Moving directly to states from France?

[ACP54 0]

So I'm an american and my husband French. We're intending to move to the states with him on an i130 visa. Were applying from here in France with my parents, who are USA based being our sponsors.

Recently my parents met with an immigration lawyer to get more information about the sponsor process.

While there the lawyer mentioned to them there was another possible way for us to move over. We could both travel over to the usa and automatically start the process once we enter meaning my husband could legally stay while applying for his visa stateside. She said the process would be more of an adjustment of status and would take about 6mo to process where he can't leave the country until it is finalized.

 

 

I know when we researched about this from everything I read this isnt really accepted. It was briefly mentioned by the lawyer so they dont have the exact information to give me for this, but is that possible? Would he have to enter on a tourist visa and then adjust status? Would it still be on an I130/A visa? I would think it would be visa fraud, so maybe there's a visa he has to apply for before&then do this? We'd hate go do that and only have him sent back over doing something frowned upon and delay our case anymore...

 Attached is a copy of the information process/timeline the lawyer gave them....

Thank you to anyone with information!

[JFH 12,191]

This option is illegal. You cannot enter the US with a non-immigrant status with the intention of staying. 
 

If this was possible, we would all do that and there would be no need for the CR-1 visa.

[Oliversmom 250]

A lawyer told me the same thing several years ago.   Luckily I came on VJ and learned it was visa fraud.  I don't know why lawyers tell people this information.

[Boiler 46,312]

So he turns up with how wordily possessions and is asked what the purpose of his trip is and he says I am immigrating, what do you think happens next?

Edited February 29, 2020 by Boiler

[Crazy Cat 42,621]

I concur with above statements about the illegality of entering the US via a non-immigrant route with the intent to adjust status.......Another thing to remember is that you, as well as the joint sponsors, must provide evidence of domicile in the US.  Good luck in your journey.

[JFH 12,191]

I recommend you read up on the terminology also. The I-130 is just the petition, not the visa. An approved I-130 does not guarantee an approved visa. 
 

Also, have you been filing tax returns whilst you have been living in France? This is another thing you need to show. 

[Crazy Cat 42,621]

I think a reading of the TOS is in order.

[DELETEME1234 208]

3 minutes ago, missileman said:

I think a reading of the TOS is in order.

Assuming you’re referring to my post; I’ll paste the relevant part of the TOS  below. One isn’t allowed to:

Quote

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

 

So let me be clear in saying that I don’t condone any fraudulent or illegal immigration activities. AOS is not the legally available option for OP because of they don’t fall within the very limited use case of AOS as I’ve explained above. 

 

[geowrian 22,338]

I wonder if the lawyer would put their advice in writing... If not, take that as a hint if it is legit.

 

Edit: I think the issue with the above comments was that it contain extraneous information that could only serve to enable fraudulent activity.

Like if somebody says "I definitely don't want anybody to rob my neighbor. Also, they're gone for a 2 days and have a key in the mailbox." The second statement there serves no purpose but to enable unlawful activity.

Edited March 1, 2020 by geowrian

[LilyJ 1,258]

An “immigration lawyer” who advises you to break immigration is one I would not trust on anything. Maybe your parents should find a different lawyer to help them understand the sponsorship and visa process, since it seems this one isn’t very knowledgeable on their “profession”. Do NOT do what the lawyer has advised you to do. It is absolutely illegal.

[SalishSea 18,225]

2 hours ago, geowrian said:

I think the issue with the above comments was that it contain extraneous information that could only serve to enable fraudulent activity.

Exactly.

[Ontarkie 14,565]

~~Post removed for TOS Violation. You should read the entire part of the quote you quoted. You left out the Indirectly, which is exactly what you did. Any further similar post can result in putting your account at risk.~~

 

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[B&C2017 123]

11 hours ago, ACP54 said:

Recently my parents met with an immigration lawyer to get more information about the sponsor process.

If you guys have no criminal or otherwise critical background, I don‘t see why you‘d need a lawyer. It‘s a pretty straight forward process and a lawyer only costs you a few thousand dollars for filing out forms you can easily fill out yourself (instructions see USCIS Website or here on Visa Journey). Sometimes, lawyers also forget stuff or fill things out wrong which causes more trouble instead of helping with a smooth process.

 

Just stick to the consular I-130 route as you‘ve mentioned you wanted to do/are doing. Since you‘re already married and your husband lives abroad, everything else would be illegal.

 

 

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.