Being honest with CBP about marriage plans

[Mag81 0]

Hi

 

I met someone that is in the US on a tourist visa, and I have a green card, and i'd like to get an advice on how to handle the situation when she comes back to the US.

 

Here is what i understood so far, If we got married here and we apply for the i130 petition process, we are going to wait for a year or more, and that obviously means he has to leave the country before her tourist stay expires. So we are now thinking about our options.

 

1) She will obviously leave before her tourist Visa expires, when she comes back to the US, she will probably be asked about reason of her visit, and she will be honest by saying that she is here to meet her husband (her parents and sister also live here), As far as i understand, the border officer (CBP) will translate her answer as 'immigration intent', now my question here is simple, does the border officer have to take action on the spot to revoke her visa and send her back because she has 'immigration intent' ? What if she wants to stay for 3 months but she will not over stay and fall out of status ? how is that Risk assessed for me, I dont want us to be apart for a year?

 

2) Why cant she stay for 4 or 5 months, fly back to her home country and then come back to the US, stay for 4 to 5 months and so forth, why is there a risk of her visa getting revoked if she is not going to be breaking any law in any way ? we will just waiting for that i130 process so why isnt that tolerated.

 

 

 

[Chancy 6,241]

1 hour ago, Mag81 said:

I met someone that is in the US on a tourist visa, and I have a green card, and i'd like to get an advice on how to handle the situation when she comes back to the US.

 

Please clarify -- Is she CURRENTLY in the US?

 

[Mag81 0]

yes, she is now in the US.

[Chancy 6,241]

1 hour ago, Mag81 said:

yes, she is now in the US.

 

Thanks for the clarification.  In that case, you have 2 options --

 

If you are both ready to marry ASAP and willing to accept that she will not be able to work and travel/re-enter the US freely for 6 months to a year or more, then she does not have to leave the US.  She may apply for adjustment of status (AOS) after you get married.  Note that the window for filing AOS is very short -- she must have a properly-filed I-485 package before her I-94 for the current trip expires.  If she misses this window, this will no longer be a legal option for her.

 

If you are not ready or not willing to accept the constraints of filing for AOS described above, she may pursue a CX1/C21 visa at the US consulate in her home country.  The process starts with you filing an I-130 petition for her after you get married.  During the spouse visa process, she may return to the US for short visits, subject to CBP inspection.  If she tries to game the system by spending more time in the US than outside, even while keeping to the expiry date of her I-94, it will increase the likelihood that CBP will turn her away at the border and/or revoke her visa.  But no one here can tell you for sure.  Just remember that a tourist visa is for visiting, not for living in the US.

 

Edited November 9, 2021 by Chancy
wrong visa class for spouse of LPR

[Redro 4,611]

8 hours ago, Mag81 said:

Hi

 

I met someone that is in the US on a tourist visa, and I have a green card, and i'd like to get an advice on how to handle the situation when she comes back to the US.

 

Here is what i understood so far, If we got married here and we apply for the i130 petition process, we are going to wait for a year or more, and that obviously means he has to leave the country before her tourist stay expires. So we are now thinking about our options.

 

1) She will obviously leave before her tourist Visa expires, when she comes back to the US, she will probably be asked about reason of her visit, and she will be honest by saying that she is here to meet her husband (her parents and sister also live here), As far as i understand, the border officer (CBP) will translate her answer as 'immigration intent', now my question here is simple, does the border officer have to take action on the spot to revoke her visa and send her back because she has 'immigration intent' ? What if she wants to stay for 3 months but she will not over stay and fall out of status ? how is that Risk assessed for me, I dont want us to be apart for a year?

 

2) Why cant she stay for 4 or 5 months, fly back to her home country and then come back to the US, stay for 4 to 5 months and so forth, why is there a risk of her visa getting revoked if she is not going to be breaking any law in any way ? we will just waiting for that i130 process so why isnt that tolerated.

 

 

 

If she stays in the US for 4-5 months and then goes back to her country for a few days/ a month and then returns to the US for 4-5 months it will be obvious she is living in the US and not in her home country. She will be showing immigrant intent and very weak ties to her home country. 

 

I have a few friends with jobs and lives in the their home country. They just like to travel and visit their friends in the States every 2-3 months. They have been taken to secondary and told it looks like they are living in the USA not just visiting as a tourist. 

 

These friends have made sure to limit their visits to the States to once a year for a month or less. 

Edited November 9, 2021 by Kor2USA