My fiance (Mexican) just arrived on a travel visa. We are unsure where to begin getting her legally into the US.

[GattAttack 2]

So we should have her go back to mexico?

[Bob in Boston 765]

15 minutes ago, GattAttack said:

So we should have her go back to mexico?

Depends what she told officer.

[beloved_dingo 1,981]

56 minutes ago, GattAttack said:

So we should have her go back to mexico?

You need to find out what she said to CBP when she entered the U.S. That will determine what path you need to move forward. As others have pointed out, it is highly unusual to not have a return ticket. However, it happens and she was allowed to enter the U.S....BUT without knowing exactly what she was asked and how she answered, we cannot give you the best advice.

 

If she answered questions truthfully and was allowed to enter...well, then it doesn't really matter what we think about the lack of return ticket. You can get married and she can adjust status. However, if there was any misrepresentation at POE (even unintentionally) it could jeopardize her immigration journey. You may have seen it said here before that when it comes to immigration, best practice is to answer truthfully but not volunteer information they don't ask for. 

 

Please talk to her about this and then give us an update here. 

 

[GattAttack 2]

She told them that she was coming to visit her fiance for at least two weeks. She never lied to them. She said they didn't ask her hardly any questions at all. We got engaged before she went back to Mexico the last time. I apologize to anyone for my ignorance here but it is just that. Neither of us have done this before and never had a guess that it would be this much of a nightmare. Our anxiety is through the roof after having made this thread. 

Edited May 31, 2022 by GattAttack

[Daphne . 1,913]

21 minutes ago, GattAttack said:

She told them that she was coming to visit her fiance for at least two weeks. She never lied to them. She said they didn't ask her hardly any questions at all. We got engaged before she went back to Mexico the last time. I apologize to anyone for my ignorance here but it is just that. Neither of us have done this before and never had a guess that it would be this much of a nightmare. Our anxiety is through the roof after having made this thread. 

So what was your intention for this trip? You got engaged on her last trip and what what the purpose for this trip? Was it just so she could come and see you or was it your plan to have her come to the US on a non-immigrant visa and have her adjust status? Because that is considered immigration fraud.

As others have mentioned before, she was admitted so she was lucky there but I still am a little confused on the purpose of her current trip. 

[beloved_dingo 1,981]

20 minutes ago, GattAttack said:

She told them that she was coming to visit her fiance for at least two weeks. She never lied to them. She said they didn't ask her hardly any questions at all. We got engaged before she went back to Mexico the last time. I apologize to anyone for my ignorance here but it is just that. Neither of us have done this before and never had a guess that it would be this much of a nightmare. Our anxiety is through the roof after having made this thread. 

Based on that, I really don't think you have anything to worry about. As others in this thread have said, it comes down to two choices - get married and adjust status or get married and file CR-1.

 

If your fiancé adjusts status after marriage, you get to stay together but she will be unable to work or travel for an extended period of time. You both need to consider the implications of this, as it is by far the hardest aspect of adjusting status for the person immigrating. I believe that currently work authorizations are being approved faster than Advanced Parole (the document needed for her to travel in/out of the U.S.). So she may be able to work in 6-8 months and may be able to travel in 9-12 months (others, please correct me if these estimates are wrong). 

 

If you marry and file CR-1, she will have to return to Mexico during the process but she can still visit. At the end of the process, she would be a green card holder and would be able to work and travel without issue. However, the entire process takes about 1 1/2 years, so your ability to spend time together is completely dependent on being able to travel back and forth to see each other. She would likely be able to continue using her visitor visa, but it is always up to CBP whether to admit her into the U.S.

 

Good luck going forward. I know it's intimidating, but you will be fine. There are guides and tons of threads that will help you, depending on what you choose to do. 

[beloved_dingo 1,981]

5 minutes ago, Daphne K said:

So what was your intention for this trip? You got engaged on her last trip and what what the purpose for this trip? Was it just so she could come and see you or was it your plan to have her come to the US on a non-immigrant visa and have her adjust status? Because that is considered immigration fraud.

