How much does Immigration/Customs know about USA citizens past travels?

[chrispar 0]

First, I will start with my direct question. And then give you a little background.

Question: if my girlfriend and I go the 'grey" 130/485 route, will immigration/customs be able to tell where I have lived the past 1.5 years? Can they tell which countries I have been to and how long I was there?

I am an American (w/USA passport) and for the last 1.5yrs I have been living in South America for several months at a time (leaving to work the others). I live with my girlfriend here. She currently has a valid 10y Tourist Visa which she has used once to travel to the US. We want to move to the states next year and contemplating going the 100% legit way or the grey area in the I130/I485 route. I ask because if we go the 130/485 route and claim we didnt know each other prior to her entering the USA, then we would have problems.

For the record, I am aware of the pros/cons with this route. This post isnt really meant to be about that.

Thanks for your time!

Edited November 6, 2011 by chrispar

[Jim N Augie 16]

Anytime your passport is used in travel it is recorded. Dont know how deep they verify for immigrtion but if they look it will be there.

[chrispar 0]

Yes, I know they know my movements in and out of the USA, but like you said, wondering about how much they know about the details of my travels. Of course they def could find it out if they really really really wanted to, but if a person was to be traveling to many countries around South America, could the US really tell?

[Jim N Augie 16]

I cant really say as to the rest but anywhere you use ID would be available to them in my opinion. also when you come back you will need to pay taxes or show none due? so some of that info is going to come back up

Edited November 6, 2011 by Jim N Augie

[Brother Hesekiel 2,236]

Is there any reason to choose a more expensive way involving fraud and a possible ban for life from the U.S. (AoS) over the cheaper, correct way that will not 'cause you guys to wake up in the middle of the night, sweaty, afraid that at some point (AoS/RoC/N-400) your scam would be detected?

Why even contemplating something so dangerous if there's an easy, readily available path to do this?

[Jojo92122 1,924]

First, I will start with my direct question. And then give you a little background.

Question: if my girlfriend and I go the 'grey" 130/485 route, will immigration/customs be able to tell where I have lived the past 1.5 years? Can they tell which countries I have been to and how long I was there?

I am an American (w/USA passport) and for the last 1.5yrs I have been living in South America for several months at a time (leaving to work the others). I live with my girlfriend here. She currently has a valid 10y Tourist Visa which she has used once to travel to the US. We want to move to the states next year and contemplating going the 100% legit way or the grey area in the I130/I485 route. I ask because if we go the 130/485 route and claim we didnt know each other prior to her entering the USA, then we would have problems.

For the record, I am aware of the pros/cons with this route. This post isnt really meant to be about that.

Thanks for your time!

It's not "grey" for you to go the I-130/I-485 route. It is unlawful to enter the US on a non-immigrant visa visitor visa with the intent to adjust status. There is no grey there.

The grey you allude to is how many couples will get caught. Aren't you really asking, what are your chances of getting caught as you are concern with how the US tracks your travel? You are contemplating lying on an immigration petition by stating that you didn't know each other prior to her entering the US. How is that "grey?" That's fraud. It's a material misrepresentation. It can lead to a lifetime ban.

Why would you gamble and lie when you have a 100% legit way for her to immigrate to the US? Why don't you just file the K-1 petition now or marry her now and file for a CR-1 visa? You aren't planning to move until next year. You have time to do it the legit way. Don't risk a lifetime ban for a few months.

[Kathryn41 3,205]

Just to add to the comments already mentioned, every potential immigrant - whether from inside or outside of the US- is subjected to stringent security checks and background investigations. That means that their past may well be thoroughly investigated and when you 'lie' to USCIS that you don't know each other, your deliberate misrepresentation would be known right away. The penalty for misrepresentation is a life time ban from entering the US. You will never know how little or how much USCIS 'knows' about you, your travel or your fiance/wife. There is no statutes of limitation for crimes of immigration fraud. Ten years in the future it can come back to haunt you and strip your wife of citizenship, of her right to be in the US, or for you both to live together in the US. Is this what you really want to set into play for someone you love?

As said above, there is no gray area. You only have one legal choice and that is the one that won't come back to haunt you. If your fiancee is worth sponsoring to the US, she is worth doing it the right and legal way. It may involve short term pain of separation but the long term gains are worth it. The short term gains of illegal activity come with too big of a potential price tag; certainly an unacceptable price tag for someone you love.

I will also add the reminder that no one on VJ is going to suggest you take the illegal route. First, because VJ members are looking for the legal ways to have their partners in the US, and second because any sort of recommendation or advice on how to commit visa fraud (which is what the name of your 'gray area' is) is a violation of the Terms of Service for Visa Journey.

Save yourselves a lot of angst and potential heartache. You have a legal route for immigration. Use it and don't stop to think if there are 'quick fixes' that will bypass the process. USCIS has had far more experience at dealing with individuals pursuing that route than you will ever gain in a whole life time. Keep yourself squeaky clean from start to finish - that is the only real option for a long-lasting happy outcome.

Edited November 7, 2011 by Kathryn41

[Boiler 46,013]

I can think of quite a few people who have known each other outside the US and then adjusted having entered on the VWP or Tourist Visa.

I would suggest you consult with an Immigration Lawyer, you may well like what you hear.

