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Filed: Timeline
Posted

I am a U.S. citizen. I studied abroad in Europe for a few years and met a girl. We dated for 2.5 years. Then, I decided I want to come back to the U.S. and open my own business. In April 2011 I returned, that June I opened up my business. End of June, I invited my girlfriend to visit me. She got a multipe-entry 10 year tourist B2 visa, I94 stated she can stay for 6 months since it was her first visit to U.S.

She spent 5 months and 20 days here with me and my family and then returned to her home country in Europe. So, just recently we were seperated for 4 months because we wanted to stick to the rules. We were really thinking of getting married the next time she comes to visit. Unfortunately, a few days ago on her 2nd visit, the I94 states only 30 days. The immigration officer was so rude and inconsiderate and even stated NO EOS COS AOS.

We don't understand why this was such a cruel judgement by the officer as we didn't do anything wrong. Our plan was to get married but now we feel that it might be suspicious getting married after only a few days and requesting ADJUSTMENT OF STATUS, considering the 30/60 day rule. We really want to be together and would prefer not taking the fiance visa route because that means we won't be together for a long time (considering the fiance visa wait time could be from 6 months and up to 2 years).

We would like to know if there is any way to go about this because we can prove that we are together for 3 years now- we are a legitimate couple and only want to be together.

How can we go about finding out our rights? Should we request an extension and where? When do we file a status change? How can we fix our situation without breaking any laws?

We only have 20 days now to figure something out so that we can stay together. Please help. thanks in advance!

Posted

If your plan was to get married, you can't adjust. Entering with intent to adjust is visa fraud, and with CBP's notation you could be looking at misrepresentation as well if try it. AOS is for changes in circumstances, not to avoid the K-1 or CR-1 process.

Additionally, a foreigner can typically only stay 6 months out of a 12 month period in the US. Immigration wants to see you out more than you are in. If your girlfriend already spent nearly 6 months in the US it's not surprising she was given a short stay.

The only legal thing you can do is either file for the K-1 or marry and file for the CR-1. Either way she will need to return home before her I-94 expires.

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11.04.2010 - Text/Email (2nd) - EAD card sent for production
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Filing in November 2013

Filed: Timeline
Posted
  On 4/7/2012 at 2:56 AM, ceadsearc said:

If your plan was to get married, you can't adjust. Entering with intent to adjust is visa fraud, and with CBP's notation you could be looking at misrepresentation as well if try it. AOS is for changes in circumstances, not to avoid the K-1 or CR-1 process.

Additionally, a foreigner can typically only stay 6 months out of a 12 month period in the US. Immigration wants to see you out more than you are in. If your girlfriend already spent nearly 6 months in the US it's not surprising she was given a short stay.

The only legal thing you can do is either file for the K-1 or marry and file for the CR-1. Either way she will need to return home before her I-94 expires.

Thanks for the reply. Don't I have any rights or benefits for being a U.S. citizen- and able to marry who I want and be with that person?

The reason for her coming here wasn't to get married, this was just something we had in mind and now we are sorry we didn't do it the first time she was here. She came because:

1) we want to be together, we weren't together for 4 months

2) my sister will be delivering a baby shortly and she wants to be present to help out with everything

3) we have planned and already paid for trips to california and florida (siteseeing, etc.)

What would happen if she overstayed shortly like a month or two (to avoid assumptions of intent to marry) and we married and filed for adjustment of status? I read somewhere that overstaying up to 6 months does not result in a ban- but she would lose the tourist b2 visa.

WE REALLY JUST WANT TO STAY TOGETHER. IS THERE ANY WAY SHE CAN STAY AND AVOID GOING BACK BEFORE THE I94 EXPIRES?

Posted

You can marry whoever you want (well, almost) and whenever you want, there is nothing stopping you from doing that - what USCIS cares about is what happens after the marriage.

I agree with ceadsearc - given the annotation made in her passport, personally I would think that proceeding with AOS is too big of a risk. Material misrepresentation can not only lead into a denial, but carry a lifetime ban.

You can be together, no one is stopping that. You can get married and file the I-130 as soon as possible, and continue with the CR-1 spousal visa route. She will have to return to her home country once her authorized stay is expiring and wait out the process back home, but once the visa is issued and she uses it to enter the US, she will immediately become a permanent resident.

She should not overstay her visa - that is never a good idea. Also, there really is no such thing as 30/60 rule. In reality, nothing is stopping you from marrying and filing for AOS within the US, but before taking that route you really need to consider if you're willing to take the risk of possible ban to the US for her in stead of going the safer CR-1 route, which would mean being separated for some months, but is most definitely much safer in your situation.

