native US citizen.



Doug (Calmissile)

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Re: How to proceed?
« Reply #53 on: May 30, 2015, 10:31:05 AM »
We spoke yesterday.  I'm not familiar enough with US immigration law to know precisely what questions to ask, but here's some hopefully useful information:

-She got here two years ago on a visitor's visa.

-She has filled out all the forms and written all the checks to the State Department toward her residency, and is now just waiting; she figures about two years to get a green card

-Her status is, as she explains it, 100 percent legal and that she's in no danger of being deported

-Her father and half-sister are both US citizens

-Her ex-husband (and her kids' father) is back in Russia  He is a businessman of some sort, and seemingly successful, as he sends her a few thousand dollars every month for the kids

-She was an attorney back in Russia

-Her children are *very* nice, which I choose to believe is a reflection on her.  I really like them and they really like me.  My daughter, as you might imagine, is a little cool toward them.

-I know I'm jaded, but in terms of her appearance, she's absolutely stunning; strange women have approached us while we were together to tell her how pretty she is.  I'm an attractive guy, so I know what life is like with a beautiful woman, but this was new to me.  Point is, if it was strictly about marriage ----> green card -----> dumpage, she'd have had no trouble whatsoever finding an older rich guy on whom to work her wiles.  I have a good career, but I am not rich. 

Hopefully that's some useful information.  If you wanna know more, ask.  Feel free to PM me as well.  This outpouring of advice has taken me by surprise, and believe me when I say it means a lot to me, regardless of which way you're pointing me.  I apologize for not having been around; it's been a crazy week.  I promise to stay engaged in the discussion and to keep you good folks apprised.

-Karl

There is nothing you've written that would indicate to me that she is pursuing you for anything other than a relationship. Doesn't mean she doesn't have ulterior motives just nothing you've written would indicate it. As I stated earlier, she doesn't need you for a green card and if she is currently in status, there's nothing you can help her with to get one. Forget that as her motive. Also, she's versed in law and likely knows what she's doing far more than you.

The behavior and question of your daughter is something different entirely but, it does sound that if you are being manipulated it's by your daughter instead of the RW. I was a single parent with 2 kids so I can relate to your dilemma. Before they went off to college I came close to remarrying but each time chose not to. I didn't pursue my current wife until they had both left home. I think both of my kids would have adjusted fine to a new woman in the house although one of them, they were not to warm with.

IMHO, your question and nobody here can answer it for you is the question of your daughter. Will you allow her manipulation to interfere with your possible happiness. She has that right and she is a product of your upbringing. Sometimes a father is doing more good for the kid by telling them no and teaching them that they don't always get their way.  You know better what she needs. Food for thought

Offline calmissile

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Re: How to proceed?
« Reply #54 on: May 30, 2015, 10:35:12 AM »
Still scratching my head how someone on a tourist visa can bring their kids to USA with them.....that reeks immigrating.......

You can change your status here in US from tourist visa to ??.... read this one time, not sure if the person married.

Yes you can convert a Tourist Visa to a green card however it is discouraged.  The key is that you did not commit fraud by intending to immigrate when you came on a tourist visa.  It happens all the time.  In fact, my wife and step-daughter are in the process of doing an AOS right now.

Yes, you can bring kids to the USA on a tourist visa.  That is how my step-daughter was admitted.  Both are doing an AOS.

If you want an idea how common this is check out the cases on this web site....

http://www.trackitt.com/usa-immigration-trackers

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Re: How to proceed?
« Reply #55 on: May 30, 2015, 10:36:06 AM »
Based upon what the OP wrote, it appears that she overstayed her tourist visa.  It also appears that she has applied for an Adjustment of Status to gain permanent residency.

During the period of time her AOS is being reviewed,  she can legally stay in the USA.  However, until she received a work permit and travel permit, she cannot work and should not leave the USA until her green card is issued.    If she were to travel out of the US during this limbo period, her application for a green card will be considered abandoned and she probably cannot be readmitted. 

It can take some years for the AOS to be processed and approved or denied, depending on the circumstances of her situation. 

Being married might speed up her green card, however it is not a requirement.  Perhaps her motives are legit,  it's hard to know for sure.  Perhaps he should continue the relationship, but use common sense and not commit to a marriage  any sooner that he would for a native US citizen.

