Tourist Visa...Change in Status???

[ramlin35 0]

My Fiancee has been entering the US on a Tourist Visa for over 5 years.

She buys supplies in the US for her business in Mexico.

On one of her trips to the US, can we get married, go to the INS office and request a 'change in status' for her?

A lawyer in Mexico and a customs Agent at the international bridge told us this was the easiest way to do this.

I called US CIS and they told me this information is incorrect.

PLEASE HELP!

THANK YOU!!

[reeses16 8]

USCIS is right, that would be visa fraud. She can not come to the US on a Tourist visa with plans to marry and stay. She can come over, get married, return to Mexico then you could file a spousal visa for her (K3 or IR1/CR1 ) of your could go the K1 route. If you attempt to do this on a tourist visa. I think you will have problems. If she comes and goes often for her business, it would seem as though she would need to return for her business and settle her affairs.

Also, if you decide to hire a lawyer, please do not hire the same lawyer that gave you that advice.

[ramlin35 0]

USCIS is right, that would be visa fraud. She can not come to the US on a Tourist visa with plans to marry and stay. She can come over, get married, return to Mexico then you could file a spousal visa for her (K3 or IR1/CR1 ) of your could go the K1 route. If you attempt to do this on a tourist visa. I think you will have problems. If she comes and goes often for her business, it would seem as though she would need to return for her business and settle her affairs.

Also, if you decide to hire a lawyer, please do not hire the same lawyer that gave you that advice.

Thank you for your input. I didn't believe the lawyer either until I spoke with a US Customs Border agent at one off the international bridges. Why would he give me the wrong info?

[chris-lei 1]

The lawyer just wants to get money from you. Adjusting status from a tourist visa will take a very long time and will end up in an unpredictable outcome (she might not be approved on the count of visa fraud). In that situaion, you will be needing lawyers services. They will just suck money out of you in an endless battle with the USCIS.

[reeses16 8]

I have no idea about the border agent. But I guess that you do occasionally get ones that have no idea what they are talking about. Further, I'm not sure what the border agents training is, but I doubt its immigration per se. I think they are trained to look at passports, visas, and other available information to determine whether or not to allow someone into the US. I doubt they have any training about how petitions are approved based on the various visa categories, AOS. and the details and nuances of the process.

Anyway, I'm glad you posted. Good luck!

[웃 910]

My Fiancee has been entering the US on a Tourist Visa for over 5 years.

She buys supplies in the US for her business in Mexico.

On one of her trips to the US, can we get married, go to the INS office and request a 'change in status' for her?

A lawyer in Mexico and a customs Agent at the international bridge told us this was the easiest way to do this.

I called US CIS and they told me this information is incorrect.

PLEASE HELP!

THANK YOU!!

This quickest way is to file for a K1 fiancée visa. From the day you send in your paperwork, you should have the visa stamped in your passport anywhere between 5 and 8 months later. Then when you enter the U.S., you'll have 90 days to marry. Meanwhile, your fiancée can continue to visit you in the states with her B2 visa while the process unfolds. P.S. Do not get a lawyer. The paperwork asks for simple things (your social security #, birth dates, addresses, etc.) You will essentially be paying your lawyer over a thousand dollars to type your name and address onto a couple of forms.

Edited December 6, 2008 by Confucian

[pushbrk 13,043]

USCIS is right, that would be visa fraud. She can not come to the US on a Tourist visa with plans to marry and stay. She can come over, get married, return to Mexico then you could file a spousal visa for her (K3 or IR1/CR1 ) of your could go the K1 route. If you attempt to do this on a tourist visa. I think you will have problems. If she comes and goes often for her business, it would seem as though she would need to return for her business and settle her affairs.

Also, if you decide to hire a lawyer, please do not hire the same lawyer that gave you that advice.

Thank you for your input. I didn't believe the lawyer either until I spoke with a US Customs Border agent at one off the international bridges. Why would he give me the wrong info?

Because he simply doesn't understand the law. It's not actually his job to understand it. That's a USCIS responsibility. US Citizenship and IMMIGRATION Service handle immigration. CBP handles Customs and Border Patrol. It's not even close to the same thing. CBP decides if you can enter. USCIS decides if you can stay.

Edited December 6, 2008 by pushbrk

[payxibka 10,047]

people have done what the lawyer and CBP officer have said to do... the BIG DIFFERENCE is that it CANNOT be a preconceived plan.....