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02/11/2011 Married at Manhattan City Hall

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03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

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06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Filed: Timeline
Posted
  On 4/7/2012 at 3:35 AM, Little_My said:

You can marry whoever you want (well, almost) and whenever you want, there is nothing stopping you from doing that - what USCIS cares about is what happens after the marriage.

I agree with ceadsearc - given the annotation made in her passport, personally I would think that proceeding with AOS is too big of a risk. Material misrepresentation can not only lead into a denial, but carry a lifetime ban.

You can be together, no one is stopping that. You can get married and file the I-130 as soon as possible, and continue with the CR-1 spousal visa route. She will have to return to her home country once her authorized stay is expiring and wait out the process back home, but once the visa is issued and she uses it to enter the US, she will immediately become a permanent resident.

She should not overstay her visa - that is never a good idea. Also, there really is no such thing as 30/60 rule. In reality, nothing is stopping you from marrying and filing for AOS within the US, but before taking that route you really need to consider if you're willing to take the risk of possible ban to the US for her in stead of going the safer CR-1 route, which would mean being separated for some months, but is most definitely much safer in your situation.

Thank you- we now much better understand. Just one thing- can you please explain a little more in depth regarding these points that you mentioned:

1) USCIS cares about what happens AFTER the marriage

2) material misrepresentation leading to denial, possible lifetime ban

If this is about proving our intentions of marriage- we are a legitimate couple and can prove from 3 years back our relationship is real and in good faith

thanks

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

1. Means you can get married- but she cannot stay. The immigration fraud isn't the wedding/ marriage, it is coming to the USA with the intention of marrying AND STAYING. That is trying to get around the legal paths of a fiance or spousal visa.

2. The CBP at the airport was clearly suspicious of her intentions, hence what he wrote in her passport. If she now tries to Adjust Status, she will very likely banned, possibly a lifetime ban for, essentially "serious lying to immigration". Not a good thing!

Get married as you planned, have her return on day 29, and file the spousal visa paperwork asap. She should still be able to visit while the paperwork is getting processed, and you can visit her too.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Timeline
Posted
  On 4/7/2012 at 11:05 AM, Penguin_ie said:

1. Means you can get married- but she cannot stay. The immigration fraud isn't the wedding/ marriage, it is coming to the USA with the intention of marrying AND STAYING. That is trying to get around the legal paths of a fiance or spousal visa.

2. The CBP at the airport was clearly suspicious of her intentions, hence what he wrote in her passport. If she now tries to Adjust Status, she will very likely banned, possibly a lifetime ban for, essentially "serious lying to immigration". Not a good thing!

Get married as you planned, have her return on day 29, and file the spousal visa paperwork asap. She should still be able to visit while the paperwork is getting processed, and you can visit her too.

Thanks Penguin, unfortunately I can not leave the US to visit her because I have to manage a very active business. This is ridiculous- 4 months not seeing each other and now who knows how long we won't see each other as the spousal visa paperwork gets processed! How long does this take on average? Say we marry tomorrow, file the spousal visa and she returns day 29.

First time, she got 6 months and stayed 5 & 20 days. She stayed in her country 4 months. Second time, she got 1 month and will also stick to the rules and return on time.

When is the best time for her to try to come back to the US with her tourist visa? Can we go by the rule, no more than 6 months in 1 year - meaning she could come back 1 month after being in her country? Would it help if she went to a different airport so she doesn't run into the same CBP?

Filed: Timeline
Posted

I am a U.S. citizen. I studied abroad in Europe for 7 years and met a girl. We dated for 2.5 years. Then, I decided I want to come back to the U.S. and open my own business. In April 2011 I returned, that June I opened up my business. End of June, I invited my girlfriend to visit me. She got a multipe-entry 10 year tourist B2 visa, I94 stated she can stay for 6 months since it was her first visit to U.S.

She spent 5 months and 20 days here with me and my family and then returned to her home country in Europe. So, just recently we were seperated for 4 months because we wanted to stick to the rules. Unfortunately, a few days ago on her 2nd visit, the I94 states only 30 days. The immigration officer was so rude and inconsiderate and even stated No EOS COS AOS.

We would like to know if there is any way to go about this because we can prove that we are together for 3 years now- we are a legitimate couple and only want to be together. We want to marry and we want to live in the US.

Should we marry then file for DCF, K1 , K3 , or CR-1 ? Does she have to wait in her country or can she wait for the paperwork processing here?

*I lived in her country for 7 years- I am a citizen there and still an enrolled college student (just paused a year) and have proof that I lived there up to 1 year ago.