It's highly unlikely she'll be denied. With family already here and citizens she has an excellent case. Although she would likely be approved without them. She's educated, has support and met the requirements for a visitors

Offline calmissile

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Re: How to proceed?
« Reply #56 on: May 30, 2015, 10:38:07 AM »
It's highly unlikely she'll be denied. With family already here and citizens she has an excellent case. Although she would likely be approved without them. She's educated, has support and met the requirements for a visitors

Agree
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Offline jone

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Re: How to proceed?
« Reply #57 on: May 30, 2015, 10:45:36 AM »
I agree with both of you.  She will probably obtain permanent status without needing his participation.  That is why I clued in on the Father being a citizen.

But I still don't think he ever got the whole answer.  If anything it was a lawyer's dodge.  Visitor's Visa.  She knew exactly what she was saying.......

Or our OP didn't quite know the questions to ask. 
Kissing girls is a goodness.  It beats the hell out of card games.  - Robert Heinlein

Offline jone

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Re: How to proceed?
« Reply #58 on: May 30, 2015, 10:50:23 AM »
Still scratching my head how someone on a tourist visa can bring their kids to USA with them.....that reeks immigrating.......

You can change your status here in US from tourist visa to ??.... read this one time, not sure if the person married.

It is much easier than you think if a spouse remains in Russia.  Especially if grandparent(s) are US citizens.
Kissing girls is a goodness.  It beats the hell out of card games.  - Robert Heinlein

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Re: How to proceed?
« Reply #59 on: May 30, 2015, 10:53:44 AM »
It sounds like she is here on a 3 year visitors visa. She got here, sometime later decided to apply to change her status. It's not really complicated. Once in country it's not amounting to much more than paying the fees

Offline calmissile

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Re: How to proceed?
« Reply #60 on: May 30, 2015, 11:03:53 AM »
It sounds like she is here on a 3 year visitors visa. She got here, sometime later decided to apply to change her status. It's not really complicated. Once in country it's not amounting to much more than paying the fees

One small correction.  She and her children might even have a 10 year/ multi-entry tourist visa.  It does not mean that you can remain beyond the specific approved period that is entered on your I-94 for each visit. It is unusual for individual visits to be granted more than 6 months on a tourist visa.  Once you overstay the departure date on your I-94, you are out of status and therefore illegal.

As you correctly stated, as soon as USCIS cashes your check and issues an "A" number for an AOS, you are no longer Out of Status (Illegal) and can legally stay in the USA until a decision is made on the AOS.  Of course, you cannot work or get a SSN during the limbo period.

In California, the limbo period creates another problem.  Your drivers license expiration date is tied to the departure date on the I-94 and there is no way to renew or extend it during the period the AOS is in limbo.
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Offline LAman

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Re: How to proceed?
« Reply #61 on: May 30, 2015, 11:18:38 AM »
It is much easier than you think if a spouse remains in Russia.  Especially if grandparent(s) are US citizens.

It could easily been ascertained there was 'intent' on staying in USA from these visa's given to a family. What ties could there have been to go back to Russia?

BTW- it was not a spouse, they were divorced, yes?

Could there have been some $$/arm twisting to get visa's? Interesting to know what actually happened!!!
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Offline LAman

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Re: How to proceed?
« Reply #62 on: May 30, 2015, 11:33:05 AM »
One small correction.  She and her children might even have a 10 year/ multi-entry tourist visa.  It does not mean that you can remain beyond the specific approved period that is entered on your I-94 for each visit. It is unusual for individual visits to be granted more than 6 months on a tourist visa. Once you overstay the departure date on your I-94, you are out of status and therefore illegal.

 .

It is quite easy to get another 6 month extension but I thought on tourist visa's it was maximum 1 year before you have to go back to your country. How does this affect current topic's info???
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Offline Karl Hungus

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Re: How to proceed?
« Reply #63 on: May 30, 2015, 12:13:11 PM »
Yes you can convert a Tourist Visa to a green card however it is discouraged.  The key is that you did not commit fraud by intending to immigrate when you came on a tourist visa.  It happens all the time.  In fact, my wife and step-daughter are in the process of doing an AOS right now.

Yes, you can bring kids to the USA on a tourist visa.  That is how my step-daughter was admitted.  Both are doing an AOS.


That sounds about right then.  Her visa does not allow her to work or study, that much I know, so I guess that narrows it down to a tourist visa?

Offline Karl Hungus

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Re: How to proceed?
« Reply #64 on: May 30, 2015, 12:15:18 PM »
It's highly unlikely she'll be denied. With family already here and citizens she has an excellent case. Although she would likely be approved without them. She's educated, has support and met the requirements for a visitors

That's what she seems to indicate.  She has expressed really no concern at all that she'll gain status.  She did mention that neither she nor the kids can leave the US until she gains said status, lest she not be readmitted, but she also said there's a waiver of some sort that will allow international travel while she's waiting on her green card.

