My Russian Bride already here-on the wrong visa

[BillyB]

They use the term Family Member, but it is really only the spouse they are referring to.

It is clear they're talking about family members too, not just spouses. Explore those attorney sites and the extra links and they have the same  language in it you'll find at Immigration like the language below.

There are two main classes of relative petitions; “immediate relatives” and “preference relatives.” The difference between immediate relative petitions and preference relative petitions is that preference relatives must wait until their “priority date ” (see the visa bulletin for more details) is current before they can apply for an entry visa OR before they can apply for adjustment of status in cases where they are already lawfully in the United States.

Immediate Relatives are:
a) Spouses of US Citizens;
b) Children (single, under 21) of US Citizens; and
c) Parents of US Citizens (if the US Citizen is 21 and over).

Preference Relatives are:
a) First (FB1) – Unmarried sons and daughters (21 and over) of US Citizens;
b) Second A (FB2A) – Spouses and unmarried children of Lawful Permanent Residents
c) Second B (FB2B) – Unmarried sons and daughters of Lawful Permanent Residents
d) Third (FB3) – Married sons and daughters of US Citizens; and


http://www.peerallylaw.com/en/content/view/553

When my wife becomes a US citizen, she will AOS her mother when she's here as a tourist. Her mother will be classified as an immediate relative and doesn't need a priority date to AOS. Even non citizens can sponsor certain family members while they're here on a tourist visa but will have to get priority date. Notice the part that says "they can apply for adjustment of status in cases where they are already lawfully in the United States." There are many ways a relative can enter USA lawfully other than a family based visa. One way is by tourist visa and then AOS coupled with the proper steps can happen as long as they don't admit they intended to misuse the tourist visa.

We had this discussion before as you were gathering info for somebody. I gave you good info but you didn't believe me so I recommended you talk to an attorney to verify what I'm saying. It seems you did not do that.

[calmissile]

To the best of my recollection ML has the best and most accurate advice so far.  We got married in Ukraine, but as I recall it did not matter.  My wife came over on her multi-entry tourist visa and we did an AOS while she was here on her tourist visa.

The reason she is applying for an AOS........"To be with my husband".   

As I recall, after applying for an AOS, the person is in legal status until a determination is made on the application.  ML might correct me if I am wrong, but that is how I remembered it.  My wife could not work or get a social security number (or a drivers license in Calif) until the AOS was ruled upon.

From our saga of the immigration, the most difficult part was getting the tourist visa to get her feet on US soil (she was denied the first time she applied for a tourist visa and only a few % in the embassy were approved.  Getting an extension might be a good idea if her expiration date comes due before they cash the check for the AOS.   Once they cash the check, she is good to stay during the AOS process.  Just be aware of the restrictions she has in the mean time.

The AOS paperwork is daunting!  It will take a lot of concentration and getting clarification on a lot of issues, but you will have the same grief no matter what process you use.  If your fairly bright and have a lot of stamina, you can do it yourself.  You might want to use VisaJourney a lot.  Also, you might PM ML for specific questions.  He helped us with some of the questions we had difficulty with.

Good luck.

[odba]

You are totally wrong.  USCIS doesn't even bother with intent any more . . . unless the person screws up and blurts it out.

The must about the attorney is that . . . you must NOT use one.

You sound like my ex. But she is a lot prettier and an insufferable witch. I did say I hadn't dealt with them in 20 years. When I did, they frowned up on things like this even if married to a US citizen (hence my suggestion t use an attorney). I stand corrected.

[2tallbill]

Months ago I met a beautiful Russian woman in the US on a tourist visa. She is now my fiancee. Her visa will run out shortly before the wedding. Do I extend her tourist visa or apply for some kind of immigration status. help!

I didn't read what everyone else wrote. Marry her before her visa expires and apply
for an adjustment of status.

[Edit to add]
Join visa journey, read until your eyes bleed. You need to fully educate yourself on this.

[ML]

OK, now Billy you have changed the story, so you are partially correct.

But you are still partially wrong.

In our conversations of a few weeks or months ago, it seemed you were talking about a US citizen being able to AOS for his immigrant wife's parents, brothers, sisters, etc.

That is not possible.

A USA citizen can AOS for his/her spouse and her non-adult children and his/her parents.

So yes, after your wife becomes USA citizen, she can AOS for her parents.  But she is doing it as USA citizen; you are not doing it as USA citizen for a mother-in-law.

Thus for both your case and cases of others you know about; it has always been true that USA citizen can AOS for spouse and his/her non-adult children, and the USA citizen's parents (not parents-in-law).

So if that is what you are now referring to . . . then we are in agreement.

- - - - - -

But Billy, you are still obfuscating (knowingly or unknowingly) the case for persons other than spouse, non-adult children and parents of USA citizen.

First you correctly state:  "There are two main classes of relative petitions; “immediate relatives” and “preference relatives.” The difference between immediate relative petitions and preference relative petitions is that preference relatives must wait until their “priority date ” (see the visa bulletin for more details) is current before they can apply for an entry visa OR before they can apply for adjustment of status in cases where they are already lawfully in the United States."

