Entering on a tourist visa

[destinyjoyful 0]

I have a question for a friend of mine.

I went through this process a few years ago, but my husband was in the states already on a Religious Worker's visa, so we didn't have this issue come up.

SO, my friend's husband is Canadian. They have been living in Canada, but now want to move back to Dallas, Texas.

They are planning on him just entering on a Tourist visa and then applying for an adjustment of status based on marriage.

Can they do this?

If he stays "in-status" while the I-30 is pending (even if he has to make a visa run), once that's approved and they submit the I-485 couldn't he just stay in the states and not have to return to Canada?

Also, is the Dallas pilot program still going on where you get your adjustment in 90 days?

I hope someone can help!

Thanks!

[destinyjoyful 0]

oh and they were married within the US a few years ago.

[htslogistics-john 1]

hi, that would be fraud. tourist visas ar for tourists. if his intentions we're not to immigrate but while he was in the states they decide to adjust then it would be fine, but like you said they're already planning on moving so they would have to go the ir-1 i believe. hope it helps them out.

[Penguin_ie 5,993]

As PP said, what they are planning is visa fraud and if discovered, could result in a lifetime ban. I wouldn't risk it. Since thye are both living in Canada, they can apply for the IR-1 visa via DCF, which will be much shorter than applying via the USA.

[canadian_wife 1,822]

Agree with the previous posters, does your friend want to risk a lifetime ban from the US for violating the terms of a tourist visa?

They should look into DCF if they are both living in Canada, the quickest (and also legal) way to get to the US.

Good luck.

[Otto 83]

Can they do this?

If he stays "in-status" while the I-30 is pending (even if he has to make a visa run), once that's approved and they submit the I-485 couldn't he just stay in the states and not have to return to Canada?

People have done this and been successful - they have also been unsuccessful (with potentially dire/unwanted consequences) - there is a guide for folks in similar situations - be sure they read all the disclaimers/Be Warned portions that go with it.

Also, is the Dallas pilot program still going on where you get your adjustment in 90 days?

DORA program was closed a couple of years ago.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[milimelo 4,477]

If friend's husband comes in on tourist visa there's no adjustment of status. They were married BEFORE he even set foot on US soil which makes it fraudulent for him to use tourist visa with clear intent to immigrate.

Best to go DCF route.

[destinyjoyful 0]

Thanks everyone!

I had no idea how serious it is to enter that way.

I will definitely let them know that they need to go a different route. Thankfully they haven't started the process to move here yet so they haven't done anything wrong. I know they want to do this the right way, so thanks for the heads up and also what way they need to go.

And that is too bad about the DORA program closing down in Dallas. That was awesome for us when we were going through it as we got everything done really quickly...

Thanks!