LPR marrying girlfriend

[NikLR 13,227]

Coming back on B2 With intention of getting married and immigrate is illegal. There are visa for that purpose. K1 or if they get married and she goes back to her country, her husband would file for CR1.

Point 1 is correct but K1 and CR1 are the wrong classes as the OP's friend is an LPR not a USC. F2A is the visa for spouses of legal permanent residents and an LPR cannot petition for a fiancé

[Unshakable Faith 493]

OP, please make it clear to your friends, (as stated above) what they are planning to do by her coming on a visitor's visa and adjusting status is immigration fraud. Coming into the US on a visitor's visa with the intent to stay is a misuse of a visitor's visa.

Edited December 5, 2015 by FN&KO

[discoverusa 268]

It's not true that spouse of LPR cannot adjust status. They can as long as they are in status and their date for filing is reached. There have been times in the past (not now) that the F2A category has been current; in those times, they can file AOS immediately. Currently there is a wait in the F2A category. The AOS date for filing for F2A category is currently about 9 months behind, and that is too long for the 6-month duration of stay of B2 status, so it won't work for this case. However, the length of wait does shift around all the time.

Excellent point newacct.

I have a friend who was in exact same situation. She was coming and going on a tourist visa. Eventually she obtained a student visa and married her LPR fiancee. In her case her husband became a citizen before the visa became available. They had no issue adjusting. But in OPs case it looks like as long as she is in other non-immigrant valid status she can do AOS even if her husband is a LPR.

Think about it. Good luck.

[Canerican 242]

OP, please make it clear to your friends, (as stated above) what they are planning to do by her coming on a visitor's visa and adjusting status is immigration fraud. Coming into the US on a visitor's visa with the intent to stay is a misuse of a visitor's visa.

If the OP's fiancee comes in on a visitor visa and is going to marry and then go back to their home country then that is fine. If she is staying that could be considered immigration fraud. Nonetheless OP make sure that your fiancee does not lie at the border, the guards will figure it out .

[Unshakable Faith 493]

If the OP's fiancee comes in on a visitor visa and is going to marry and then go back to their home country then that is fine. If she is staying that could be considered immigration fraud. Nonetheless OP make sure that your fiancee does not lie at the border, the guards will figure it out .

Yes, I'm aware if they marry and go back that it is fine. If they have the intent of marrying and adjusting status, it IS immigration fraud, there's no "could be".

I was speaking on the scenario the OP gave about marrying and staying.

[Jo Së 200]

Yes, I'm aware if they marry and go back that it is fine. If they have the intent of marrying and adjusting status, it IS immigration fraud, there's no "could be".

I was speaking on the scenario the OP gave about marrying and staying.

It is immigration fraud, however, she would still be able to adjust without an issue as many have before. Not saying they should do this.

[Jamnan_n_Steve 17]

Because there are two years until your friend achieves citizenship if they marry soon on a visit (in either country) her visa would result in a ten-year greencard and authorization to work once she passes through the POE. One less process (no AOS), and possibly an easier Consulate interview.

Important to remind them to make sure they always have "ties to her country" evidence (lease, school or work documentation, etc.) at hand should IO suspects intent to immigrate because of the marriage.