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HelloHallo

Trying to avoid Visa Fraud: Please Help

By HelloHallo in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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HelloHallo Newbie

HelloHallo   0

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Filed: Country: Switzerland
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If you can help I'd be so grateful :)

About us:

Me: American Citizen

Husband: Swiss Citizen

Okay, so we live in Switzerland and want to move to the US. I've researched our options and we DO NOT want to go through Consular Processing. We want to go to the US ASAP.

Therefore we thought we would move there and go through Adjustment of Status.

The problem is that we don't qualify for a dual-intention-Visa (K1 for example, which we don't qualify for because we're already married). Would it be Visa Fraud to allow via Visa Waiver Program to "visit" the USA and during the 90 days there, apply for Adjustment of Status?

Is that too risky? Would it be better to apply for an Immigrant Visa?

THANKS SO MUCH!

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HelloHallo Newbie

HelloHallo   0

Posted
Filed: Country: Switzerland
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Yes, it will clearly be visa fraud. It is would be much better to apply for immigrant visa - what do you think are they for ?

You're totally right. I just found out about K-3 Visas and am deleting this post. I didn't know they had K3, only K1s.>.< XD Thanks anyways!

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Penguin_ie Grand Master

Penguin_ie   5,993

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Filed: Citizen (apr) Country: Ireland
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Yes it would be visa fraud.

K3s are obsolete, you'd be looking at a CR-1 spousal visa. It takes 9+ months, but your husband can visit on the visa waiver program in the meantime.

I'll be locking this thread as you know now you can;t Adjust Status.

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.

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