Offline Karl Hungus

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Re: How to proceed?
« Reply #65 on: May 30, 2015, 12:17:57 PM »
It sounds like she is here on a 3 year visitors visa. She got here, sometime later decided to apply to change her status. It's not really complicated. Once in country it's not amounting to much more than paying the fees


That sounds about right.  She's chucked out a bunch of money toward her status, and is now just waiting.

Offline LAman

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Re: How to proceed?
« Reply #66 on: May 30, 2015, 12:26:51 PM »

That sounds about right.  She's chucked out a bunch of money toward her status, and is now just waiting.

Visitors visa( tourist) are from 3 months to 10 years..... different than what states on I-94 when you enter USA.

Something must have happened during initial entry that got her into her current 'status'....that is 2-3 years ago.
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Offline LAman

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Re: How to proceed?
« Reply #67 on: May 30, 2015, 12:39:07 PM »
To give real example, a single girl I knew from Moldova(with a child) secured a tourist visa( how, I haven't the faintest), for 10 years. While here, she(we) were looking for ways for her to stay longer. Her I-94 was for 3 months, she asked for an extension and it was granted 6 months, during this time I lost track of her. She did end up going back home but returned <one year. She did get married and recently got divorced. I always knew she was intent on living in USA and of course....her child is with her.
During our research, we did find examples of persons changing AOS to stay longer......I don't remember how...now. It wasn't big bucks involved.
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Offline calmissile

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Re: How to proceed?
« Reply #68 on: May 30, 2015, 02:23:10 PM »
It is quite easy to get another 6 month extension but I thought on tourist visa's it was maximum 1 year before you have to go back to your country. How does this affect current topic's info???

A couple issues...

Yes, you can get and extension on a tourist visa in some circumstances if you apply when you are in status (not overstayed the departure date).

Once you have overstayed your departure date, they will not give an extension and you have to leave the country.  Re-entry after you have overstayed is not automatic that it will be approved.  USCIS  seemingly wants to punish those that overstay their departure dates. It is not clear cut what 'penalties' will be applied and seem to be on a case by case basis.

However, note that if you have overstayed your departure date or visa expired, you can apply for permanent residency via the AOS process, and you can stay until it is decided.

It is important to note that you cannot get a visa extension once you have applied for an AOS.  Nevertheless, the AOS allows someone to stay in the USA until a decision is made on the AOS.

The most common applications for green cards for most of us fit into 3 categories and there are advantages and disadvantages to each of them.

1.  Filing for a Fiance visa.  Fiance usually stays in foreign country until visa is approved.  Then fiance can come to USA and has 3 months to get married.  After marriage, applies for green card and permanent residence.   Note: We found it difficult for future wife to get tourist visa prior to marriage.  Denied the first attempt.  Only approved after marriage in Ukraine.

2.  Spousal Visa.  For cases where you have married already and your wife resides in a foreign country.  It is not very clear in the immigration documents, but there seems to be a preference to those that are already married.  I believe it is categorized under something called a Family Unification or words to that affect.

3.  Adjustment of Status.  This is for cases where the applicant for a green card is already physically in the USA.  You might be already married, a student that is here on a student visa, someone on a work visa, etc.  Again, it appears that if you are already married, there is less hassle getting approved.

If you are married and doing an AOS, the husband sponsors the wife as a Foreign Immediate Relative and you apply with a form I-130.  One of the most popular methods today for a married couple to do an AOS, is when the wife is already here (even on a tourist visa) to apply for everything at once.

I-130  Petition for Foreign Immediate Relative  (also for step-children of wife).
I-485  Application for Adjustment of Status - from present visa to Green Card
I-131  Application for Travel Document - Allows the applicant to leave the USA temporarily without being considered out of status.
I-765  Application or Employment Authorization - Allows the applicant to get a SSN and legally work while the AOS is being processed.
G-1145  Email notification of AOS status

This is oversimplified as there are many more documents required that deal with family history, financial docs, divorce docs, etc.    The advantages are obvious to those that find this method their best option.  Your wife and children can be in the USA while all the processing is going on, which can take months to years.  In addition, while you are living together as a married family, there is no doubt less trouble convincing immigration that it is not a sham marriage.  With joint bank accounts, the kids in school, wife's drivers license, etc. it is pretty clear that the 'Family Unification' is a good thing for both the family and intent of the immigration policies. 


