Adjustment of status for tourist husband

[Rimpz 7]

Me and my husband had an arranged marriage on July 13. We were introduced in April and fell madly in love. I was constantly on the phone for like 6 hours a day, everyday. My parents didn't want us to do anything foolish so they asked my husband (fiancé at the time) to get a visa and they will arrange our marriage soon. He was in Canada on a student visa. He had been on a student visa in the states in the past but never violated the terms if visa left at timely manner. Anyways he answered everything truly in his visa application that he was coming to visit me and that we plan to vacation in California. Which we did. He just didn't mention we were getting married. We got married a week after he arrived. Anyways it's only been 2 weeks since our wedding but I am pregnant. I want to apply for adjustment of status for him so he can legally live here and take care of us. Other then not mentioning marriage he has never broken any laws in the states or anywhere else.

I am just pregnant and scared of having to be away from my hubby in this condition. Any advice on how to proceed would be helpful.

[JohnR! 5,495]

Other then not mentioning marriage he has never broken any laws in the states or anywhere else.

However, by not mentioning his intention to marry you and stay in the US, he could be denied AOS on the grounds of attempting to commit immigration fraud.

Misrepresenting oneself or lying to a CBP office is considered immigration fraud, as is entering the US on a non-immigration visa with the intent to stay and AOS.

The correct way to handle his situation is for you to file a petition for an immigrant visa for him. You can do that while he is here and he can stay as long as stated in his I-94 but he should consider returning home and completing the process there. At the end of the process he will be given an immigrant visa with which to enter the US and establish residence.

Here is the link to the USCIS site for IR requests: http://travel.state.gov/visa/immigrants/types/types_1306.html

Congratulations and good luck!

Edited July 30, 2013 by Gegel

[newacct 688]

However, by not mentioning his intention to marry you and stay in the US, he could be denied AOS on the grounds of attempting to commit immigration fraud.

Misrepresenting oneself or lying to a CBP office is considered immigration fraud, as is entering the US on a non-immigration visa with the intent to stay and AOS.

The correct way to handle his situation is for you to file a petition for an immigrant visa for him. You can do that while he is here and he can stay as long as stated in his I-94 but he should consider returning home and completing the process there. At the end of the process he will be given an immigrant visa with which to enter the US and establish residence.

Here is the link to the USCIS site for IR requests: http://travel.state.gov/visa/immigrants/types/types_1306.html

Congratulations and good luck!

The OP didn't say her husband intended to stay and AOS, only that he intended to get married.

Me and my husband had an arranged marriage on July 13. We were introduced in April and fell madly in love. I was constantly on the phone for like 6 hours a day, everyday. My parents didn't want us to do anything foolish so they asked my husband (fiancé at the time) to get a visa and they will arrange our marriage soon. He was in Canada on a student visa. He had been on a student visa in the states in the past but never violated the terms if visa left at timely manner. Anyways he answered everything truly in his visa application that he was coming to visit me and that we plan to vacation in California. Which we did. He just didn't mention we were getting married. We got married a week after he arrived. Anyways it's only been 2 weeks since our wedding but I am pregnant. I want to apply for adjustment of status for him so he can legally live here and take care of us. Other then not mentioning marriage he has never broken any laws in the states or anywhere else.

I am just pregnant and scared of having to be away from my hubby in this condition. Any advice on how to proceed would be helpful.

• If, when he entered the U.S., he intended to marry you, but didn't intend to stay in the U.S. or file for a green card, and then, after he found out you got pregnant, he changed his mind and decided to stay and adjust status, he's 100% okay.
• If, when he entered the U.S., he intended to marry you and also stay and adjust status, that is visa fraud. However, some people on this forum believe that even in this case the AOS will not be denied.

Edited July 30, 2013 by newacct

[JohnR! 5,495]

The OP didn't say her husband intended to stay and AOS, only that he intended to get married.

• If, when he entered the U.S., he intended to marry you, but didn't intend to stay in the U.S. or file for a green card, and then, after he found out you got pregnant, he changed his mind and decided to stay and adjust status, he's 100% okay.
• If, when he entered the U.S., he intended to marry you and also stay and adjust status, that is visa fraud. However, some people on this forum believe that even in this case the AOS will not be denied.

According to the OP he did not disclose that to the USCIS which is considered misrepresentation. I was only alerting her to the fact that he is already on the wrong side of the immigration law. That he married her after a week of his landing, as a result of an arranged marriage, might probably raise a red flag, for he certainly did not declare that to be the reason for his visit to the US upon arrival.

AOS is always denied in the case of visa fraud. When it is not denied, as you say, it is only because some manage to get away with the USCIS not finding out about it. That however does not change the fact that it is fraud all the same.

[Harpa Timsah 13,258]

Did he admit you were a significant other in his visa application?

[Rimpz 7]

He admitted he was coming to visit me and I was purpose