GF on Tourist Visa and Purpose of Visit

[rgfox 10]

My girlfriend from Lima and I have spent a lot of time together, in Lima and here in the states. Eventually we will probably get married according to the 90-day rule but we're not rushing it. She has a tourist visa which she got just a couple of months after we met. She already had an appointment scheduled for her tourist visa at the US Embassy. I also have a potentially fatal disease (the big C) that I am combatting right now and her being here is a great emotional and actual support to me. Her cooking is magnifico! My 9 yo son likes her. 

 

Ok. That's the general background.

 

She is worried about travelling back and forth to Lima too often. Supposedly "they" say that the INS doesn't like when tourists go back and forth "too often". I personally do not know. She says she is visiting juanita (her daughter) in Florida, or shopping, as the purpose of her trip. This is also not a lie. My question is, is my opinion correct or not. My opinion is that when asked the purpose of her visit on any forms or by any border officials, she should reply with the statement "I'm going to help take care of a sick friend" and give my address where she's staying. 

 

Thanks.

Edited January 30, 2022 by rgfox

[Timona 4,207]

1. You are not a friend, but a fiance. 

2. When asked for purposes of trip at POE, she has to be truthful. Never lie. 

3. B1/ B2 visa is not for taking care of people. That is work, which visitor's visa does not permit. 

4. There's no 90 day rule. 

5. FYI, visiting with intent to adjust and stay is illegal. However, intent is determined at POE. However, preconceived intent is the Illegal part. 

 

[Redro 4,611]

29 minutes ago, rgfox said:

My girlfriend from Lima and I have spent a lot of time together, in Lima and here in the states. Eventually we will probably get married according to the 90-day rule but we're not rushing it. She has a tourist visa which she got just a couple of months after we met. She already had an appointment scheduled for her tourist visa at the US Embassy. I also have a potentially fatal disease (the big C) that I am combatting right now and her being here is a great emotional and actual support to me. Her cooking is magnifico! My 9 yo son likes her. 

 

Ok. That's the general background.

 

She is worried about travelling back and forth to Lima too often. Supposedly "they" say that the INS doesn't like when tourists go back and forth "too often". I personally do not know. She says she is visiting juanita (her daughter) in Florida, or shopping, as the purpose of her trip. This is also not a lie. My question is, is my opinion correct or not. My opinion is that when asked the purpose of her visit on any forms or by any border officials, she should reply with the statement "I'm going to help take care of a sick friend" and give my address where she's staying. 

 

Thanks.

Several of my friends have been pulled into secondary for visiting too often. Think staying in the US for a month, leaving for 3-5 months then returning. 

Does your girlfriend not have a job? How is she able to afford so many frequent visits. 

 

She should be spending more time outside the US than inside. If she comes for a 1 month visit she should stay out of the country for at least 6 months before returning. 

I would be more conservative and stay out for a year. (Most people do not have the freedom to visit another country for 2+ months every year). And if she is traveling to the States twice a year, reduce the length of stay (1-2 weeks). 

 

Your girlfriend should also not lie about why she is visiting the US and where she is staying (I also have to put the address I intend to stay at when I fly). If you eventually marry, they'll question when you met and wonder if the marriage is purely for immigration benefits as she was frequently coming to the States to visit her daughter. 

 

My opinion is that when asked the purpose of her visit on any forms or by any border officials, she should reply with the statement "I'm going to help take care of a sick friend" and give my address where she's staying.  They'll quickly suss out you are a boyfriend and not merely a friend. They'll also inquire if her friend is reimbursing her for the care. Not a great idea.

 

If you think she is someone you want to marry. Apply for the CR1/IR1 visa via consular processing. The process takes 1.5 to 2 years. 

Edited January 30, 2022 by Kor2USA

[Rocio0010 5,579]

First of all, sorry for what you health is going through.

Now, on to your case:

31 minutes ago, rgfox said:

She is worried about travelling back and forth to Lima too often.

