B1/B2 VISA to F2A Spouse Sponsorship

[Jonthndaniel724 1]

Hi all

 

I’ve posted on here before about this situation but I’m looking for a little more advice to clear things up. 
 

I’m currently applying to become a legal permanent resident, F2B. I live in the U.K. at the moment, also have a girlfriend here. 

 

She visits the USA on a B1/B2 VISA at the moment, she has one for 10 years. She genuinely did not have any interest in moving to the states when she got the visa. 
 

It’s not set in stone but she is considering moving out with me now instead of us breaking up. I’m still 3 years or so off my Green card. 
 

If I marry her as an Legal resident can I sponsor her under F2A if she has a B1/B2?

 

Or will immigration see this as her lying about her tourist visa and make her ineligible for me to sponsor? 
 

Thanks

 

Jonathan

[USS_Voyager 1,972]

13 minutes ago, Jonthndaniel724 said:

I’ve posted on here before about this situation but I’m looking for a little more advice to clear things up.

I'm a little bit unclear about what the plan is. So you are in the UK. You are under F2B, and 3 years away from getting a green card, presumably. You have a girlfriend, currently residing in the UK, I presume as well. The girlfriend has a 10 years US B1/2 visa. I am unclear about the part "moving out". Are you proposing that at such time for you to be able to immigrate to the US under your F2B to get a green card, she will follow and uses her B1/2 to enter, with the intention of when you becomes a green card holder, you will marry her sponsor her under F2A and she will stay in the US the whole time. 

 

Well, all of that is legal, up until the part "she will stay in the US the whole time". She cannot stay in the US the whole time. She has to leave at the end of her authorized stay on B1/2, and finish the rest of the process from outside the US like you will do with your F2B. She cannot enter on the B1/2 and stay with the intention to adjust status. Does it make sense?

[Jonthndaniel724 1]

2 minutes ago, USS_Voyager said:

I'm a little bit unclear about what the plan is. So you are in the UK. You are under F2B, and 3 years away from getting a green card, presumably. You have a girlfriend, currently residing in the UK, I presume as well. The girlfriend has a 10 years US B1/2 visa. I am unclear about the part "moving out". Are you proposing that at such time for you to be able to immigrate to the US under your F2B to get a green card, she will follow and uses her B1/2 to enter, with the intention of when you becomes a green card holder, you will marry her sponsor her under F2A and she will stay in the US the whole time. 

 

Well, all of that is legal, up until the part "she will stay in the US the whole time". She cannot stay in the US the whole time. She has to leave at the end of her authorized stay on B1/2, and finish the rest of the process from outside the US like you will do with your F2B. She cannot enter on the B1/2 and stay with the intention to adjust status. Does it make sense?

Hi

 

No she would stay in the U.K. while I sponsor her. Only to enter permanently. when her F2A is approved. She would then visit using her B1/B2 to visit but not stay over her allowed time. We just want to do it all legally and correct. 
 

My questions is if I will be allowed to sponsor her under F2A as my wife or will they look at the B1/B2 and see that they contradict each other.

 

Thanks 
 

 

[designguy 1,179]

Once you are an LPR you can sponsor her. There is no problem that she has a B1

[USS_Voyager 1,972]

11 minutes ago, Jonthndaniel724 said:

She would then visit using her B1/B2 to visit but not stay over her allowed time. We just want to do it all legally and correct. 

Perfect. 

 

13 minutes ago, Jonthndaniel724 said:

y questions is if I will be allowed to sponsor her under F2A as my wife or will they look at the B1/B2 and see that they contradict each other.

No problem at all. She can even visit you while the F2A is in process. Just has to prove that she will return every time on B1/2 until such as time she can enter permanently on an immigrant visa. 

 

 

[SusieQQQ 11,586]

14 minutes ago, Jonthndaniel724 said:

Hi

 

No she would stay in the U.K. while I sponsor her. Only to enter permanently. when her F2A is approved. She would then visit using her B1/B2 to visit but not stay over her allowed time. We just want to do it all legally and correct. 
 

My questions is if I will be allowed to sponsor her under F2A as my wife or will they look at the B1/B2 and see that they contradict each other.

 

Thanks 
 

 

That would be fine. She does risk getting refused on b entries if CBP does not believe she will return home from her visits though. What is her country of nationality?

[Jonthndaniel724 1]

21 minutes ago, SusieQQQ said:

That would be fine. She does risk getting refused on b entries if CBP does not believe she will return home from her visits though. What is her country of nationality?

She is a British Citizen like me. 

[SusieQQQ 11,586]

33 minutes ago, Jonthndaniel724 said:

She is a British Citizen like me. 

Why does she need a visa?

[Jonthndaniel724 1]

2 hours ago, SusieQQQ said:

Why does she need a visa?

Has a single DUI from three years ago so it means she can’t use the VWP. 

 

I can’t see that being an issue with the GC as they’ve already taken it into account.
 

 

[carmel34 3,633]

53 minutes ago, Jonthndaniel724 said:

Has a single DUI from three years ago so it means she can’t use the VWP. 

 

I can’t see that being an issue with the GC as they’ve already taken it into account.
 

 

The DUI on her record may or may not be a problem for immigration purposes.  It may be worthwhile to consult with an experienced US immigration attorney in a few years when you get to the point of filing a petition for her.  The circumstances of the DUI matter, whether other charges were part of it, the specifics of the case, etc.  Good luck!

[SalishSea 17,833]

OP, just curious- who is petitioning you for an immigrant visa?

[Jonthndaniel724 1]

7 hours ago, Jorgedig said:

OP, just curious- who is petitioning you for an immigrant visa?

My father who is an LPR. That doesn’t make a difference right? 

[SusieQQQ 11,586]

2 hours ago, Jonthndaniel724 said:

My father who is an LPR. That doesn’t make a difference right? 

It does actually if it is a spouse. If it’s your dad your plan is ok.

[Jonthndaniel724 1]

5 minutes ago, SusieQQQ said:

It does actually if it is a spouse. If it’s your dad your plan is ok.

Ok great. Just out of interest when would it make a difference?

[SusieQQQ 11,586]

4 hours ago, Jonthndaniel724 said:

Ok great. Just out of interest when would it make a difference?

I said, a spouse. Can’t sponsor another one within 5 years of getting your green card then. And yes people do this - marry to get a green card, divorce, marry & sponsor someone else. 
 

of course you can’t marry this girl before you get your green card anyway or you will no longer be eligible.