filling the I-130 then the I-485 in the USA can be considered fraud!

[Soapz 14]

Robby, nobody here will tell you that your plan - whatever it will turn out to be at the end - is going to work and here is why:

Technically, any entry into the US where the one entering is not upfront and completely open about the circumstances, can be perceived as fraudulent if the one entering adjusts status to PR even though his visa does not allow immigrant intent. Do we understand why people consider this step? I think we do, the real question though is: will the USCIS officer who will conduct the interview understand?

Option A: The generous IO might ignore the circumstances of the entry and won't give you guys a hard time and you'll be fine.

Option B: The IO has had a crappy day, wrecked the car on his way to work and he decides to take it out on you. In this case you might have a serious problem which ends in denial of the petition.

Most of us here are playing by the rules and therefore advise you to do the same. At the very end it is up to you. Just keep in mind, no matter how smart you think you're playing this, there might be an IO out there who decides you weren't smart enough and puts an end to your plans. I'm not sure I would risk my plans for the future like that. Maybe it would help you to make an informed decision, by going through a worst case scenario and how that would impact you and your wife.

[Obc333 24]

Seem to me like you're trying to find a way to let your wife stay here even after her time is up. Sounds like fraud was already committed in that she didn't say she was married, being romantically involved means a lot of things and that's why that answer was used instead of saying I'm married. Sometimes these things will come back to haunt.

If she plans to go back home whats the problem?

[GandK 168]

Here is one of the untold stories about AOS denied because of visa fraud suspect

http://www.visajourney.com/forums/topic/345924-usc-married-f-1-student-and-applied-for-aos/

Maybe it will turn out fine, maybe it won't.

It's like gambling, the stake is your entire future. Let's say the odd is good and the risk of getting AOS denied based on intent is pretty small.

How small the risk would it make you comfortable to gamble your future 10%? 5%?

if you lose your partner will be deported and very likely banned for a very long time. That is a pretty big stake for anyone.

I personally don't like to gamble my future, so I do things the legal and bullet proof way ( which is already stressful, taking long time enough)

[Used to be broken 147]

"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time."

I married a Romanian woman who now lives in France. We got married over 2 years ago in Romania.

She wants to travel and visit me for a 2 month vacation. She has a USA visa that expires in 9 years and allows up to a 6 month stay.

We may decide to file for the I-130 then the I-485.

is this a good option or what?

because there are no guidlines on how this would be considered fraud even if my Wife intends to only visit me.

Here is where the train always leaves the rails on these issues IMHO.

I have lived lots of places in the world, but each time I relocated "semi-permanently" (as I keep moving for some reason), I took steps to effect the move, ie: served notice to my employer, my landlord, utility companies, had household goods shipped to the new location, packed a suitcase, took important documents and photo's with me. etc. etc.

You are playing with a hot potato here because your wife is married to a US Citizen, which generally speaking USCIS sees as "intent to immigrate",

if you file I130 "if" she gets through POE yet again without a secondary interview and "if" you file the AOS packet there is a potential to

run into a snag.

Is there case law that allows AOS even if "intent" to immigrate is proven? Yes.. what is not discussed is the COST of such a problem with USCIS. Call around and see what an attorney will charge "if" things go badly and how long it will take to straighten things out, and make an informed decision on how you want to approach this.

If its your plan to file the I130 do it, whenever, now, while she is here or later ... but when she comes here have a return ticket and have her leave for the interview. Its far less expensive and stressful to do it that way than have a problem hanging over your head.

[A and T 82]

Just have her visit you , with no "intent" to marry. But of course, if it just happens well, then its perfectly legal...

[mr and mrs 187]

prior intent (evidence by the reasearch being done about options for helping his wife to immigrate) coupled with possible material misrepresentation (talking around the fact that she was, on previous visits, entering to visit her husband) do not a happy immigration official make.

[keysjangle 145]

Things got really complicated, goodness :|

Here's how it works:

1) She comes to visit. You two sit down and go over options, maybe start looking at guides, fees, forms etc.

