Getting married on a Tourist Visa while waiting on I-129f & adjusting status

[Dave&Roza 748]

My fiance was granted a tourist visa to visit me in the US while our I-129f processes. I was present during her tourist visa approval advising of our fiance visa which was in process and on the D-160 she requested a 6 month trip to the US. Tourist visa was granted and we traveled together to the US. I was present with her during the interview with the CBP officer and our intentions stated was that we were requesting that she remains in the US the 6 months while our fiance visa processes and that she was to return to her country for the remaining process (medical, interview, etc). We were in possession of her RT airfare because that was our intentions.

However, now that she is here, what if we file an AOS??? Intentions upon entry were to comply with the I-129f (accepted, check cashed, current status is the initial review)

Based on what you have stated. IF you get married and file for AOS while she is in the US, then you lied to the USCIS when they granted the tourist visa and you lied to the CBP when you were inspected at the POE. You state you would folow thru with the pending I-129F. This is misrepresenation and your finacee can receive a life time ban of being allowed to enter the US. Is it worth the risk? Up to you. I would check her passport to see if anything is annotated about being able to file for AOS.

Dave

[Merrytooth 5,748]

Mind changing (note, moments after baggage claim, which seems to be a constant) only makes it harder for others in the future to get b2 visas...you and your fiancee wanted the vo to believe and trust you....now what? Recently, I found out that one of my employees did the same thing....lied to get a tourist visa for her foreign fiancee...they married 2 days after he arrived...I fired her two days later. I don't have much patience (none) for those who cheat our system and fully expect to be rewarded for doing so (she foolishly invited me to the wedding, where the story came out...she and her new husband were actually laughing about how 'dumb' the VO and our border officials were....the laughter stopped on Monday, when she showed up at the office, with her stuff from her desk all boxed up...I even asked somebody to put a nice bow on the box.

Bottom line: a B2 visa is supposed to be an object of trust, given to the trustworthy. When that trust is violated, it ruins the opportunities for others.

RhettVoe, on what grounds did you use to fire her? Is this private company or govt ?

[RhettVoe 282]

private company.....for lack of ethics. A company policy. Besides, one does not need a particular reason for tossing somebody. I own the business. My decision. She cheated the US government, as far as I was concerned. I told her (and others, at a meeting shortly after her 'departure') I don't want somebody working for me who thinks that our government is just there to be taken advantage of and that having trust in someone is important. Since she didn't think so, well, good luck to her somewhere else.

[Merrytooth 5,748]

While firing someone for her personal life decisions seems very extreme.. I respect your ethical principles.

[No name 88 48]

private company.....for lack of ethics. A company policy. Besides, one does not need a particular reason for tossing somebody. I own the business. My decision. She cheated the US government, as far as I was concerned. I told her (and others, at a meeting shortly after her 'departure') I don't want somebody working for me who thinks that our government is just there to be taken advantage of and that having trust in someone is important. Since she didn't think so, well, good luck to her somewhere else.

So no AOS after B2 for you. Ever. Got it.

I've never had much use for ethical debates as the don't fix anything and everyone's ethical ideal is different. I can't convince you but in my opinion it's unethical to keep families separated and it's not in line with what's best for the nation. It is not illegal to have entered on a B2, get married and adjusted. Being that the law is written that way lawyer makers must have been intending for this to occur and USCIS is forgiving on the intent aspect of the B2 visa by design. I'm guessing sympathetic lawyer makers did this on purpose for people who felt the process was unfair and created a path that would prevent regular Americans from becoming criminals just because they fell in love.

I guess you never heard of management of change? The situation has changed from an existing condition, the change is recognized and risk assessed for the possible actions to formulate a plan to achieve the desired end. As an engineer I live by this. It's proven extremely useful for me in a verity of matters including the immigration process and family issues.

[aussie_jason 195]

That was why she was granted the B2 in the first place, so they weren't separated.

Taking your example further this would be like taking a leave of absence before a planned turnaround at a refinery with the expectation that you would return in time for the turnaround but extending your vacation to avoid the turnaround, nothing has changed in this situation except for the OP wanting to skirt the proper process.

[No name 88 48]

I may have spoken too soon in the early thread. Can you file an AOS.......Maybe. I did some research for you. I suggest you look at the links below.

Misrepresentation and preconceived intent are separate issues when filing an AOS. I'm not an attorney but the links are the deportation precedence cases regarding preconceived intent and AOS filing. The courts ruled when a violation of preconceived intent is the only matter regarding a case of AOS and the applicant has significant equities (spouse of US citizen) then adjustment of status SHOULD be granted and is at the discretion of the immigration officer. If you search AOS denials it's all for misrepresentation related to fraud marriages and visa over stay. I can't find any cases of preconceived intent. USCIS doesn't seem to care about preconceived intent when reviewing an AOS case as there is legal precedence that it should not grounds for denial.

If you came on a B2 visa without the K-1 filed and did the AOS I think you would be fine. But since you have the K-1 filed you leave yourself open to the discretion of the officer. You didn't have intent; you had blatant intent and abused the system. If denied on grounds of preconceived intent odds are you would be approved in appeal before a judge using a lawyer. Who wants to go through that.

I normally don't believe in a right way or wrong way if it ends in a legal green card but with your K-1 filed you can screw yourself if you get the wrong immigration officer. You can pursue this route further with an attorney if you want but I think you should save your money, enjoy your time with your fiancee now and she just returns home for the K-1 interview. If you spent time together in the US and she went home on the B2 without an overstay she is going to get approved. Document your time together in the US well. Her having been to the US with you gives her a huge advantage at the interview. This is what I'm doing.

I just want you to have all the information before you decide. It's your choice but I wouldn't do the AOS. At least in the AOS forum you didn't get attacked by haters like you were where you first posted. I fired people for this....huh.

