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wizardfitz

Advice, opinions, suggestions, help will be appreciated

By wizardfitz in Tourist Visas

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wizardfitz Rising Star

wizardfitz   13

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Here is the situation:

Girl holds a multiple entry visa. She has been in and out of the US 4 yrs and counting. Each time she enters, she stays for 6 months (with her bf) then returns home for 6 months. This time, during her entry, she was only granted 30 days stay and immigration official mentioned next time she might not be allowed in. During past and current visits, when asked what her purpose is, she always says on vacation, coming to see her bf/staying with bf.

Her dilemma now is what should she do? Should she just stay for the 30 days granted and go home and risk not being allowed in the next time? OR Should they just go ahead and marry while she is here and adjust status here? Any help, experience, suggestion, opinion that would be helpful is appreciated. Thanks...

June 2006 Met on Myspace
Sep 21 2007 Proposed and she accepted
Dec 9 2007 Arrived in Manila
Dec 15 2007 Returned home, very sad day
Dec 21 2007 Sent Form I-129F to CSC
Dec 24 2007 Packet received at CSC
Dec 31 2007 NOA 1 received
Jan 02 2008 Check cashed
May 05 2008 NOA2
May 12 2008 Received letter from NVC MNL2008xxxxxx
May 19 2008 Paid Delbros fee at Metrobank
May 20 2008 First day of medical
May 21 2008 Told to return for sputum test
May 21 2008 Delbros confirmed receiving payment
May 27 2008 Delbros sent proof of payment to USEM
May 27,28,29 2008 Sputum test done
June 6 2008 Delbros sent doc ver request to the NSO
June 27 2008 NSO doc ver completed, to be picked up by USEM
July 1, 2008 Called USEM, doc ver is at the embassy
July 30, 2008 Passed the sputum test and finished the physical
Aug 5, 2008 Interview, PASSED received PINK SLIP
Aug 12 2008 VISA IN HAND!!!!!!!!!!!!!! Thank you God
Aug 16,2008 Flight to US. Manila to Narita, to Chicago
Sept 8, 2008 Civil wedding
Feb 14, 2009 Big fancy wedding
groupresized.jpg

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Here is the situation:

Girl holds a multiple entry visa. She has been in and out of the US 4 yrs and counting. Each time she enters, she stays for 6 months (with her bf) then returns home for 6 months. This time, during her entry, she was only granted 30 days stay and immigration official mentioned next time she might not be allowed in. During past and current visits, when asked what her purpose is, she always says on vacation, coming to see her bf/staying with bf.

Her dilemma now is what should she do? Should she just stay for the 30 days granted and go home and risk not being allowed in the next time? OR Should they just go ahead and marry while she is here and adjust status here? Any help, experience, suggestion, opinion that would be helpful is appreciated. Thanks...

The CBP officer obviously feels she's abusing her visa privilege, and probably suspects she's living in the US part-time and not simply visiting. Limiting her stay to 30 days and warning her that she might not be admitted again is an attempt by the CBP to put a stop to whatever it is they suspect she's doing.

If she's gets married in the US then she's certainly eligible to apply for adjustment of status as the spouse of a US citizen. The problem is that there is no assurance that the AOS will be approved. If it's not, she'll have 30 days to leave the US, and a pretty solid guarantee that she won't be able to use her B2 to come back again. If USCIS concludes there was any fraudulent intent, and denies the AOS for that reason, then she could end up with a lifetime ban. This is the unfortunate risk of skipping the visa process and attempting to adjust status while visiting the US. I don't know the actual statistics of denials for this sort of adjustment application, but I'm planning on researching it for a response to another thread later today.

The safest recommendation would be to enjoy her 30 day visit, and then go home while her fiance files a petition for a visa. There's no risk of denial for preconceived intent.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

wizardfitz Rising Star

wizardfitz   13

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted (edited)

Ok thanks for the reply. Only thing I want to say is there IS and WAS no fraudulent intent, its just their "hands were pushed?" to getting married earlier than they would have had the officer not mentioned possible denial. LOL. But thank you for the info.