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Re: How to proceed?
« Reply #69 on: May 30, 2015, 02:35:18 PM »
That's what she seems to indicate.  She has expressed really no concern at all that she'll gain status.  She did mention that neither she nor the kids can leave the US until she gains said status, lest she not be readmitted, but she also said there's a waiver of some sort that will allow international travel while she's waiting on her green card.

It's called an Advanced Parole. She can apply for that if she has applied and waiting for Adjustment of Status and get it without much fanfare. My wife traveled on it once before she got her 2 year green card. She didn't have any issues but, I have heard stories of where folks did. Usually a result of all the paperwork not being strictly in order.

It's always risky for her to leave the country while her AOS is pending. If she happened to lose her AP document while out of the country she would be SOL (shit out of luck)

Visitors visa( tourist) are from 3 months to 10 years..... different than what states on I-94 when you enter USA.

Something must have happened during initial entry that got her into her current 'status'....that is 2-3 years ago.


There's a whole host of reasons and exceptions that one can apply for change of status while here on a tourist visa. It's one reason why they use to be so difficult to get a tourist visa. Once they are in country, feet on the ground it's looked at much differently. The process is generally much longer to approval

Offline calmissile

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Re: How to proceed?
« Reply #70 on: May 30, 2015, 03:48:07 PM »
A better link for tracking all family based visa applications....

http://www.trackitt.com/usa-immigration-trackers/family-based

A link to track concurrent I-130/I-485 applications

http://www.trackitt.com/usa-immigration-trackers/i130-i485
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Re: How to proceed?
« Reply #71 on: May 30, 2015, 05:39:09 PM »
It is unusual for individual visits to be granted more than 6 months on a tourist visa. 



Border patrol can give up to a year on a tourist visa without the visa holder having to leave the country but 6 months is usually the time they grant.


Karl, the lady is not using you for a visa. If she's doing the proper paperwork and paying her fees and our government has not told her to leave, she is doing nothing illegal. If you like her, ask her what you can do to help with her AOS.
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Re: How to proceed?
« Reply #72 on: May 30, 2015, 05:49:16 PM »
I disagree with many of you.

It is unlikely that a person can come into USA on a tourist visa . . . and then AOS to stay here . . . except when certain conditions are met.

The main one is . . . you marry a USA citizen.
There are other routes, mostly related to asylum issues, etc.

Having a father here as citizen does not help.

A USA citizen can help parents come to USA, but cannot help children above a certain age, or children who are married.

Sure, anyone can try AOS just like anyone can fill out paper work in their home country at USA embassies abroad to request permission to immigrate to USA.  But there are long waiting lists and most are denied anyway.

Everyone needs to review the instructions for Form 485, particularly Part 2, Application Type.

Surely the readers here know that when a foreigner here in USA on a tourist or student visa marries a USA citizen and then petitions for AOS . . . there is much evidence that must be produced to try to convince that there is a valid marriage.

Now you are thinking that although a person who marries a USA citizen has to prove a valid marriage for a chance to stay here . . . and yet another person is not married at all to a USA citizen and they have a chance of gaining AOS??????
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Offline BillyB

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Re: How to proceed?
« Reply #73 on: May 30, 2015, 05:59:59 PM »

It is unlikely that a person can come into USA on a tourist visa . . . and then AOS to stay here . . . except when certain conditions are met.



I've dated lots of FSU women in the states on just about every kind of visa there is. Some have become legal here after coming here on a tourist visa. They told me stories. My wife's friend has a mother that came here on a tourist visa and easily became legal. It really isn't that hard. Maybe we at the forum don't know the exact procedure to get this done but it can be done legally.
Fund the audits, spread the word and educate people, write your politicians and other elected officials. Stay active in the fight to save our country. Over 220 generals and admirals say we are in a fight for our survival like no other time since 1776.

Offline calmissile

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Re: How to proceed?
« Reply #74 on: May 30, 2015, 10:32:18 PM »

I've dated lots of FSU women in the states on just about every kind of visa there is. Some have become legal here after coming here on a tourist visa. They told me stories. My wife's friend has a mother that came here on a tourist visa and easily became legal. It really isn't that hard. Maybe we at the forum don't know the exact procedure to get this done but it can be done legally.

