Any similar case?

[SirLancelot]

 

What I was told is that I entered legally to some extent, because I had been searched at the customs and permitted to get in, but my visa was not valid, so it turned out not legal. The Infopass officer also said what I should do is to apply AOS without doing the I-485 A ($1000 fine). So I did what she said. As to overstay, my B-1 visa was invalid after 8/8/2007, but since I applied for I-130 and AOS, which allowed me the legal stay after the expiration of my visa, I think. And that is why I applied for I-130 as soon as I can. I was worried my overstay.

 

Ok, now I'm confused. What is AOS without I-485? I thought the I-485 is the Adjust of Status application form. So how does one file AOS without filing the I-485 form?

[Jeikun]

It's "I-485A" so not "I-485 a $1,000 fine" but "I-485A ($1,000 fine)"

 

But I am confused also... I thought you had to file WITH the !-485A and pay the fine... not without. People who don't need to pay the fine don't file it.

 

For example, a friend of mine from Japan came here on a visa waiver and got married and filed her I-485 (which is not allowed) but also filed the I-485A, paid the $1,000 and her status was adjusted without ever having to leave the country.

Edited August 18, 2007 by Jeikun (see edit history)

[jwmurphy]

Right, I agree. She is only in trouble for applying for an AOS. You are not allowed to immigrate on a non-immigrant visa.

 

Jeff

 

 

 

My reply is Off-Topic, but that statement is not true. If someone is here legally on any visa they can apply for AOS.

 

For example, my ex-wife was here on a student Visa, and after we married we applied for AOS.

 

The issue is if you violated the intent of the visa. If someone gets a tourist visa, and just uses it to get married that is looked at as misusing the visa and AOS could be denied. If they come on the same tourist Visa for a 6 month stay and after 4 months fall in love with someone and get married in Vegas... that is NOT a misuse of the visa, and AOS is no problem.

 

Yes, it is subjective. But they tend to be lenient unless it is obvious misuse. And even then, if they pay the $1,000 fee, they tend to still be lenient (though there are horror stories out there).

 

Exceptions would be K-1 (can only apply for AOS after marriage to the beneficiary), and Visa waivers (can't apply for any kind of visa or extention). There may be other exceptions, but by and large it is no problem.

 

Yes this issue was discussed before. Your example where your friend was here as a student, fell in love and got married. This is acceptable because they did plan to get married. In this case they came to US got married went back to china and because of health issues he had to return to the US. She had a valid 1B visa and came to the US to be with her husband. They filed for an AOS and thats when then trouble started.

 

Now if she came to the US and they got married and didn't plan it then it would be a different situation.

 

Wouldn't their situation actually be like a couple that married over seas except they married in Las Vegas? They should have filed a c130 while she is in China?

 

Except now she here so she shouldn't leave. They need a immigration lawyer to help straighten out this issue.

 

Jeff

[yixuan]

The Infopass officer also said what I should do is to apply AOS without doing the I-485 A ($1000 fine).

[/b]

 

Ok, now I'm confused. What is AOS without I-485? I thought the I-485 is the Adjust of Status application form. So how does one file AOS without filing the I-485 form?

 

 

Sorry, I confused another person again. What I mean there is I was told by the officer I was not in the catalogue of typical illegal entry, so I didn't need to pay the $1000 fee, that is, to apply for the I-485 Supplement A. But for sure, I applied for I-485, together with the EAD, AP in that package.

[SirLancelot]

The Infopass officer also said what I should do is to apply AOS without doing the I-485 A ($1000 fine).

 

Ok, now I'm confused. What is AOS without I-485? I thought the I-485 is the Adjust of Status application form. So how does one file AOS without filing the I-485 form?

 

 

Sorry, I confused another person again. What I mean there is I was told by the officer I was not in the catalogue of typical illegal entry, so I didn't need to pay the $1000 fee, that is, to apply for the I-485 Supplement A. But for sure, I applied for I-485, together with the EAD, AP in that package.

 

Well that actually sounds pretty positive. Sounds like you may make it through the AOS afterall.

 

Good luck. Please let us know how it turns out.

Edited August 20, 2007 by SirLancelot (see edit history)

[Jeikun]

Right, I agree. She is only in trouble for applying for an AOS. You are not allowed to immigrate on a non-immigrant visa.

 

Jeff

 

 

 

My reply is Off-Topic, but that statement is not true. If someone is here legally on any visa they can apply for AOS.

 

For example, my ex-wife was here on a student Visa, and after we married we applied for AOS.

 

The issue is if you violated the intent of the visa. If someone gets a tourist visa, and just uses it to get married that is looked at as misusing the visa and AOS could be denied. If they come on the same tourist Visa for a 6 month stay and after 4 months fall in love with someone and get married in Vegas... that is NOT a misuse of the visa, and AOS is no problem.

 

Yes, it is subjective. But they tend to be lenient unless it is obvious misuse. And even then, if they pay the $1,000 fee, they tend to still be lenient (though there are horror stories out there).

 

Exceptions would be K-1 (can only apply for AOS after marriage to the beneficiary), and Visa waivers (can't apply for any kind of visa or extention). There may be other exceptions, but by and large it is no problem.

 

Yes this issue was discussed before. Your example where your friend was here as a student, fell in love and got married. This is acceptable because they did plan to get married. In this case they came to US got married went back to china and because of health issues he had to return to the US. She had a valid 1B visa and came to the US to be with her husband. They filed for an AOS and thats when then trouble started.

 

Now if she came to the US and they got married and didn't plan it then it would be a different situation.

 

Wouldn't their situation actually be like a couple that married over seas except they married in Las Vegas? They should have filed a c130 while she is in China?

 

Except now she here so she shouldn't leave. They need a immigration lawyer to help straighten out this issue.

 

Jeff

 

 

Actually I was only referring to the statement "You are not allowed to immigrate on a non-immigrant visa.", as a blanket statement as being incorrect. As you mentioned before, the OP's issue comes from not following proper procedure, even though it was unintentional. But non-immigrant visas as a whole, are easily converted to a greencard via AOS, as long as there was no evident use of it to circumvent immigration law.

[yixuan]

Well that actually sounds pretty positive. Sounds like you may make it through the AOS afterall.

 

Good luck. Please let us know how it turns out.

 

 

I do hope so. My husband and I will try to get all the evidences we can get to approve I came in the US twice were based on the business reason, one for meeting and the other for training. Also the relationship between us are real and sincere.

 

I was worried I might not have an interview, but in fact I got the interview appointment yesterday. So I will see them on Oct. 11th. I will be starting to read all AOS interview reports. And I will also leave one for everybody after mine.

 

Thanks, everyone.