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Mohan please help with AOS

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  • Mohan please help with AOS

    Im a USC who married my wife abroad. Since she had a visitor's visa, we came to the US after our wedding and applied for an AOS.

    We werent exactly sure what the process would be with ins, but my wifes friends told her to tell the ins officer that she was coming as a visitor. Also, they said that if she said she was married, we would have problems. Since she has come in and out many times before, the officer let her in without a problem (I was on the USC line)

    After reading up on the issue, and reading other people's posts, I was told that we could have problems if the ins feels she misrepresented her visit to later adjust her status. They also said that she may need to file a waiver of inadmissability.

    I will consult a lawyer about my case when I get more money (they sure are expensive). Do you know anyone who has been in a similar case, and what happened? Or, what could happen?

    I really dont want any problems with my wife (since we married for real). Any advice or information would be VERY helpful and MUCH appreciated!!!!

    PS Im asking you since you have helped so many people on this board, God bless :->

  • #2
    Im a USC who married my wife abroad. Since she had a visitor's visa, we came to the US after our wedding and applied for an AOS.

    We werent exactly sure what the process would be with ins, but my wifes friends told her to tell the ins officer that she was coming as a visitor. Also, they said that if she said she was married, we would have problems. Since she has come in and out many times before, the officer let her in without a problem (I was on the USC line)

    After reading up on the issue, and reading other people's posts, I was told that we could have problems if the ins feels she misrepresented her visit to later adjust her status. They also said that she may need to file a waiver of inadmissability.

    I will consult a lawyer about my case when I get more money (they sure are expensive). Do you know anyone who has been in a similar case, and what happened? Or, what could happen?

    I really dont want any problems with my wife (since we married for real). Any advice or information would be VERY helpful and MUCH appreciated!!!!

    PS Im asking you since you have helped so many people on this board, God bless :->

    Comment


    • #3
      Did she got visa after the marriage?OR she already had A visa before marriage?

      Comment


      • #4
        She had her visitor's visa for 20+ years. She has traveled in and out of the US many times prior...

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        • #5
          Sorry I didnt answer directly, yes she has had the visa before we married.

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          • #6
            Where is your wife right now? Is she just contemplating to come to the US or she entered the country already.If she is still in her country, do her papers the right way because it's not worth the trouble. Believe me there are people here in this board who are in limbo right now because they opted for a fast and shorter way in coming to this country.5 years later their papers are still being tossed around from one place to another.You don't want this to happen to you, and don't lie to the immigration officer because sooner or later they will uncover this.Once they discover this, they will deny your application because it will fall under misrepresentation which is inadmissable. of course there is a waiver for this but it's really hard to get approved.

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            • #7
              She had visa before she married, and she is already in US. File the package. Everything will be fine. if she leave and trying to come back she should get K1 Visa ,( If she don't the it will be misrep) If she don't leave till the AOS it will be ok for her to stay here. NO more visitor Status.

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              • #8
                You should ask hello to help you out because this is her problem too. She had a visitor visa already but never told the officer that she has USC husband.When she applied for her AOS was denied because of misrepresentation.She is still working on it.

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                • #9
                  I have similar case right here. Person came twice on Visitor status,went back(with USC) , both get married in native country, came back on visitor status. filed for AOS. and Yesterday interviewed and waiting for final freeze bar which will be another month or two, done.

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                  • #10
                    anonymous,

                    As Mohan said I don't think you will have any problem adjusting your wife statut. But if the INS happen to check what she said at the port of entry then you will be in trouble, that's misrepresentation.
                    when i got a visa tourist from my country I told them that i was married but did not tell them that he was USC. i was not coming to join him
                    but i came with my company but i should admit that INS are most of the time right ..we always end up staying. it's so attempting specially when you have kids and were married for certain years.
                    and also i did not know that I could adjust my statut in my country, if i knew i would have done it instead of waisting thousands of dollars on lawyers here plus the time it's takes to fight with the ins...
                    in my opinion if you have not file for your wife why don't you just go back and do it from your country..i wish i could do it but to have the waiver of hardship approved from there is harder than having it approved here according to lawyers...
                    so if you are lucky enough the ins won't check yr wife's file at the port of entry but if they do and found out she lied then it's not going to be easy at all.
                    good luck to you

                    Comment


                    • #11
                      Thanks Mohan and Hello for your advice.

                      I will consult with a lawyer, but my heart is breaking that we may have so many problems! I wanted to avoid that in the first place and now Im kicking myself for not finding out first.

                      Hello, we already applied for an AOS here in the US and have been waiting for 6 months already. It will probably be another year before they call us due to processing times.

                      Thanks for the info on letting me know that getting waiver is harder to approve overseas than in the US

                      Im distressed because
                      (a) I dont want to separate from my wife for her to go to apply overseas
                      (b) I dont want any problems when it comes time to GC processing (like having to go through appeals, waiver, etc.)

                      Hello, how long have you been fighting this? Whats the status of your case?
                      Anonymous

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                      • #12
                        Hello,

                        Also I want to know how they determined that you came to the US with the intent of staying?

                        Did you get a lawyer from the beginning?

                        Thanks again!
                        Anonymous

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                        • #13
                          (Sorry for all the repeated posts, but I keep seeing more things that I didnt notice the first time)

                          Mohan, what is a "final freeze bar"? How long did it take for them? Let me know if it goes well (if you remember)

                          Anonymous

                          Comment


                          • #14
                            Its an excuse INS makes that they are going thru many changes and upgrades, "" I am approving your case but we will call you again for the stamp".
                            I will let you know the final day of stamp. as its my friend who is going thru all these.

                            Comment


                            • #15
                              I think your circumstances could work either way. The INS can review your wife's entry to see what she said and even look for it as part of more careful checks. Or they could be so busy due to other checks that they will not bother to check your wife's entry details.

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