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Visitor visa adjustment to green card?

By s89mwg93 in Adjustment of Status from Work, Student, & Tourist Visas

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s89mwg93 Rookie

s89mwg93   0

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My boyfriend is taking me to the US (i'm a US citizen) and he's going on a visitor's visa. We will be living together for about 4 months. If at any time, for some reason, we happen to get married (we aren't intending to go to get married) will this be considered fraud? That is, if we knew each other previously and went to the US together?

trbasat Apprentice

trbasat   2

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted

How are you guys living together for 4 months? Does your boyfriend have an approved B2 visa? And yes the chance that you guys might run into trouble is very high. If you spent time together for 4 months it will be VERY hard to convince USCIS that you guys had no intentions of getting married.
Apart from that I don't believe it either. Don't cheat the system. It will bite you. Just spent some time together and if you guys feel like you want to get married apply for a K-1 and follow through with the process...

canadian_wife Grand Master

canadian_wife   1,829

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

What country is your boyfriend from? Does he already have a B visa? Are you both living abroad now?

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

s89mwg93 Rookie

s89mwg93   0

Posted
Filed: Timeline
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Posted

What country is your boyfriend from? Does he already have a B visa? Are you both living abroad now?

good luck

Korea. He has the 10 year visitor's visa. I have lived in Korea for the past 15 plus years and he's lived here his whole life. We practically live together now as well.

s89mwg93 Rookie

s89mwg93   0

Posted
Filed: Timeline
  • Author
Posted

How are you guys living together for 4 months? Does your boyfriend have an approved B2 visa? And yes the chance that you guys might run into trouble is very high. If you spent time together for 4 months it will be VERY hard to convince USCIS that you guys had no intentions of getting married.

Apart from that I don't believe it either. Don't cheat the system. It will bite you. Just spent some time together and if you guys feel like you want to get married apply for a K-1 and follow through with the process...

I actually have little experience living in the US and he has more friends there.. so he's planning on hanging around while I adjust. We don't have any intentions, we've joked about it, but we've never been serious. I was just thinking about the what ifs.

canadian_wife Grand Master

canadian_wife   1,829

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

So is he quitting his job to go to the US for 4 months?

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

s89mwg93 Rookie

s89mwg93   0

Posted
Filed: Timeline
  • Author
Posted

Using a visitors visa to enter the US with the intent to stay is fraud.

We have no intention for him to stay, but.. just if... we do happen to get married, and we go in for an interview would the fact that we've been dating previously for some time affect the chances of being given the green card?

trbasat Apprentice

trbasat   2

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted

Not necessarily. The bigger issue would be the fact that he is staying for 4(!) months. That's a pretty long time. It won't be easy to convince them that the marriage just happened spontaneously if he is there for that amount of time..

s89mwg93 Rookie

s89mwg93   0

Posted
Filed: Timeline
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Posted

Not necessarily. The bigger issue would be the fact that he is staying for 4(!) months. That's a pretty long time. It won't be easy to convince them that the marriage just happened spontaneously if he is there for that amount of time..

Well, he has enough money to stay for four months. If, not that we are, were to get married with him on a tourist visa.. would it be less suspicious if he were there for a shorter amount of time?

inlovesalem Enthusiast

inlovesalem   17

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

My story............

I came down in Dec 2012, for a two week visit over the holidays, he asked me to stay (I too had a job that was flexible) longer when I was packing to head back "home", so after talking some I decided to stay. As I was getting stuff packed slowly to head home again about 3 weeks before my B2 was up, he asked me to marry him, and we did 3 weeks later.... And here we are adjusting.

We had no intent at the time as it was suppose to be just a Holiday visit, for two weeks.....

You are already talking about the possibility and him coming over for a 4 month stay. That's going to be a hard one to deny if you do get married.

Edited by inlovesalem

2008 Met on FB through mutual friends (platonic)
05/2012 Decided to "give it a try" after some mutual flirtations
07/2012 Met in person
08/06/2013 Proposed
21/06/2013 Married
10/09/2013 Sent I-130/I-485
19/09/2013 Cheques Cashed
23/09/2013 Hard copy NOA1
21/10/2013 Biometrics Appt Lawrence MA

21/10/2013 RFE for I-864 only, send tax transcripts and a bunch of other redundant info due to missing tax forms..ugh...

29/10/2013 Send in all required RFE Documents (hold up waiting for IRS transcripts)

31/10/2013 Online status changed to RFE response review

12/12/2013 Status changed to Testing and Interview and EAD sent out 10th, AP approved the 5th FINALLY!!!!!

14/12/2013 EAD/AP Combo received in mail smile.png

18/12/2013 Online Interview date of January 23/2014, instructions sent in mail.

23/01/2014 APPROVED...Green Card being sent in mail, no stamp in passport

29/01/2014 Received Welcome Letter

30/01/2014 Green Card Received babayyyyy!!

01/02/2014 Returned Green Card...Mistake on dates

s89mwg93 Rookie

s89mwg93   0

Posted
Filed: Timeline
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Posted

My story............

I came down in Dec 2012, for a two week visit over the holidays, he asked me to stay (I too had a job that was flexible) longer when I was packing to head back "home", so after talking some I decided to stay. As I was getting stuff packed slowly to head home again about 3 weeks before my B2 was up, he asked me to marry him, and we did 3 weeks later.... And here we are adjusting.

We had no intent at the time as it was suppose to be just a Holiday visit, for two weeks.....

You are already talking about the possibility and him coming over for a 4 month stay. That's going to be a hard one to deny if you do get married.

Ah, I see. I feel like we'll end up being like that as well...

I see what you mean that four months sounds kind of odd, but it's because we have enough saved up to have him stay that long. Thank you so much for the good info!

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

OP, if you want to marry your boyfriend and stay in the US, he will need to obtain the proper visa prior to moving.

**Moderator hat on**

***This thread is now closed; do not restart it.***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
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