Immigration Law Question: No EOS, COS & AOS and marriage to a U.S. Citizen

[Umesh Passi]

Hi everybody,
My friend has a girlfriend who comes from her country and stays with him and then goes back to her country.
This time when she came at the airport Border Petrol Agent gave her entry for just 2 month with a notation "No EOS, COS & AOS".
My friend will take citizen oath coming week and he intends to marry her immediately and file for her AOS so she does not have to go back to her country.
As many of you know, I have been active member of this Discussion Board for long time and am out of touch for last 6 - 7 years with current Immigration Laws.
Any input will be appreciated.
Umesh Passi

[Umesh Passi]

Hi everybody,
My friend has a girlfriend who comes from her country and stays with him and then goes back to her country.
This time when she came at the airport Border Petrol Agent gave her entry for just 2 month with a notation "No EOS, COS & AOS".
My friend will take citizen oath coming week and he intends to marry her immediately and file for her AOS so she does not have to go back to her country.
As many of you know, I have been active member of this Discussion Board for long time and am out of touch for last 6 - 7 years with current Immigration Laws.
Any input will be appreciated.
Umesh Passi

[Aroha]

Hi Umesh. Please preface your question with "Immigration Law Question" so you get relevant answers.

The CBP have concluded that your friend's girlfriend has been abusing the terms of her visa. By spending more time inside the US than out, she's not "visiting", she's "living". She's actually lucky she was allowed in at all. They could have refused entry and sent her back on the next plane.

The annotations can be problematic. As she agreed to those terms when she entered, filing for AOS could show preconceived intent and she could face a denial. In most cases though, that doesn't happen. They should consult a reputable attorney prior to filing.

[federale86]

USCIS will deny the application for COS for fraud. At the Port-of-Entry she told the Customs and Border Protection Officer, not a Border Patrol Agent, that she would not be changing, adjusting, or extending her status. Any application will be considered fraud.

[Don Fernandez]

Poster, please don't believe what other posters say on this forum. Your friend can go ahead with his oath, relax, enjoy, and file the papers for his girl. When he's citizen, that annotation means little, his girl can file for her papers. My org has handled many such cases with no problem.

[federale86]

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[Someone12]

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[federale86]

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[Umesh Passi]

Hi Don,
Please let me know if your Organization has a office in New York City with its address & telephone number.
Regards,
Umesh Passi

[NO AMNESTY!!!]

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[Cernadik]

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[FREEDDAWG]

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