The big catch here is "wait for their priority date" which is 10 or so years down the road.

Then, after knowing this, you cloud the issue again by saying:  "Notice the part that says "they can apply for adjustment of status in cases where they are already lawfully in the United States.""

Yes, of course.  If these preference relatives who are not spouse, non-adult children and parents of USA citizen happen to be in USA on a Tourist Visa (after they have waited 10 or more years to get their priority date), then they might be able to AOS.

So if your acquaintances are merely referring to this immediately above situation (preference relatives having priority date after waiting 10 or so years), then that is one thing.

But if they are claiming they were able to AOS for a preference relative without waiting the 10 or so years to get a priority date . . . then they are BSing you.

And if a USA citizen claims they were able to AOS for a mother-in-law or father-in-law . . . then they are BSing you.

[ML]

Doug and Big Bill; you are both correct in what you wrote with one small exception.

When USA citizen marries immigrant . . . most all visa violations by the immigrant are forgiven, but this doesn't include illegal entry without a visa.

So there is no need to marry before the visa expires and there is no need to get visa extension.

Yes, when visa expires, the person is out of status and subject to deportation if AOS has not been filed and accepted.

But the likelihood of getting picked up by immigration authorities is minuscule . . . except for persons looking like they don't belong who are in the 'hot-spot' border areas.

Immigration authorities are not going to look twice at any FSU gal (except admiringly), even if they do happen to be in the immediate vicinity of her.

And, even if a person is picked up with an expired visa, it is a long road to go through deportation hearings, etc. thus allowing for the marriage, AOS etc., up to the point that deportation is ordered.

Note this is different from case where person did not enter on any visa.

There have been several cases presented on Visa Journey where the immigrant had overstayed a valid visa by 10 or more years, and still was able to AOS after marriage to USA citizen.

[BillyB]

The big catch here is "wait for their priority date" which is 10 or so years down the road.

Then, after knowing this, you cloud the issue again by saying:  "Notice the part that says "they can apply for adjustment of status in cases where they are already lawfully in the United States.""

Yes, of course.  If these preference relatives who are not spouse, non-adult children and parents of USA citizen happen to be in USA on a Tourist Visa (after they have waited 10 or more years to get their priority date), then they might be able to AOS.

So if your acquaintances are merely referring to this immediately above situation (preference relatives having priority date after waiting 10 or so years), then that is one thing.

But if they are claiming they were able to AOS for a preference relative without waiting the 10 or so years to get a priority date . . . then they are BSing you.

And if a USA citizen claims they were able to AOS for a mother-in-law or father-in-law . . . then they are BSing you.

We went over this months ago. The 10 year wait is for people outside the country. Those relatives that entered America legally, then AOS go to the front of the line and get their documents quicker. Our government wants people already in this country to start living life and working. They can't collect tax money off paychecks if they allow those people to be deadbeats for the next 10 years.

There is no catch, there is no cloudiness. It's pretty simple stuff and the fastest way to legally AOS relatives, get them a work permit and green card.

[ML]

Billy, Billy, Billy . . . you are a lost cause I think, so this will be my last response.

Here is what you yourself posted:

There are two main classes of relative petitions; “immediate relatives” and “preference relatives.” The difference between immediate relative petitions and preference relative petitions is that preference relatives must wait until their “priority date ” (see the visa bulletin for more details) is current before they can apply for an entry visa OR before they can apply for adjustment of status in cases where they are already lawfully in the United States.


The preference relatives must have a current priority date, even when they are already in USA on tourist visa.  It takes 10 or more years to have a current priority date.

You posted this yourself . . . and then you deny later that it is true.

[tfcrew]

Overstay so that both of you have a warm body in the bed next to you (or on top of you) every night rather than being separated by an ocean and a continent.

If that 'reason' will fly with USCIS then fine. 18 years ago it didn't.

so this will be my last response.

We'll see. Two pages of advice to someone out of the blue. We don't know enough [or were we told enough about these people] to really know what they should do..
So, free advice is just that.

 
 

[BillyB]

The preference relatives must have a current priority date, even when they are already in USA on tourist visa.  It takes 10 or more years to have a current priority date.

My argument here and in our discussion months ago is citizens and legal permanent residents can AOS certain relatives if they can get here on a tourist or another visa. Citizens have more rights than permanent residents and some relatives will have an easier path but everybody in the list from the links I provided can AOS. Your argument was they can't. I'm glad I finally changed your mind.

In Odysseus case, he is marrying his woman that came on a tourist visa. He will have an easy path to take for AOS. When they have their interviews, they should not submit prior communications that give evidence she had the idea of marrying using a tourist visa. That would show intent to violate the intended use of the visa. They should make sure their story is straight before the interviews with immigration. Good story would be girl visits as a tourist, meets boy randomly and they fall in love.

