Girlfriend visiting on B1/B2 visa but due to the new rules from Oct 15, can we get married and do AOS?

[HWorld 0]

As the title states, my girlfriend (foreign medical graduate) is here on a visit with NO intention to immigrate. However, just found out about the new rule possibly being implemented from October 15 and I feel like it'll make it very difficult for us in the future even though I have never been on public benefits. 

 

Would it look like fraud if we get married in court and file for green card if she's only been here for 2-3 days?

 

Additional info: she's visited and stayed here for 3 months before. Her visa expires in 2021.

[Crazy Cat 41,985]

I don't see any issues from your post.  Visa fraud occurs if a person enters the US via a tourist visa/ESTA with the intent to stay and adjust status.  

 

EDIT:  Many people enter the US via a tourist visa, marry, then leave the country to file.  They can even visit during the spousal visa process.

Edited October 5, 2019 by missileman

[Crazy Cat 41,985]

Since she is already in the US, you can marry and file for adjustment of status......there is no fraud.....

[HWorld 0]

@missileman I've heard the advice that it is a red flag and causes suspicion if you marry before the 60-90 days period is up in the US. 

 

Also, if applying or waiting from outside the US, I heard the CBP make it very difficult for the spouse to come visit. 

[geowrian 22,337]

6 minutes ago, HWorld said:

@missileman I've heard the advice that it is a red flag and causes suspicion if you marry before the 60-90 days period is up in the US. 

 

Also, if applying or waiting from outside the US, I heard the CBP make it very difficult for the spouse to come visit. 

There is no so-called 90 day rule for AOS purposes. Before 90 days or after is not a factor in your case.

A pending immigrant case can make showing ties to return home more difficult, but many people visit mid-process fine.

[Cyberfx1024 7,980]

1 hour ago, HWorld said:

As the title states, my girlfriend (foreign medical graduate) is here on a visit with NO intention to immigrate. However, just found out about the new rule possibly being implemented from October 15 and I feel like it'll make it very difficult for us in the future even though I have never been on public benefits. 

 

Would it look like fraud if we get married in court and file for green card if she's only been here for 2-3 days?

 

Additional info: she's visited and stayed here for 3 months before. Her visa expires in 2021.

Did you post on Reddit as well? I am just curious because we see this alot. fYI you get better advice here than there

[HWorld 0]

1 hour ago, geowrian said:

There is no so-called 90 day rule for AOS purposes. Before 90 days or after is not a factor in your case.

A pending immigrant case can make showing ties to return home more difficult, but many people visit mid-process fine.

I see. Regardless, would just a 2-3 day stay before the court marriage be difficult to prove that it wasn't fraud? 

[geowrian 22,337]

45 minutes ago, HWorld said:

I see. Regardless, would just a 2-3 day stay before the court marriage be difficult to prove that it wasn't fraud? 

Marriage fraud? No, that would be based upon the totality of the case presented.

Visa fraud? Not an issue as the IR of a USC as intent is not something one must prove afterwards.

Misrepresentations made at POE can still apply, though.

[Villanelle 4,122]

You should not make life decisions based on immigration policies. Rather it is best to live you life the way you want and deal with the policies that apply at that time. Are you ready to marry>? If there were no rule changes upcoming would you still get married right now? 

[JFH 12,190]

15 hours ago, HWorld said:

@missileman

 

Also, if applying or waiting from outside the US, I heard the CBP make it very difficult for the spouse to come visit. 

Heard that from whom? Not the people going through or who have been through the process. I visited more than once whilst we waited for my visa. 

[HRQX 4,145]

17 hours ago, HWorld said:

causes suspicion if you marry before the 60-90 days period is up in the US.

From USCIS: "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

17 hours ago, HWorld said:

just found out about the new rule possibly being implemented from October 15

That is for Adjustment of Status cases. If you marry during the trip and she waits for the spousal visa process abroad, then the new USCIS rule will not apply. For consular processing: https://fam.state.gov/fam/09FAM/09FAM030208.html Some relevant info:

 

17 hours ago, HWorld said:

if applying or waiting from outside the US, I heard the CBP make it very difficult for the spouse to come visit. 

Always travel with proof of ties to her country; stronger ties are best. It wouldn't be super difficult just because the I-130 petition is pending.

17 hours ago, HWorld said:

and file for green card

She won't have employment authorization nor be eligible for a SSN until either the EAD or green card is approved: https://egov.uscis.gov/processing-times/

Edited October 6, 2019 by HRQX

[HWorld 0]

2 hours ago, JFH said:

Heard that from whom? Not the people going through or who have been through the process. I visited more than once whilst we waited for my visa.

Okay that puts me at ease. I had read on some immigration or visa website that the CBP can put you back on a return flight when they see your immigration status pending and suspect you may just stay till it's processed. Hence, my doubts.

[geowrian 22,337]

3 minutes ago, HWorld said:

Okay that puts me at ease. I had read on some immigration or visa website that the CBP can put you back on a return flight when they see your immigration status pending and suspect you may just stay till it's processed. Hence, my doubts.

Can they? Yes. Every entry is at their discretion.

But being denied entry with a valid travel document is uncommon.

Edited October 6, 2019 by geowrian

[HWorld 0]

35 minutes ago, HRQX said:

That is for Adjustment of Status cases. If you marry during the trip and she waits for the spousal visa process abroad, then the new USCIS rule will not apply.

AoS is what I want, actually. We don't want to live far apart any longer and if she goes back and waits for consular processing, it's going to be another 1-1.5 years of waiting. 

 

Also, she will only be studying for her professional licensing exams during this time. She does not plan to work or drive for next 8-10 months any way even if she could. 

[Nitas_man 3,100]

18 hours ago, HWorld said:

As the title states, my girlfriend (foreign medical graduate) is here on a visit with NO intention to immigrate. However, just found out about the new rule possibly being implemented from October 15 and I feel like it'll make it very difficult for us in the future even though I have never been on public benefits. 

 

Would it look like fraud if we get married in court and file for green card if she's only been here for 2-3 days?

 

Additional info: she's visited and stayed here for 3 months before. Her visa expires in 2021.

It probably does look like fraud however based on the totality of circumstances you will probably be OK.
 

What aspect of the new rules are you worried about?  It looks like the rules applied to AOS cases are harsher than the ones applied at overseas embassies.