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Thread: Mohan please help with AOS

  1. #1
    Guest
    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. #2
    Guest
    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 :->

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

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

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

  6. #6
    Guest
    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.

  7. #7
    Guest
    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.

  8. #8
    Guest
    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.

  9. #9
    Guest
    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.

  10. #10
    Guest
    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

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