from a tourist visa to a green card

[Laetitia 0]

Hello,

I would like to know what you think about the following situation.

I have a friend who is married to an American. They have never lived together (She is in France and he is here in the US). She wants to come to the US so I advised her she should apply for the I130 visa from France and once she gets it she comes over and finish the process to get the green card.

She is telling me she wants to come with her tourist visa and apply for the green card when she is in the US. Is it something possible even if she lives with her husband?

I really think she has to start the whole thing from France but I guess someone told her she can just come with her tourist visa.

Please let me know your thoughts.

Thanks

[canadian_wife 1,822]

When one travels on a tourist visa with the intent of immigrating, that person is committing visa fraud. Tourist visas are for tourists, those who intend to return, not for those who wish to immigrate.

If one does travel on a tourist visa with intentions to immigrate and gets caught, that person runs the risk of being deported, and banned from the US. This is a HUGE risk to take.

Tell your friend the easiest way to get her to her husband is to follow the guides here for the Cr-1 visa

Good luck

[Deputy Purple 1,294]

FWIW, the ban that she would face is lifetime and not waiverable! Further, if USCIS decides to charge her USC husband he can face several years in prison and tens of thousands of dollars in fines.

At POE if they know she is married to a USC she will be asked to show strong ties to France or face being refused entry. If she lies at POE it could blow-up in her face at AOS.