Spouse Sponsorship Question

[NigeriaorBust 4,087]

Because the visitors visa is for visiting immigration believes that is means you spend less time in the US than out of the US. Is that exactly 365/2 no Any officier may decide it differently. But in general any trip pattern that has you in the US more than out will increase the chance that your random officer will decide that you have abused your visiting rights and end them.

[kzielu 1,149]

She is practically going to be visiting the USA for a couple of months every visit whenever she can, not living in the USA.

It is irrelevant what you think she will be doing, it will be up to CBP officer to decide on that based on frequency of visits and length of stay.

I can tell you that you'll be fine, but it won't really mean anything - everything will be decided at POE.

People tell you this plan has serious flaws, you can choose to execute it, just don't complain when your fiancee has been denied entry, had her visa cancelled and sent back home - because that's what will happen if CBP decides she lives here.

[Dohan 133]

Just as suggested by previous replies, please do not try to circumvent the law. We all want our significant others here sooner rather than later. Also if you are in the army you should understand that the government is not someone you want to mess with.

Get your citizenship, get her here, get married and file for AOS. Also, if you take this route, make sure you don't get married the day after she arrives in the US because then it will look as if she entered on a tourist visa WITH THE INTENT to marry a US citizen which is prohibited.

In terms of her coming for tourist visits, I know I am just reapeating what was said above but there is no WRITTEN rule as you asked for. The rule is that the tourist must stay out of the US for a "reasonable length of time." There is a strong possibility she will encounter hostility and long questions at the border if she stays here for 6 months, then is out for like a week, and comes back for another 6 months. The Immigration officials at the POE are trained to weed out those who come here and try to live here illegaly. They will ask and they will wonder WHY she is visiting so often and WHAT is it that she is doing here. Also, the longer her stay is for, the more documents she will need to present to demonstrate that she has ties to her country and that she is not trying to live in USA illegaly.

You have to understand that she CAN be denied entry at the border if they don't like something about her frequent and lengthy visits. You don't want this to happen because in the future when you're going through your I 130 process that can raise a red flag.

We are not telling you all this because we don't want you to be happy, we are just trying to help you avoid difficulty in the future processing of your application.

Things will go much faster and smoother once you are a US citizen. I would not advise filing an I 130 so long as you are an LPR.

I truly wish you the best of luck in this journey!