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dajawu

May my brother get married in USA as B tourist visa

By dajawu in Tourist Visas

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dajawu Newbie

dajawu   0

Posted
Filed: Country: China
 Timeline
Posted

My brother has got b tourist visa to US, his girl friend is american citizen,she wants him to overstay and get married during the visit, then apply for Green card for him. Will this work, or is it illegal ? they have known each other for 1 year.

Thanks everybody , hope to get a helpful advice.

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

My brother has got b tourist visa to US, his girl friend is american citizen,she wants him to overstay and get married during the visit, then apply for Green card for him. Will this work, or is it illegal ? they have known each other for 1 year.

Thanks everybody , hope to get a helpful advice.

It is illegal to enter the US with the intent to immigrate on a visitor visa.

Some people have gotten away with what your brother's girlfriend is planning.

If the US government determines your brother had the intent to immigrate after looking at your brother's circumstances, his attempt to gain a green card will be denied. He could be ban from the US for life for a material misrepresentation.

So, it is worth the risk? Not to me since your brother has a legal way to immigrate to the US. It only takes 6-18 months for a US citizen to petition for a foreign spouse. Why risk a lifetime ban for a few months????

miss191209 Community Regular

miss191209   1

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

a friend of mine did the same thing, he got married before even he spent 3 months in the us..but befoe applying to change the statut, his wife become pregnant..and everything went sooo smooth..

he got his 2 years Green card...

good luck

08/12/2010 received NOA1

09/05/2011 received NOA2

********

20/05/2011 Called the NVC get NVC number and gave our emails

21/05/2011 DS3032 email Sent /

23/05/2011 paid the AOS fee Bill

25/05/2011 AOS statut PAID

25/05/2011 Sent Request to clear the error in my name (ughhh)

27/05/2011 PAID the IV BILL -statut in process

28/05/2011 got the response for my request to modify the error in my name..== OK

31/05/2011 AOS Package sent via usps express

01/06/2011 IV bill statut " PAID "

03/06/2011 AOS Package received by NVC

03/06/2011 IV Package sent via usps express

05/06/2011 IV Package received by NVC

05/06/2011 fingers crossed

17/06/2011 second stupid FALSE RFE for missing DS230

24/06/2011 SIF SIF SIF SIF YES SIIIIF (Sign In Failed) and Case complete ( CC)

******

NVC journey ended after 34 days***

28/07/2011 medical passed===> OK

10/08/2011 interview date==>ok but there is a missing document

21/08/2011 Visa in hand

27/08/2011 POE at CHICAGO O'Hare

garfield529 Community Regular

garfield529   47

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

Can you do it, YES. Is it legal, NO, not if the intent was there. They have been in a relationship before he entered the US? If so, it would be seen as intent and therefore fraud. It IS possible to get away with this, but if you DON'T....goodbye boyfriend forever. (I know this is not the OP's relationship) They can certainly marry and start the legal part of the paperwork for a spousal visa while he is here and then he returns to China to wait out the last portion prior to interview. The period of separation will be significantly less than most folks on VJ have to endure. :thumbs:

Nov 6, 2009: "I had breakfast in Korea, lunch in Shanghai, and dinner in Chongqing...now I just need to find a squat toilet..."

K1 completion: 03-10-2010, PINK!!!(well..it's orangish)
POE: Chicago/ORD 05-21-2010
Married: 05-26-2010
AOS completion: 10-28-2010
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Operator Experienced

Operator   1,927

Posted
Filed: Other Country: China
 Timeline
Posted

My brother has got b tourist visa to US, his girl friend is american citizen,she wants him to overstay and get married during the visit, then apply for Green card for him. Will this work, or is it illegal ? they have known each other for 1 year.

Thanks everybody , hope to get a helpful advice.

"Overstay and get married" not what the tourist visa is for. Your brother should go back to China and his girlfriend should file the appropriate paperwork. Immigration laws are not overlooked in the US.

Good luck to your Brother and his girlfriend.

sara..... Mentor

sara.....   371

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

it is visa fraud........(intent is there)

with that being said some people do come on visitor visa WITH OUT the intention of getting married while visiting.....and have ended up married and seem to fly thru the immigration process.....some dont depends on what proof they have that there was no intention when the visa for visitor was approved i guess

just my opinion

sara

Ryan H Grand Master

Ryan H   3,828

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

My brother has got b tourist visa to US, his girl friend is american citizen,she wants him to overstay and get married during the visit, then apply for Green card for him. Will this work, or is it illegal ? they have known each other for 1 year.

That will not work, there is intent to stay and adjust which is fraud.

They can get married, but he must go back when is authorized stay ends. His USC girlfriend can then file the appropriate paperwork.

Our journey:

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September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
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August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
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September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
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September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Harsh_77 Mentor

Harsh_77   718

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

That will not work, there is intent to stay and adjust which is fraud.

They can get married, but he must go back when is authorized stay ends. His USC girlfriend can then file the appropriate paperwork.

Yep you got it.... he can enter marry and return back complete paper work and come back again. :)

 
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