2) Decide on a plan of action.

3) She goes home.

4) If you so choose, you can begin the IR-1 (since you've been married for more than two years) process from the U.S.

Things only go wrong when lying is involved. I once got a lecture from a CBP officer for not having started the Visa process already while on my way to see my husband. I knew he was right but I played "dumb" and thanked him for the great advice. I told him we were married, I answered all his questions honestly but also had documents proving ties back to Canada (so I could show that I have no intent to immigrate on the B-2 Visa I got.) We filed in the following weeks and then I went home two months later, and I haven't been back since.

Don'ts:

- She shouldn't lie and say you are just her boyfriend

- She shouldn't volunteer information that isn't asked of her

- She shouldn't ramble on with CBP; stay short and to the point

Dos:

- She should be pleasant (things with CBP always go better with a smile on your face, "pleases", and "thank yous")

- Be honest at all times (if you have nothing to hide or be nervous about, honesty isn't an issue)

- Have all her travel documents and any ties back to her country ready and at hand (I always place them on the counter so even if I'm not asked for them, CBP knows they are there, and if they do ask they are right at hand)

I have traveled frequently to the U.S., so all of this advice comes from experience. The process isn't as f*cked up as it seems once you've done lots of research, experienced it and read what others have gone through. Good luck.

Edited January 28, 2012 by Gervl

[RobbyUSA 26]

well I will tell you if she was to visit me again I would make sure that she tells the POE (customs I think) that she is here to visit her Husband (me). I just don't like the idea that she may be turned back and we would be down $1000 cash for an airplane ticket!

the system is flawed because they tell you ahead of time.... we may let her in.... or we may not with no specific guidlines.

so I think for "peace of mind" etc.... we are better off not doing it even if the intent is for her to only visit me because it's always safer even if you are being honest to play there game!

thanks everybody for your help. I will make another post to this thread after I hear what my Lawyer has to say. The lawyer knows it will be a long shot that she ever gets any money from us because she knows already that we can't afford her... but she seems happy about giving out free advice knowing we may end up paying her for some type of service later on down the road. She is an immigration lawyer.

[PleaseDeleteAcct 7]

well I will tell you if she was to visit me again I would make sure that she tells the POE (customs I think) that she is here to visit her Husband (me). I just don't like the idea that she may be turned back and we would be down $1000 cash for an airplane ticket!

the system is flawed because they tell you ahead of time.... we may let her in.... or we may not with no specific guidlines.

so I think for "peace of mind" etc.... we are better off not doing it even if the intent is for her to only visit me because it's always safer even if you are being honest to play there game!

thanks everybody for your help. I will make another post to this thread after I hear what my Lawyer has to say. The lawyer knows it will be a long shot that she ever gets any money from us because she knows already that we can't afford her... but she seems happy about giving out free advice knowing we may end up paying her for some type of service later on down the road. She is an immigration lawyer.

It's true that there's a chance they may not like the answer that she is there to visit her husband. BUT if she has a return ticket home, proof of a job or schooling saying she is expected back on a certain date, or have her show that she has a doctors appointment or meeting or something on a date after her return home... something so they know she is planning to go home..... or even that she explains to the POE (yes, customs) that she is coming to visit you for xxx amount of time and that while you are together you plan to get all of your documents together and sorted out to apply for your i-130 petition, then she is returning home (proof is her return ticket or itinerary printed from the airline that she has sched a flight back) to wait for the petition to be processed and to apply for the visa while she is in her country.

THAT is legal....

then once she is approved, she can come back with no problems, visa in hand and enter as a legal permanent resident and since you have been married for more than 2 years she would be granted an IR-1 visa allowing for a 10 yr greencard.

I wish you luck...

(and as others said... filling out the i-130 petition while she is here is fine, as long as she goes home before her visitors visa expires... the "fraud" part comes when you file the Adjustment of Status for her to stay here if you both intended on her staying. just don't lie about your intentions and all should be fine. it's a long process, but if you do it right you are risking MUCH less than a "small lie" that MIGHT lead to her being banned)