Also please do let me know what stats you get if thats ok, thanks.

Edited by wizardfitz

June 2006 Met on Myspace
Sep 21 2007 Proposed and she accepted
Dec 9 2007 Arrived in Manila
Dec 15 2007 Returned home, very sad day
Dec 21 2007 Sent Form I-129F to CSC
Dec 24 2007 Packet received at CSC
Dec 31 2007 NOA 1 received
Jan 02 2008 Check cashed
May 05 2008 NOA2
May 12 2008 Received letter from NVC MNL2008xxxxxx
May 19 2008 Paid Delbros fee at Metrobank
May 20 2008 First day of medical
May 21 2008 Told to return for sputum test
May 21 2008 Delbros confirmed receiving payment
May 27 2008 Delbros sent proof of payment to USEM
May 27,28,29 2008 Sputum test done
June 6 2008 Delbros sent doc ver request to the NSO
June 27 2008 NSO doc ver completed, to be picked up by USEM
July 1, 2008 Called USEM, doc ver is at the embassy
July 30, 2008 Passed the sputum test and finished the physical
Aug 5, 2008 Interview, PASSED received PINK SLIP
Aug 12 2008 VISA IN HAND!!!!!!!!!!!!!! Thank you God
Aug 16,2008 Flight to US. Manila to Narita, to Chicago
Sept 8, 2008 Civil wedding
Feb 14, 2009 Big fancy wedding
groupresized.jpg

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Ok thanks for the reply. Only thing I want to say is there IS and WAS no fraudulent intent, its just their "hands were pushed?" to getting married earlier than they would have had the officer not mentioned possible denial. LOL. But thank you for the info.

Also please do let me know what stats you get if thats ok, thanks.

Geez, I hope they don't actually mention this in their AOS package. They would actually be admitting that they married for the purpose of evading immigration law. There is a clear and explicit process for obtaining a visa to come to the US and marry a US citizen with the intent of immigrating. There is also a clear and explicit process for the spouse of a US citizen to obtain a visa and immigrate to the US. A desire to short cut the system, and obtain immigration benefits without bothering to go through the visa process, is NOT a valid reason for getting married at a specific place and time.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

wizardfitz Rising Star

wizardfitz   13

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
  • Author
Posted

LOL! Point well taken, will certainly forward your insight/input to her. Thank for your help :D

June 2006 Met on Myspace
Sep 21 2007 Proposed and she accepted
Dec 9 2007 Arrived in Manila
Dec 15 2007 Returned home, very sad day
Dec 21 2007 Sent Form I-129F to CSC
Dec 24 2007 Packet received at CSC
Dec 31 2007 NOA 1 received
Jan 02 2008 Check cashed
May 05 2008 NOA2
May 12 2008 Received letter from NVC MNL2008xxxxxx
May 19 2008 Paid Delbros fee at Metrobank
May 20 2008 First day of medical
May 21 2008 Told to return for sputum test
May 21 2008 Delbros confirmed receiving payment
May 27 2008 Delbros sent proof of payment to USEM
May 27,28,29 2008 Sputum test done
June 6 2008 Delbros sent doc ver request to the NSO
June 27 2008 NSO doc ver completed, to be picked up by USEM
July 1, 2008 Called USEM, doc ver is at the embassy
July 30, 2008 Passed the sputum test and finished the physical
Aug 5, 2008 Interview, PASSED received PINK SLIP
Aug 12 2008 VISA IN HAND!!!!!!!!!!!!!! Thank you God
Aug 16,2008 Flight to US. Manila to Narita, to Chicago
Sept 8, 2008 Civil wedding
Feb 14, 2009 Big fancy wedding
groupresized.jpg

Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

IMO, she's established a pattern, over several years. Also, IMO, this gets extra scrutiny 'the next time' she crosses a POE.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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