I wish you the best of luck.

http://www.justice.gov/eoir/vll/intdec/vol18/2866.pdf

http://www.justice.gov/eoir/vll/intdec/vol17/2750.pdf

[RhettVoe 282]

The problem is our laxity with our laws....we have a K1 visa, a visa in which an eventual AOS is programmed....but people want to shortcut the process....many, who were not successful convincing a VO of their intentions (whatever they were), post their unhappiness here and on other sites, so everyone can commiserate with them, and point fingers at those mean VOs and our 'unfair laws', etc....in reality, it's people like the OP and others who clearly knew they were not going to live up to the terms of a tourist visa, so she should have been refused. Other young women from her country will now face even more scrutiny than before (because the AOS paperwork copies are sent to our embassies, to be shared amongst the VOs)...

my former employee thought it amusing that they had managed to fool a VO and our border folks, acting as if they did something clever. Perhaps the VO was more understanding or sympathetic than most (almost always a mistake)...and why the Amcit was allowed anywhere near the interview window is a mystery to me....but now we have seen the true side of this pair....and they have no qualms about having fudged the truth...they both knew the K1 process was going to take some time...to try and rationalize or justify their decision to do an end run around the process by claiming they 'suddenly' realized how long the process would take is about as believable as Jimmy Swaggert.

In the case of my former employee, well, her view of having fooled the VO, etc, and mocking them did little to amuse me. She was upset on Monday....I told her if she didn't like my decision, take it up with her new husband. If she wanted her job back, send her new spouse back home to wait out the process....not surprisingly, she declined that option. She thought I was mean. Maybe she's right. Don't care. What people do outside of my purview is their business, but she and the new spouse went over the line as far as I was concerned, and I don't want people like that (whose ethics are a mirage) working for me.

Edited March 21, 2014 by RhettVoe

[enlijoe 20]

Mind changing (note, moments after baggage claim, which seems to be a constant) only makes it harder for others in the future to get b2 visas...you and your fiancee wanted the vo to believe and trust you....now what? Recently, I found out that one of my employees did the same thing....lied to get a tourist visa for her foreign fiancee...they married 2 days after he arrived...I fired her two days later. I don't have much patience (none) for those who cheat our system and fully expect to be rewarded for doing so (she foolishly invited me to the wedding, where the story came out...she and her new husband were actually laughing about how 'dumb' the VO and our border officials were....the laughter stopped on Monday, when she showed up at the office, with her stuff from her desk all boxed up...I even asked somebody to put a nice bow on the box.

Bottom line: a B2 visa is supposed to be an object of trust, given to the trustworthy. When that trust is violated, it ruins the opportunities for others.

I like this. I work for a very large company myself and I know if I tried something like that I could easily get fired too. There are some major clauses in our contract about Ethics and fraud. Specially because I'm in Health Insurance they are very strict about this kid of stuff and it says in the employee handbook you can be terminated for any kind of fraud.

Edited March 21, 2014 by enlijoe

[JTB11 1,079]

Although many have commented thus far....I don't see why not be happy with the 6 month visa..you get to wait together and won't have to be separated. My husband and I have had to wait 8 months for visa approval and having seen each other a total of 1.5 years prior to marriage......you should count your blessings, in my opinion, that you get to wait it out together instead of trying to further exploit the system.

Good luck either way.

[RhettVoe 282]

Exactly. They were given something that few have been able to obtain, yet they promptly demonstrated why that was a mistake. She was given a visa, based no doubt on all sorts of promises and assurances given by both her and her ethically challenged American fiancée; she was admitted to the US, for six months, long enough to wait out the process in the US and then having to return to her country for 2-4 weeks to finish the paperwork, etc, and then return. But no, that was not enough. They wanted even more, and apparently don't seem to care about the traill they have left behind for others to follow with far less success.

That's why (as many of you know) I have no tolerance for these 'mind changes', and I don't buy anyone's story about how they 'really had no intention of marrying, doing the AOS, etc....'....it's just too convenient.

I find this particular case, as well as the one of my former employee, to be even more despicable. Imagine how these two stood in front of the VO, wringing their hands, giving out all sorts of empty promises and assurances, somehow managing to convince the VO of their alleged intentions....guess what will happen to the next 50 or so young women from that country who try the same thing.

The AOS papers will be hung on the wall inside the consular section, as a blunt reminder why one should not fall prey to phony promises. Let them do the K1 and however long it takes, that's just the way it is.

Edited March 21, 2014 by RhettVoe

[RhettVoe 282]

What was wrong with having been given 6 months in which to enjoy each other's company during the process?

[elmcitymaven 9,712]

God bless America and its at will employment!

[Mela17 36]

Your situation is not going to look good at your AOS interview. Sometimes I think people forget that your immigration status is in the hands of whichever IO is on duty that day and is assigned your case. Say you get one that looks at your file and says "hmm, filed a k-1, then filed a b-2, came over on the b-2 and then abandoned k-1 and adjusted status. hmm, looks like a clear case of intent to me. denied." then what will you do? I am not sure you have thought that far ahead. USCIS has very literal rules and you can't just go making your own up.

[Brit Abroad 166]

I don't get all the major drama with being separated when you are potentially going to spend the rest of your life with the fellow petitioner. What is it? 18 months physically apart ... with the internet providing instant visual and aural contact at will.

Seriously, if you can't be apart for that length of time then you don't have a strong enough relationship to weather future difficulties.

Besides, misrepresentation can be levelled at the applicant all the way through to when (and including) citizenship is granted. No cheat is ever completely safe, and who wants to spend a lifetime looking over their shoulder, being careful what they say to anyone in their life, whether in a permanent or temporary capacity. Seriously .. not worth it.