Married couple applying inside of the US

[pmg113125 0]

Hey Everyone!

Just hoping to get some help clearing up some things....

I am an American living in Denmark with my Danish wife but we are thinking about moving back to the US now that she is done with school here in Denmark. I just spoke on the phone with a USCIS guy and he said it is possible for her to come in on a tourist visa and then we could apply for an immigrant visa. When I read posts on here it sounds like that is visa fraud though. But maybe not because we have already been married for a year and its not like she is coming to the US to marry someone to get a visa?

Also, while I was in Denmark applying for my visa I was allowed to stay past my tourist visa for as long as my visa application was pending. Is that the same in the US? Can she stay in the US as long as she is awaiting a visa?

Any info would help!

Thanks!

Peter and Kristine

[kzielu 1,149]

Using non-immigrant visa to immigrate is a fraud regardless of whether you're married or not.

[pmg113125 0]

Using non-immigrant visa to immigrate is a fraud regardless of whether you're married or not.

Thanks for the reply kzielu. then is there no way for us to go to the US now and apply for the visa while in the US? is the only option to have to stay in Denmark for as long as the application process takes?

[Pitaya 2,577]

Welcome to the forum.

You should look at the spousal visa processes:

http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

Edited May 6, 2014 by A&B

[JohnR! 5,495]

Peter, there is no Direct Consular Filing in Denmark, so you would need to follow the path for IR/CR visa.

Although many do and get away with it, coming into the US on a non-immigrant visa - i.e. VWP or B2 - with the intent of staying, as you propose, is considered immigration fraud. I would not advise taking that route.

You can find instructions to what needs to be sent where in this link: ---> http://www.visajourn...tent/i130guide1

I hope this helps.

Good luck!

[pmg113125 0]

Welcome to the forum.

You should look at the spousal visa processes:

http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

Hey A&B,

Thanks for the link! So it seems as though we can apply now and then she could on her tourist visa for a while. And then there could even be a possibility of extending it?

thanks again everyone!

[Pitaya 2,577]

~Moved from WST-based AOS to What Visa Do I Need Forum~

~Inquiry about spousal visa processes~

[kzielu 1,149]

Thanks for the reply kzielu. then is there no way for us to go to the US now and apply for the visa while in the US? is the only option to have to stay in Denmark for as long as the application process takes?

That's your safest way to proceed. There are lots of people that do go on B-2 and adjust and they're fine, but that doesn't make it not being a fraud.

Only other entirely legal way is to have spouse move on a dual-intent work visa - which - if you don't have it available, is a way more work and time than spousal one.

[aaron2020 11,651]

Here is the law.

It's illegal to enter the US on a tourist visa or the VWP with the intent to immigrate. This applies to everyone regardless of how long the person has been married to a US citizen.

If your wife tells the CBP officer that she intends to adjust when she enters the US, she will be deny entry and sent back home at her expense.

However, preconceived intent to immigrate by itself is not a valid reason to deny an adjustment for an Immediate Relative of a USC as long as the person did not lie when entering the US.

Adjustment is discretionary.

There is no appeal from a denial on a VWP entry.

Want to take your chances or would you rather play it safe with an immigration visa?

In no way am I advocating doing anything illegal. I am laying out what is the law and the possible consequences.

Edited May 6, 2014 by aaron2020

[aaron2020 11,651]

Here is the law.

It's illegal to enter the US on a tourist visa or the VWP with the intent to immigrate. This applies to everyone regardless of how long the person has been married to a US citizen.

If your wife tells the CBP officer that she intends to adjust when she enters the US, she will be deny entry and sent back home at her expense.

However, preconceived intent to immigrate by itself is not a valid reason to deny an adjustment for an Immediate Relative of a USC as long as the person did not lie when entering the US.

Adjustment is discretionary. Many people have no problem adjusting. Some do.

There is no appeal from a denial on a VWP entry.

Want to take your chances or would you rather play it safe with an immigration visa?

In no way am I advocating doing anything illegal. I am laying out what is the law and the possible consequences.

[Harpa Timsah 13,258]

Hi Peter. She can visit, but there is no extension available for the VWP (which I assume she will travel on, visa-free visits for Danish citizens).

I want to add, that since you are a USC and you live abroad, you may get put in an "auto-expedite" queue that will give you very fast approval. This is not an official thing, you can't complain if you are not in it, but it is something we have noticed on VJ, and it is up and running again after a temporary lapse. Check out the thread in the SPousal visa forum called something like "Filing from Abroad."

You can wait in Denmark and move together once she gets the visa.

[Ryan H 3,812]

I just spoke on the phone with a USCIS guy

What you were told is an example of the USCIS "misinformation" line at its worst. USCIS has nothing to do with issuing visas so they are not the people to talk to when having questions about visas.

[David & Diana R 1,005]

What you were told is an example of the USCIS "misinformation" line at its worst. USCIS has nothing to do with issuing visas so they are not the people to talk to when having questions about visas.

Yeah, crazy but true!

[Tino 20]

I will tell you my recent experience.

Last July my son came over with the VWP . He stayed looked around he liked America and said he would like to live here. I Explained to him that life here is not the same as Greece where you can go out have a beer with your friends (teenagers) go hang out every night etc. He insisted that he wants to stay here.

So , one week before his 90 day's were up i filed I 130 and I 485 at the same time ( i made sure that the applications would arrive to the USCIS before the 90 days were up ) . In 4 months he got his Green card No hassle by the USCIS everything went fine .

Edited May 7, 2014 by Tino

[aaron2020 11,651]

I will tell you my recent experience.

Last July my son came over with the VWP . He stayed looked around he liked America and said he would like to live here. I Explained to him that life here is not the same as Greece where you can go out have a beer with your friends (teenagers) go hang out every night etc. He insisted that he wants to stay here.

So , one week before his 90 day's were up i filed I 130 and I 485 at the same time ( i made sure that the applications would arrive to the USCIS before the 90 days were up ) . In 4 months he got his Green card No hassle by the USCIS everything went fine .

Big caveat. Your son did not enter the US with the preconceived intent to immigrate. He decided after he entered and looked around before he decided to adjust.