Need your advice, guys!

[Nata1983 0]

Hello, VJ members!

My name is Natalia. I met my now-fiance three years ago when I was in the States (on a J1 visa) on a Fulbright scholarship. As I was subject to a 2-year home residency rule, I had to return to my homecountry. We didn't know whether we will be able to do a LDR, so we decided to play it by ear. Though it was very hard, both physically and emotionally, we've stayed together: he visited me, and I visited him twice on a tourist visa. This summer my bf visited me again and proposed, so now we are engaged. He wants us to get married in the States and start AOS there, as he doesn't want to wait longer for K-visa to be processed, as he already waited for my home residency rule to expire. I still hold a tourist visa, which expires in November 2011. I realize that if I travel to the States on a B-1 visa and get married, it would be considered fraud and put me in a bad situation. Yet, my fiance doesn't want to go another way, and say he would only marry me in the US. What should I do? Thank you all in advance.

[Shanh 2]

Have a nice calm talk with your fiance explaining all the risks involved with his idea

With a K1 visa you two would marry in the US, granted it would take a few more months.

A bit more patience shouldn't be too much to ask

[ginimerlo 0]

Hello Nata1983!

I was put under a similar situation when I had to decide whether to marry my fiance while he was visitng or do things the right way by filing his k-1... He quit his job and was ready to stay for a month here and see how things went... on his entry to the US via DTW he got a second check and then I received a call asking about his job and when he quit it and why was he going back so fast.. My fiance was actually staying a week and then had an interview the following week and has the ticket... We got pretty scared after that since they knew that he had quit his job without even asking him... that shows how extensive their database is! So after that we decided to do it the right way... but then again I have friends that got married while the fiancee was visiting my friend from Mexico and she said she has her green car din four month... however, she was not able to leave the country until everything was finished!

Best of luck!

[Sirdaniel42 86]

Your fiance needs to read up on this subject on this site, he will soon discover about the risk you will be taking by going his way.

Comiting fraude will result in a lifetime ban and your interview at the consulate will not be the only time that you talk to the USCIS

Do the right thing and go for K-1 visa, Good Luck with your Journey

[Nata1983 0]

Hello Shahn!

Whenever we start talking about it, it is never a calm talk. He's been waiting way too long. I've tried it dozen of times. I am just trying to see what my chances are if I do agree to go with his plan. I know people who have don it, and were fine, I am just an extremely law-obedient, do-it-by-the book person. But we'll see, maybe he could wait another year

[Little_My 464]

Yes, it is possible that you could follow his plan, have you enter the US on a tourist visa, marry, file for AOS and be just fine - you'd get your GC in 5-6 months, and all would be fine and dandy.

However, there is a risk that it would not be fine. What you would be doing is, essentially, visa fraud. Whether or not you'd get "caught" during the process is another matter, which no one can really predict for sure. The fact of the matter is though, that entering the US with the preconceived intent to marry a US citizen and then file for AOS in the United States to become a permanent resident is visa fraud, which could carry some very serious and long lasting consequences, including you being banned from the US. It's a big risk to take when you've fallen in love with an American.

Personally, I wouldn't risk it. I wouldn't risk being banned from the country where the person I want to spend the rest of my life is from, especially after spending a lot of time and money in filing all that paperwork and going through months of waiting and agonizing. I understand that waiting for another 7-9 months separated seems like a horrible idea, but it beats being apart for the rest of your lives.

Personally, what I'd suggest is that you'd look into the CR-1 route. You would first get married (wherever you want), and then file for the CR-1 spousal visa for you. You would have to wait out the process in your home country, though you might be able to visit the US during the process with a tourist visa. Once you got the visa, you would immediately become a legal permanent resident upon entry to the US - there would be no periods of not being able to work or travel internationally, and you could start a normal life with your new husband as a geencard holder as soon as you got to the US.

Ultimately, the decision is naturally yours to make, and you should make it together. But I'd have a long talk with your fiance about the risks associated with what he is suggesting before deciding to take that route.

Edited August 22, 2011 by Little_My

[ceadsearc 516]

It sounds like your fiance is not truly aware of the risks to you in following his plan. I suggest you have him read up on the subject or talk to a GOOD immigration lawyer (not just anyone who will tell you this is fine and you won't be caught so they can get your money).

If he really wants to have the wedding in America, there is no reason you cannot come on a B2 visa and get married. That in itself is neither illegal nor is it fraud. Intending to immigrate on the B2 is the illegal part, so no staying and adjusting. You can come here, get married, visit for a bit, file your paperwork for a CR-1 visa and then return to your home country for processing. When you enter the United States, you will be a permanent resident already.

That being said, you don't want to lie at POE so if you're asked why you're coming there is a chance they may not let you in the country if they think you are planning to stay. Showing strong ties and a reason to return would be very important in that case.

Good luck.

Edited August 22, 2011 by ceadsearc

[JimVaPhuong 4,863]

You've gotten good advice on the risks of attempting to marry and adjust status. I just wanted to add that the two year home residency rule requires two years of physical presence, in the aggregate. This means you need to have been physically present in your home country (or country of last residence) for a total of two years. Any time spent outside your home country, including time spent visiting the US, does not count towards the two years physical presence requirement. The two year clock stops every time you leave your home country, and resumes every time you return.

Immigration attorneys usually recommend you don't leave your home country during the two years because it can be complicated to prove that you've accumulated the required two years of physical presence when your travel documents indicate you've left your home country. Check your travel documents and make sure you can prove when you left and returned each time.

[Nata1983 0]

Thank you for all your advice and support! I'll talk to my fiance once again (keep your fingers crossed), though I understand his agony having to wait for me for so long.

As for my two-year, we have passports stamped at the customs each time we leave and come back to the country, so that should help.

Though it should be a big headache in itself to adjust from B1/B2 or get K1 having a two-year rule. Has anyone experienced that or knows anyone who has done it?

[JimVaPhuong 4,863]

Thank you for all your advice and support! I'll talk to my fiance once again (keep your fingers crossed), though I understand his agony having to wait for me for so long.

As for my two-year, we have passports stamped at the customs each time we leave and come back to the country, so that should help.

Though it should be a big headache in itself to adjust from B1/B2 or get K1 having a two-year rule. Has anyone experienced that or knows anyone who has done it?

If the two years hasn't expired yet then you'd need a waiver before you could get a K1 visa or adjust status. If the two years has expired then it's no longer relevant - you can get a K1 visa just like anyone else. The only issue might be proving you've accumulated two full years of physical presence after taking into account any periods of time outside your home country.