Just want to make sure this sounds ok

[tswielder 0]

Hi,

I was just reading someone else's post where several people chimed in saying there was a possibility that the poster's plan could be seen as an immigration fraud (the poster was going to bring his wife into the U.S. on a tourist visa and then apply for adjustment of status). After reading it, I wanted to make sure that my plan didn't have any risks that I'm not aware of. Please advise kindly.

I'd been in the U.S. since 1999, as a student until last year. I was genuinely pursuing academia (finally got my doctorate degree in 2012). I finished my residency last year. About 2 years ago, I began dating my current boyfriend. We went through some rough times and broke up once, but we've been back together. Now, last year, I found out that I won the green card lottery for this fiscal year. At the time, I was excited as I was actually trying to decide what to do after my residency. At the end of my residency, I decided I wanted to give myself a permission to take a year off to reward myself for all those years of schooling. I wanted to visit friends in different states and also wanted to stay close to my boyfriend. So, I adjusted my status to a visitor's visa (which is good through the mid-August this year). At the same time, our relationship has been becoming more and more serious to the point that we're planning to get married (we are talking about doing it in a month). We also talked about whether or not we file a petition through marriage or if we wait until I get my green card through the diversity program. I personally feel that it is wise to wait for the diversity program since that's easier for both of us (I don't need to drag him into the interview process, less papers that need to be filed, and cheaper, I think?). But, if they don't get to my case number in time, we'd have to take that route. Anyhow, my question is, is there anything I'm overlooking that USCIS may see as an issue? I'm just trying to do my best in this compliated situation and would like to be aware if there is any problem with my plan.

I'd appreciate any feedback. Thank you,

[OregonLive 1]

I don't see any issues of fraud in your plan. If you end up getting married and filing AOS through marriage, this will be a straight forward case and can be completed within months.

[Merrytooth 5,748]

If you ask me, I will go the green card through the diversity program route because:

1) BF does not need to sign I-864 Affidavit of Support for me, so I don't have to feel like I 'owe' him something, even if we get divorced later on.

2) I don't have to remove conditions on my 2 years Green Card but then I could only apply for Citizenship after 5 years, not 3 years if GC is marriage-based.

===============================================

Notes:

Although Diversity Lottery (“DV Lottery”) winners do not need to file an I-864 Affidavit of Support in order to apply for permanent residence, they will need to demonstrate to U.S Citizenship and Immigration Services (USCIS) or the Department of State (DOS) that they will not become a public charge (rely on public assistance benefits) during their time in the United States.

[tswielder 0]

If you ask me, I will go the green card through the diversity program route because:

1) BF does not need to sign I-864 Affidavit of Support for me, so I don't have to feel like I 'owe' him something, even if we get divorced later on.

2) I don't have to remove conditions on my 2 years Green Card but then I could only apply for Citizenship after 5 years, not 3 years if GC is marriage-based.

===============================================

Notes:

Although Diversity Lottery (“DV Lottery”) winners do not need to file an I-864 Affidavit of Support in order to apply for permanent residence, they will need to demonstrate to U.S Citizenship and Immigration Services (USCIS) or the Department of State (DOS) that they will not become a public charge (rely on public assistance benefits) during their time in the United States.

Thank you both on the feedback.

By the way, I'm not completely understanding your reason 2). I think I understand the 2 year condition thing, but 5 yr vs 3 yr... are you saying if I get a green card through the diversity visa program, I can apply for a citizenship sooner??? Or, is it the other way around?

[nightingalejules 678]

Thank you both on the feedback.

By the way, I'm not completely understanding your reason 2). I think I understand the 2 year condition thing, but 5 yr vs 3 yr... are you saying if I get a green card through the diversity visa program, I can apply for a citizenship sooner??? Or, is it the other way around?

It's the other way around... If you are getting citizenship through a spousal green card, you can apply for citizenship after 3 years (less 90 days, I think). Otherwise, it's 5 years.