[BillyB]

Months ago I met a beautiful Russian woman in the US on a tourist visa. She is now my fiancee. Her visa will run out shortly before the wedding. Do I extend her tourist visa or apply for some kind of immigration status. help!

Odysseus, just talked to someone who's currently doing the same thing you're doing and he hired an attorney. The attorney is asking him for letters written by witnesses testifying their love is real  and you two are happy together so it can be sent in with the AOS paperwork. You should gather your family members and friends letters to send in with wedding photos, proof of both names on assets and utility bills. While our government is processing the paperwork, she will be legally to stay here even if her tourist visa expires.

[BorisS]

ML is correct. Just make sure she doesn't leave the country until AOS is complete.

[alex330]

Listen to everything ML is telling you. That's exactly how it works. We have many friends here that have done the exact same thing. We even know a few that went this route on purpose to dodge the long K1 wait.

[odba]

Listen to everything ML is telling you. That's exactly how it works. We have many friends here that have done the exact same thing. We even know a few that went this route on purpose to dodge the long K1 wait.

How long is the current K1 wait? I suppose it is faster if the processing center is not St. Albans.

[Hammer2722]

How long is the current K1 wait? I suppose it is faster if the processing center is not St. Albans.

K-1 visa can take anywhere from 8 months to over a year. It will depend on the workload of that particular center that processes your visa appl.

[BillyB]

How long is the current K1 wait? I suppose it is faster if the processing center is not St. Albans.

PM Darth Budda since he's the last to complete one. Hammer is right that everybody's wait can be different.

[alex330]

How long is the current K1 wait? I suppose it is faster if the processing center is not St. Albans.

Yes, everyones case is different. Ours took 10 months with one RFE and a delay due to paperwork change from the Vermont office to the California office. That was almost five years ago though.

[odba]

K-1 visa can take anywhere from 8 months to over a year. It will depend on the workload of that particular center that processes your visa appl.

What? 
I knew St. Albans is the slowest of all considering the states it controls. But I thought the Nebraska Center for example would be faster. How do guys manage to not see the lady for that long, besides for a few days during visits. Has to be hard to build a relationship that way. Moreover it is virtually impossible I would think to get a Visitor visa these days and then do AOS like this thread talks about.

[BillyB]

How do guys manage to not see the lady for that long.

Thumbalina and her four sisters help men get through the wait. Do you know them too?

Moreover it is virtually impossible I would think to get a Visitor visa these days and then do AOS like this thread talks about.

When you find a lady, come back and tell us how much assets she has, kids she's leaving at home, how much she has in the bank, and if she's well travelled or not and we can tell you if she has a good chance or not at getting a tourist visa.

[odba]

Following link says 5 months for 3 of the centers and as of 1/28/2016 for Vermont.

http://egov.uscis.gov/cris/processTimesDisplayInit.do

If I am lucky enough to find one, I will get out of Vermont control before filing petition. 

[2tallbill]

How do guys manage to not see the lady for that long, besides for a few days during visits.

Once you find a girl you have to go back and see them as often as possible. My
recommendation is to go back for at least ten days every three months but more
often is better.

[ML]

Better to just quit your job, go be with her, and live on love.

[odba]

Better to just quit your job, go be with her, and live on love.

Ha! I work remotely. I can actually go live there. All I need is fast, reliable internet. Anywhere in the world.

[Jumper]

Yes, when visa expires, the person is out of status and subject to deportation if AOS has not been filed and accepted.

We had a member not so very long ago, detail his meeting a RW here on a tourist visa, I believe  extending it once,
the ext. running out, her over staying ,but them marrying and simply filing AOS. In any case everything went fine for them up to the point of marriage,and AOS, but i don't think he has posted her since
and likely just busy with married life.

As in most things posted here, it's just an example.

[Jumper]

What? 
I knew St. Albans is the slowest of all considering the states it controls. But I thought the Nebraska Center for example would be faster. How do guys manage to not see the lady for that long, besides for a few days during visits. Has to be hard to build a relationship that way. Moreover it is virtually impossible I would think to get a Visitor visa these days and then do AOS like this thread talks about.

This was about 6 years ago, but my wife's K1 was approved in about 4 months (or less it seems).
while my memory is poor,  I'm certain she was here within 5 months from filing to landing as frankly i wasn't even ready , lol, and expected a longer wait period from researching the normal times then.
We weren't in a hurry , and fully expected 8 month to 10 months.

The K1 was meant for those already having full  intent to marry.
The 90 days is to make family arrangements for the wedding itself.
So the  relationship should already have been built before proposal and acceptance of it.
It is on the couple to take the time, meet as often as they ,need etc,
to that point of decision, whether that takes 480 meetings over 8 years like gator , or one week ,
like our oneweekwonder.
 


 Yes many use it differently,(especially reality TV, and if i was an immigration officer
 i'd question their filings)
 but that does not change its original intent,
nor the letter both people need to sign and attest to their intent to marry with the original filing.  It is very unlikely to be approved without that letter
(for good reason)