filing AOS on a tourist visa

[warpedbored]

There is this German couple in their late 60s early 70s that come into my store now and then who asked me for advice. She is a permanent resident alien who will become a naturalized citizen next month. Her and her late husband came to the US about 40 some odd years ago. After her husband died she reconnected with her childhood sweetheart in Germany. He came over on a tourist visa about 3 years ago and they rekindled the romance. He has been going back and forth to Germany as required by his visas but they have been living together other than the time he has had to go back. Now they want to get marred after she gets her citizenship next month and file AOS. Since they aren't getting any younger they would like to avoid the long wait of a fiancée visa and just get married and file AOS. I explained to them that the USCIS officer who interviews them for AOS has broad discretionary powers. If they suspect that he came here on a tourist visa for the purpose of getting married he could be deported and banned. Honestly that isn't the case since he originally came here just to visit his childhood sweetheart. I also know that if someone comes here legally falls in love and marries they can adjust status as long as the intent of the visa originally wasn't to marry.

 

Now I know I wish I would have had it so rough when Bing and I were waiting but on the other hand these folks are elderly and may not have all that many years together. They sure don't want to waste them waiting for a visa.