Ok, she is worried about travelling back and forth too often? Her worry is not well geared. She should be more worried about...

32 minutes ago, rgfox said:

She says she is visiting juanita (her daughter) in Florida, or shopping, as the purpose of her trip. 

This is a LIE BY OMISSION.Just because she doesn't mention you, it does not mean you do not exist.

 

35 minutes ago, rgfox said:

My opinion is that when asked the purpose of her visit on any forms or by any border officials, she should reply with the statement "I'm going to help take care of a sick friend"

Your opinion is also a lie. Let's imagine this scenario: 

She gets to the POE and says that she's staying with a friend. They ask her name and address of the friend (you) and they let her in. Down the road, you decide to tie the knot and proceed with either a K1 or a CR1. Don't you know that you'll be the petitioner, and that you have to fill out your name and address on the forms? I think you know where I'm getting at.

Moreover, don't you know that -if they want to- DHS can easily access the information she gave at the POE, compare and contrast?

That is very likely to happen. More likely than what you imagine. If she did that, it would be considered wilfull misrepresentation according to Chapter 2 in the USCIS Policy Manual. And it can make her inadmissible:

Willful Misrepresentation

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. ^[2] For a person to be inadmissible, the officer must find all of the following elements: 

• The person procured, or sought to procure, a benefit under U.S. immigration laws;

• The person made a false representation; 

• The false representation was willfully made; 

• The false representation was material; and

• The false representation was made to a U.S. government official, generally an immigration or consular officer. ^[3] 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation. 

If the person succeeded in obtaining the benefit under the INA, he or she would be inadmissible for having procured the benefit by willful misrepresentation. If the attempt was not successful,^[4] the person would still be inadmissible for having “sought to procure” the immigration benefit by willful misrepresentation. In each case, evidence of intent to deceive is not required. ^[5] 

[Mike E 11,739]

Where is she today?

[SalishSea 17,836]

2 hours ago, rgfox said:

according to the 90-day rule

This is not a thing.

 

She cannot enter with the intent to marry and adjust status.  If that is what you both want, it requires some planning and time.  You will need to petition her for either a K-1 visa or CR-1 visa.  It all takes time and money.  If it was as simple as marrying on a tourist visa, everyone would do that.

[Timona 4,207]

35 minutes ago, Mike E said:

Where is she today?

 

Lima, Peru

[Kimgaba 8]

I'm not sure if my advice would help but before I did traveled with my Ex-wife to the US together. Because my ex didn't know english and i guess it was pretty late at night they asked me most of the questions so they can get a prompt answer. They firstly asked where she was staying and it was at my place. Then they immediately asked me how long was she planning on staying for and to provide evidence of her leaving. I showed them the ticket back home, they did ask what she does for a living and all of that and I was honest and told them she was unemployed and had no plans on staying or working here. That she was going to go back to her country to look for a job after this trip was over. The person interviewing us checked all our bags, all of them. I guess to see if we had any items that may seem as "permanent" pulled everything out and looked through items. Even intimate items asking what they were for fully knowing what they were for ( at that point i felt that was some level of intimidation) but since i have a w/e deal with it attitude I just answered what they were for like nothing. After a very very long time (about 40 - 50 mins) the person interviewing said "you know she was to go back home and can't stay here or work here right ?" I said "yes i know, she's going back home and she wants to go back home, she doesn't want to stay here she's just visiting family", and they let us go. Unlike your case, we were already married. But point being, if you use the visa for what is designed for or at least argue for it they'll let you through. I'd follow the advice here though and just be honest with what you do. You can indeed get married on a travel visa but you're in god's or whoever it is you believes hand if you somehow get caught and she ends up being banned. So I would say just try and do things the right way, either marry her in peru, or file for a k-1. She'll still be able to visit, which should be the key most important thing. A lot of people only have 1 way of seeing each other. You have 2, be happy with it and don't try to cut through things.

Edited January 30, 2022 by Kimgaba