We only have 20 days now to figure something out so that we can stay together. Please help. thanks in advance!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

You are not a legal resident of her country (citizen maybe, but you currently live and reside in the US) so DCF is not available to you.

She's been given 30 days, so she must return to her country, especially with the markings in her passport. She probably only got 30 days because she had apent 5 months and 20 days in the US so recently.

So now you have to decide what is best for you. Marry in the US and submit the paperwork for the CR-1 spousal visa (no more K-3) or file for the fiance visa. Regardless of what you file for, she needs to return.

Good luck

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Filed: Timeline
Posted
  On 4/7/2012 at 1:08 PM, canadian_wife said:

You are not a legal resident of her country (citizen maybe, but you currently live and reside in the US) so DCF is not available to you.

She's been given 30 days, so she must return to her country, especially with the markings in her passport. She probably only got 30 days because she had apent 5 months and 20 days in the US so recently.

So now you have to decide what is best for you. Marry in the US and submit the paperwork for the CR-1 spousal visa (no more K-3) or file for the fiance visa. Regardless of what you file for, she needs to return.

Good luck

Thank you. Should we file the CR-1 while she is still here or when she arrives in her country? When is the next time she can visit the US (giving her US visiting history) while we are waiting for the spousal visa paperwork to process about 9 months? Dully noted, is her next visit going to be with the tourist b2 visa she holds currently?

Filed: Citizen (apr) Country: Uganda
Timeline
Posted

You're really not going to get anywhere here trying to get people to agree with you that breaking the rules is perfectly okay because you really, really, really want to be together and can't stand being separated and being separated will mess up your plans, considering that you are talking to people who in many cases have been separated for a lot longer than you have, haven't been able to spend nearly as much time together as you have (due to having fiances/spouses from countries where US tourist visas are not an option), and are going the legitimate route and dealing with it. Not to mention, having convinced VisaJourney of something doesn't carry a lot of weight with anyone in the immigration-related parts of our government.

So, your options are:

*get married now, she goes back at the proper time, she returns when the CR-1 paperwork comes through (8-10 months) and can visit meanwhile (lucky!)

*she goes back, you apply for K-1, she returns to marry you when the paperwork comes through (6-8 months), and can visit meanwhile (lucky!)

Joy (& Aaron, who doesn't read/post here yet)

Dec. 27, 2010: First met each other in Entebbe, Uganda while I was visiting my friend/his cousin (12/27/10 - 1/10/11) (visited again Jul. 2-9, 2011 and Dec. 24, 2011 - Jan. 9, 2012; engaged 1/7/12)

K-1

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Oct. 24 - Nov. 8, 2012: I visited again (Nairobi: medical 10/31; interview 11/5 [NOA1 +256 days]; result--APPROVED!!!!!!!)

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Apr. 3, 2013: EAD & AP approved (received card 4/11)

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ROC

2015 sometime? I've slept since then.

Naturalization

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Sept. 16, 2020: interview, Boston (approved)

Sept. 24, 2020: oath ceremony, Boston---DONE!!! (279 days from submission)

230Hm5.pngxrcBm5.png

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Spousal visa takes 7-10 months.

She can try and come back the day after she leaves, but the general rule is you should spend more time outside than inside the USA- that is probably part of the reason she only got a month this time, because after spending almost 6 months in the USA last time, she was only outside 4 months (They will also question how she can afford to be in the US for so long, not working.). So I would probably wait two months at least before trying again. She should also bring ties to her home country next time she enters- letter from employer, enrollment in uni, bills, lease etc, to show she intends to return. Your NOA1 (proof you have filed for the spousal visa) may help too, because it shows you intend to do things the legal way.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

I would suggest that you get married straight away and then file the I-130 as soon as it is ready. It doesn't matter if she is still in the US when you do that.

I don't think anyone can tell you for certain when she can next visit because her entry will always be at the discretion of the CBP. Yes, she should be able to use her existing tourist visa but, particularly with her recent history, she should bring strong evidence of her ties to home as she may need to convince the CO that she is not intending to stay - and with a USC spouse that will be even more difficult. Having said that, many people have successfully visited during the process, there are just no guarantees.

The last time I came in as a visitor I was taken into secondary processing and, although I was admitted that time, I was warned that I would not be allowed in again under the VWP. We were married a month later and filed the I-130 just before I went home. I received my visa in just under 8 months. It was a long wait but many people on here are going or have been through it (and some have to wait much longer than the usual 8 to 12 months). But we got through it and so will you and in the end it will all be worth it.

01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

 
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