US Citizen filing for a B1/B2 spouse

[bostonian2013 3]

My friend (a US citizen) married his wife overseas (an already B1/B2 visa holder). She's now in the US (granted a 6-month stay) living with him.

What steps and paperwork needed for him to adjust her status?

Edited August 14, 2013 by bostonian2013

[Pitaya 2,577]

Welcome to the forum.

Consider having your friend review the enclosed important link:

http://www.visajourney.com/content/i130guide2

[mariepear 12]

He needs to file I-130 for her

[bostonian2013 3]

He needs to file I-130 for her

Will they need to get married here before applying for the I-130? Becasue she's entered the US as single.

My friend (a US citizen) married his wife overseas (an already B1/B2 visa holder). She's now in the US (granted a 6-month stay) living with him.

What steps and paperwork needed for him to adjust her status?

Thank you.

[JohnR! 5,495]

Will they need to get married here before applying for the I-130? Becasue she's entered the US as single.

Thank you.

If they already married overseas they do not need to get married again, nor can they, for they are already married.

The catch-22 here is that had she declared her intentions of entering the US to be with her husband and get a green card she would have been rejected. It would seem odd that 'she entered the US as single' unless specifically asked, in which case she misrepresented herself to a CBP officer, an act considered immigration fraud.

The correct manner for her to get her greencard is for her husband to request an immigrant visa for her - I-130 - and for her to return home and comply with the requirements of the process. She can stay in the US as a tourist for as long as her I-94 permits. I believe that if she were to apply for AOS based on her marriage the USCIS might suspect foul play, for it would denote intent.

[mariepear 12]

Yes, she needs to go back home when her Tourist visa expires...They can send the I-130 now, it will take months before she needs to go to the interview in her country. She needs to get her CR1 visa before she can adjust her status... She definitely needs to leave US to do that.

[mariepear 12]

Here are the complete instructions:

http://www.visajourney.com/content/i130guide1

[bostonian2013 3]

Thank you all for your responses. What if she changed her status to that of F1 (student visa), will she have to leave the US to adjust status?

[JohnR! 5,495]

Thank you all for your responses. What if she changed her status to that of F1 (student visa), will she have to leave the US to adjust status?

She might be able to adjust her status to F-1 stateside so long as she enrolls in a school that issues I-20 forms and that she actually keeps her attendance at school.

[NikLR 13,227]

***moved to what visa do I need forum from IR1/CR1 progress reports***

***organizer hat off***

What I see are people asking how to circumvent the law... Just my personal opinion.

[vegasbound 83]

Not that it's impossible to get a 6-month stay on a B1/B2 visit but it's highly uncommon, especially since she is already married to a USC.

What did she state as her intent to stay for 6 months upon entering the US? She's married to a USC and obviously if she plans to stay for that long, she's no longer employed in her home country thus having one less major tie that would compel her to return home.

The OP first stated that his friend already married his wife and then he asked "Will they need to get married here before applying for the I-130? Because she's entered the US as single." So did they get married BEFORE or AFTER she entered the US? If they got "married overseas", how did she enter the US as single?

I agree with NLR, the OP's intent is questionable.

[bostonian2013 3]

Not that it's impossible to get a 6-month stay on a B1/B2 visit but it's highly uncommon, especially since she is already married to a USC.

What did she state as her intent to stay for 6 months upon entering the US? She's married to a USC and obviously if she plans to stay for that long, she's no longer employed in her home country thus having one less major tie that would compel her to return home.

The OP first stated that his friend already married his wife and then he asked "Will they need to get married here before applying for the I-130? Because she's entered the US as single." So did they get married BEFORE or AFTER she entered the US? If they got "married overseas", how did she enter the US as single?

I agree with NLR, the OP's intent is questionable.

They got married overseas. She obviously couldn't tell the officer that her husband is a US citizen who's in the US. That would blow her chance of getting addmited. I guess my friend went this route to have his spouse quickly join him and to avoid the long CR1 process.

What are his options now?

[Ozz777 23]

They told you what their "legal" options are. She can stay until her tourist visa expires, they can file her I130 petition now, and she can complete the process back in her home country, just like every other married immigrant has to do. You won't find a lot of support here for helping people to commit visa fraud, which you've already admitted your friend and his wife have done upon her entering the US fraudulently by lying to the CBP officer at POE.

[bostonian2013 3]

They told you what their "legal" options are. She can stay until her tourist visa expires, they can file her I130 petition now, and she can complete the process back in her home country, just like every other married immigrant has to do. You won't find a lot of support here for helping people to commit visa fraud, which you've already admitted your friend and his wife have done upon her entering the US fraudulently by lying to the CBP officer at POE.

I gather that you're judging here. I am not looking for support to help people with whatever you're claiming....I am just trying to help my friend do the right thing. I don't know what she told the officer upon entry nor do I care.

[Ban Hammer 13,345]

I gather that you're judging here. I am not looking for support to help people with whatever you're claiming....I am just trying to help my friend do the right thing. I don't know what she told the officer upon entry nor do I care.

your friend's spouse has already muddied the water by entering as "single" - that is misrepresentation.

as for what the steps are to remedy this, i suggest you reread the previous posts. her best recourse is to go back to her home country, follow the proper process for cr-1, and both spouses stop trying shortcuts.

no one here will advise you on how to commit fraud as that can earn a member admin action.

By way of example, and not as a limitation, you agree that when using the Service, you will not:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

http://www.visajourney.com/content/terms

this thread is now closed. do not restart this thread under penalty of admin action.

charles

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