Yes that is part of the problem.  We tend to read what's on the government web site, take it literally, and then play amateur lawyer to interpret it.  IIRC, on this forum there were many that argued that you cannot get a green card after arriving on a tourist visa, and go on to indicate that fraud is being committed, etc.  In the past, there was a lot of fraud to get immigrants into the country at any cost.  There were visa mills that brought thousands of foreigners into the country under any excuse possible, including fake marriages.  As part of the fallout, it made life difficult for those legitimate couples to allow a fiance to visit the country before getting married.  IMO, immigration is much more concerned about fake relationships than they are about preventing legitimate couples from uniting and the fiance immigrating.  Part of the evidence of this, is the large amount of proof and documentation that is required now to prove the relationship is legitimate in order to get a fiance visa.

IMO, immigration has deliberately made the laws somewhat ambiguous.  The discretion of issuing a visa is left up to the interviewer and those reviewing the applications.  It allows the State Department to change policies on immigration without having to implement them in changes to the laws.  If the visa regulations and requirements were detailed in black and white, then anyone meeting the specific requirements would have to be allowed to enter the USA.  This way immigration can control the number of immigrants and they do not have to worry about appeals and lawsuits for someone being denied.  It is just my opinion of why it is the way it is.  In some minds, it is not fair and I cannot argue that.  But, it is what it is.

There also appears to be a large difference in how immigration views married couples, vs. engaged couples when applying for a tourist visa.  Engaged couples often have a difficult time getting a tourist visa for their fiance.  For example, my fiance was denied a tourist visa before we were married (as well as nearly everyone else in the room).  After getting married and explaining that I was waiting outside in the car, her tourist visa was expedited.  One could claim that it was an isolated case, however speaking to others it appears to us to be common.

Here is more food for thought....   You would think that a married spouse applying for a tourist visa would be a very high risk of immigrating while in the USA.  By that logic, you would think that a married spouse would not be granted a tourist visa.  You would also think that in cases where they are granted tourist visas, they would be prohibited from adjusting status when in the USA.   Quite the opposite is true. Not only are the tourist visas easier to get, but the AOS process seems to go smoothly for most couples.  The links I provided gives ample evidence that many people in the USA on temporary visas are converting to green cards on a regular basis.  The preference to grant tourist visas to married applicants does not appear to be codified in immigration law.  It appears to be part of the flexibility that immigration has to make decisions without having to deal with black and white rules.

My wife and daughter were granted 10 year/multi-entry tourist visas.  It should be intuitively obvious that they would plan to immigrate at some point.  I was not aware of the AOS process to any detail when they arrived here.  We had planned to apply for a spousal visa (CR-1, CR-2) while they were here.  They had departure dates on their form I-94, 6 months from their arrival date. They also have round trip tickets as they had originally planned to return and wait for the spousal visa.  Once learning about the AOS process, it is a different world.  The concurrent filing of Immigration/Adjustment of Status/Work Authorization/Travel Permit is a process that appears to be a streamlined process to actually encourage 'family unification'.  Note:  You cannot apply for adjustment of status unless the foreign applicant is physically in the US at the time.

I cannot rationalize the apparent large differences in immigration policies between applying from a foreign country and those already on US soil.  In any case, it is what it is and complying with the regulations is of great importance.  In my opinion, being married prior to application, and not overstaying any visa are the important considerations.  There are still many K-1 and CR-1 visas being approved and the traditional way of doing this is the still the most common method.

Lastly, although I have a disdain for lawyers in general, they are still doing an enormous business getting immigration visas for foreigners.  I have personally spoken to local immigrants about how they immigrated and learned that many of them paid $10K - $20K for the immigration process.  If this were as simple as reading the web site requirements and filling out the forms correctly, you would think that they could figure this out themselves and avoid these fees.  Obviously there is more to the story than what is obvious.  On one lawyers web site, I recently read that lawyers are less constrained by what the regulations indicate to us unwashed, but instead have the history of what works rather than common interpretations of the written regulations.  I suppose this is true of much practice of law in the USA.  I also suspect that immigration is not so dense as to allow the lawyers to pull the wool over their eyes.  It would seem that the lawyers find 'legal' processes that work and that is why they can command the large fees for success.

I do not want to imply or recommend doing an AOS rather than the conventional Fiance Visa or Spousal Visa.  Circumstances and requirements are different for each of us.  The traditional K-1/CR-1 visas are the most documented and may well be the best option for the largest number of members.  Getting married outside the country and immigrating as a married spouse is just one of many, many ways to immigrate.



Doug (Calmissile)

 

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