[Jim N Augie 16]

Just to add to the comments already mentioned, every potential immigrant - whether from inside or outside of the US- is subjected to stringent security checks and background investigations. That means that their past may well be thoroughly investigated and when you 'lie' to USCIS that you don't know each other, your deliberate misrepresentation would be known right away. The penalty for misrepresentation is a life time ban from entering the US. You will never know how little or how much USCIS 'knows' about you, your travel or your fiance/wife. There is no statutes of limitation for crimes of immigration fraud. Ten years in the future it can come back to haunt you and strip your wife of citizenship, of her right to be in the US, or for you both to live together in the US. Is this what you really want to set into play for someone you love?

As said above, there is no gray area. You only have one legal choice and that is the one that won't come back to haunt you. If your fiancee is worth sponsoring to the US, she is worth doing it the right and legal way. It may involve short term pain of separation but the long term gains are worth it. The short term gains of illegal activity come with too big of a potential price tag; certainly an unacceptable price tag for someone you love.

I will also add the reminder that no one on VJ is going to suggest you take the illegal route. First, because VJ members are looking for the legal ways to have their partners in the US, and second because any sort of recommendation or advice on how to commit visa fraud (which is what the name of your 'gray area' is) is a violation of the Terms of Service for Visa Journey.

Save yourselves a lot of angst and potential heartache. You have a legal route for immigration. Use it and don't stop to think if there are 'quick fixes' that will bypass the process. USCIS has had far more experience at dealing with individuals pursuing that route than you will ever gain in a whole life time. Keep yourself squeaky clean from start to finish - that is the only real option for a long-lasting happy outcome.

[Anh map 2,098]

First, I will start with my direct question. And then give you a little background.

Question: if my girlfriend and I go the 'grey" 130/485 route, will immigration/customs be able to tell where I have lived the past 1.5 years? Can they tell which countries I have been to and how long I was there?

I am an American (w/USA passport) and for the last 1.5yrs I have been living in South America for several months at a time (leaving to work the others). I live with my girlfriend here. She currently has a valid 10y Tourist Visa which she has used once to travel to the US. We want to move to the states next year and contemplating going the 100% legit way or the grey area in the I130/I485 route. I ask because if we go the 130/485 route and claim we didnt know each other prior to her entering the USA, then we would have problems.

For the record, I am aware of the pros/cons with this route. This post isnt really meant to be about that.

Thanks for your time!

Lying is never worth the stress and anxiety. Why would you claim to have not known each other when proving a bona fide relationship is a key component. You seem confused about the process rather than well versed.

Do some reading here on VJ to learn the experience of others. For peace of mind do as Boiler suggested.

[ceadsearc 516]

A CR-1 takes 7-9 months and takes place abroad. If you aren't planning to have her move to the US for a year, wait a couple months and then when you are about 7-9 months from when you want to move to the US, file for the CR-1. You can continue to live in South America with her and then you can both move to the US together.

Even if it wasn't illegal, when you file for AOS you end up with an interview. You have to prove you have a bonafide marriage, tell the IO how long you've known each other, where you met, etc. Not only would that be a place for you to get tripped up, but it would look suspicious that your girlfriend came here, suddenly met an American, got married, and adjusted status so quickly. That's a red flag even without intent.

[GnBnL 50]

Agreed, do it right. Don't mess with customs.

On another note, as long as what you're doing isn't illegal, I don't think they care where you go outside of the US. Its not for them to patrol you when you're not in the country. I guess if you are a conpiracy theory person, you might disagree with me, but I wouldn't think they would care what other countries you've been living in besides your own.

[mapletree 33]

Assume they know everything. They probably do. I am a civilian with access to certain databases and you would be shocked at what I can dig up on people. I even have the ability to see if two people ever shared an address or even lived near each other.

One small lie with flag you forever.

Just play it straight.

[DerZinker 4]

Is there any reason to choose a more expensive way involving fraud and a possible ban for life from the U.S. (AoS) over the cheaper, correct way that will not 'cause you guys to wake up in the middle of the night, sweaty, afraid that at some point (AoS/RoC/N-400) your scam would be detected?

Why even contemplating something so dangerous if there's an easy, readily available path to do this?

Ok this is a little harsh, but still, dude has a point. Since you're living there anyway you might as well just bite your lip and go the 'legit' route. You will save a lot of money for one and also it's just more of a sure thing, whereas, if you go the 'grey area' as you say (like that description btw b/c I think that sums it up well), then you could potentially run into small problems and worst case scenario run into big problems.

Especially since you have a business there and it sounds like you can make your own hours and all that I think it's a great scenario to just take your time with the whole thing and do it the 'right way.' It'll give you plenty of opportunity to really do your homework here on VJ and ensure that you won't run into any hiccups down the road (and how to react if you do). I thought about doing what you proposed but I'm 6 years married and I figure since I'm here in Mexico with my family anyway, there's no need to take unnecessary risks.

[GnBnL 50]

Assume they know everything. They probably do. I am a civilian with access to certain databases and you would be shocked at what I can dig up on people. I even have the ability to see if two people ever shared an address or even lived near each other.

One small lie with flag you forever.

Just play it straight.

Just curious, they show you stuff outside of the US? that's messed up! big brother is watching! lol!