wife of a us citizen...please help (merged)

[Sal Monella 5]

**** It is illegal and visa fraud to enter the USA on a tourist/ temp visa with the intent of marrying and staying. . *****

If what you say were true, why would USCIS recommend it? Also, these very same kind of cases are approved every day where a fiance or spouse arrive on tourist visa then are approved for a green card. If it were illegal would these cases not be rejected routinely?

[Penguin_ie 5,997]

A callcenter operative recommended it.

AOS when in country is possible for changing circumstances, NOT for planned immigration. If, for example, you are in the USA being a genuine tourist and then your home country is devastated by a tsunami, or while in the USA you discover you are pregnant and your home country has really bad health care so you decide to stay, then there is a way to stay. But tourist visas are for tourism, and using them for immigration is visa fraud.

Penguin

Lead Moderator

[Jenvds 16]

If what you say were true, why would USCIS recommend it? Also, these very same kind of cases are approved every day where a fiance or spouse arrive on tourist visa then are approved for a green card. If it were illegal would these cases not be rejected routinely?

It is true.

I have first hand experience with this. A friend of mine did it by coming on tourist visa and then marrying and adjusting. They were allowed. I had no idea this was fraud because I did not educate myself.

My husband (boyfriend at the time) and I decided to do the same because it was the most logical for our situation.

Immigration officers questioned him as he was entering and he answered all their questions honestly, so instead of a ban, he was simply sent back and told he cannot enter the country again without an immigrant visa.

I know that if he had lied or even left things out to misrepresentation they would have banned him. They said so.

Just follow the law. I promise it won't kill you. (it'll just feel like it.)

[Penguin_ie 5,997]

**** One post removed for advocating illegal immigration. *******

[Boiler 46,298]

If what you say were true, why would USCIS recommend it? Also, these very same kind of cases are approved every day where a fiance or spouse arrive on tourist visa then are approved for a green card. If it were illegal would these cases not be rejected routinely?

As has been said you spoke to a minimum wage outsourced telephone operator. If this is recommended by USCIS it would be all over their web sites and other official outlets, please look and if you find it I would be fascinated to hear about it.

Not for nothing is this called the misinformation line. It is not just this subject. If you want medical advice you consult a Doctor, legal advise a Lawyer.

As an aside you have no right to rely on what they tell you is true, the Supreme Court said so.

[Amhara 460]

If the OP's fiance is able to get a tourist visa, then her visiting is fine. You two can marry in US, and even start the visa petition process while she is here. However, I don't know if I would try to AOS on a tourist visa. The process may not take longer than six months, like another post said. If your embassy will be fast, you may be able to get her here. Then you can marry and start AOS, but the AP takes about 2.5 months. As long as CSC is still processing the petitions, you might stand a chance of getting all that stuff done before April 2016.

Or you can wait until you marry in India after April 2016, still go for the visitor visa and her visit you here while you two wait for the spousal visa to be processed.

[Pitaya 2,577]

OP: Due to likely current protracted K1 processing times, get married in India, start working toward obtaining a CR1 spousal visa.

http://www.visajourney.com/content/i130guide1

Good luck on your immigration journey.

[Amhara 460]

On our March 2015 March filer thread, we had a couple that filed the fiance petition and the beneficiary had a B2 - or whatever the business visa is as she would conduct business for her job in the US from time to time and her job allowed her to work in the US. They were together for part of the time they were waiting for TSC to process their petition, but she did not overstay.

Petitioning for the beneficiary while they are here on a legal visa is fine, but overstaying is rather negative. If a fiance or spouse of a USC comes on a different visa, they should not overstay that visa. If their process is finished before that visa expires, they are okay. They will probably be questioned, but that's their decision.

If someone can get a visitor visa while waiting for the spousal/fiance visa, that's great. So if the OP and his fiance want to marry in India, they may be able to visit each other rather easily after they petition. If I were in the OP's situation, I would probably go with spousal visa.

[Penguin_ie 5,997]

***** Two members thread banned. This is your last warning before suspensions are handed out. VJ does not support, advice on or discuss illegal immigration in any way, shape or form. *******