As others have mentioned before, she was admitted so she was lucky there but I still am a little confused on the purpose of her current trip. 

If she told them she was coming to visit her fiancé and she was allowed to enter up to 6 months, the point is moot. They can get married and adjust status. 

[SalishSea 18,062]

1 hour ago, GattAttack said:

She told them that she was coming to visit her fiance for at least two weeks. She never lied to them. She said they didn't ask her hardly any questions at all. We got engaged before she went back to Mexico the last time. I apologize to anyone for my ignorance here but it is just that. Neither of us have done this before and never had a guess that it would be this much of a nightmare. Our anxiety is through the roof after having made this thread. 

I would be anxious, too.

 

Clearly the intention was never “two weeks.”   
 

I’m always curious about how someone who truly intends to be gone for two weeks can leave things at home (pets? Job? Housing? Other responsibilities?)., and then spontaneously decide they can stay for up to a year without returning.

 

Anyway, good luck.   I’m out, too.

Edited May 31, 2022 by Jorgedig

[Daphne . 1,913]

48 minutes ago, beloved_dingo said:

If she told them she was coming to visit her fiancé and she was allowed to enter up to 6 months, the point is moot. They can get married and adjust status. 

I know they can, I was just (double) checking what their plans were because OP seemed to start to get confused and I was hoping that his comments about buying 1 one way ticket (and that being obvious) was a mistake but I think this couple got away with it.. As I mentioned before, she was admitted so technically they should be good.

[Crazy Cat 42,032]

1 hour ago, beloved_dingo said:

If she told them she was coming to visit her fiancé and she was allowed to enter up to 6 months, the point is moot. They can get married and adjust status. 

I know of one case that was denied.  It is probably the case @SusieQQQ mentioned. That lady specifically told CBP, during a secondary inspection, that she was going to visit her husband and she would not submit an I-485.  When she applied for adjustment, she was accused of misrepresentation.  The petitioner came here for help.....I never found out what happened during the appeal. 

I am a little surprised the one-way ticket didn't raise a flag. But, that is the only time I have heard of the subject even being discussed during an AOS interview.

Edited May 31, 2022 by Crazy Cat

[Nat&Amy 623]

3 hours ago, GattAttack said:

So we should have her go back to mexico?

You can file for Adjustment of Status, and if there was no misrepresentation there is no reason for anxiety. After your marriage, please complete your profile and create a timeline so that you make it easier for others to give you proper advice in the future. Also, consult the guides available and get acquainted with forums relevant to you and your future wife - immigration is a long process that requires a lot of patience, money and preparation.

 

On a slightly different note, VJ is a valuable source of information and tips but the incongruousness of the US immigration system (and its intriguing loopholes) gets many members (including me) on edge, sometimes. Your case has no red flags (that we know of) but falls into the problematic story of "intention at POE", which is always guaranteed to bring up controversy, hence the anxiety-inducing back and forth here. But all that is now moot, as previously stated, since CBP was satisfied with the answers they got.

 

Welcome to the forum, and good luck starting your immigration journey.

 

 

[Rocio0010 5,599]

7 hours ago, GattAttack said:

I mean I only bought a one way ticket so that should be pretty clear

What’s “clear”? I mean, if you buy a one way ticket, for DHS that might be an indicator of intention to marry and stay, which is fraud. She was lucky to get away with it. Some people are not allowed in.

[Rocio0010 5,599]

8 hours ago, GattAttack said:

am located in WV

You’re lucky. Your FO is Pittsburgh, and they have one of the highest approval rates.

 

*cue to sing 🎤 Country Roads, take me home…*

[MMDG 106]

According to google more than half a million people adjust status after entering USA a year! Chances are you will be fine.

[Redro 4,611]

14 hours ago, GattAttack said:

So we should have her go back to mexico?

Your choice. 

There is always a chance you're the unlucky applicants who get flagged for fraud and you have a protracted process. 

But, it could be business as usual and your partner stays in the US. Gets her AP and EAD without issue and receives the GC without further questioning. 

Good luck!