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

[Dashinka 24,706]

10 hours ago, Rocio0010 said:

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.

I disagree a little.  Having a round-trip ticket is no indication that someone is absolutely planning to return, and having a one-way ticket is not a slam dunk that someone plans to stay.  I know, or at least believe, with ESTA, a round trip ticket is a a requirement, but I am not certain this is the case with a B2.  Airline tickets vary in price, and sometimes it is cheaper to do multiple one way tickets.

[Rocio0010 5,599]

2 hours ago, Dashinka said:

I disagree a little.  Having a round-trip ticket is no indication that someone is absolutely planning to return, and having a one-way ticket is not a slam dunk that someone plans to stay.  I know, or at least believe, with ESTA, a round trip ticket is a a requirement, but I am not certain this is the case with a B2.  Airline tickets vary in price, and sometimes it is cheaper to do multiple one way tickets.

Agree. I am nitpicking, but my point is that I don't understand what OP meant by being "clear"

[SusieQQQ 11,587]

3 hours ago, Dashinka said:

I disagree a little.  Having a round-trip ticket is no indication that someone is absolutely planning to return, and having a one-way ticket is not a slam dunk that someone plans to stay.  I know, or at least believe, with ESTA, a round trip ticket is a a requirement, but I am not certain this is the case with a B2.  Airline tickets vary in price, and sometimes it is cheaper to do multiple one way tickets.

This is correct, a return ticket is not required for an entry on a B visa. That doesn’t change the implications of how OP phrased it though.  Hopefully the fiancé didn’t forget any of the conversation at the border. Telling CBP you are “visiting for at least two weeks” , the “at least” notwithstanding, could be clearly labeled misrepresentation if the intent was to stay. 
 

 

Edited June 1, 2022 by SusieQQQ

[Rocio0010 5,599]

20 minutes ago, SusieQQQ said:

That doesn’t change the implications of how OP phrased it though.

I might be reading into it too much -I usually do- but to me it sounded like OP meant that their intention to stay and adjust was clear from her he one- way ticket. He sounded like “it is clear that that was our intention, we just didn’t explicitly stated it to CBP”. OP sounded to me like “too bad they didn’t realize”. But I digress and we’ll probably never know unless OP clarifies it.

I don’t think it’s going to be an issue though. I have never seen this brought up at an interview though.

[SusieQQQ 11,587]

Just now, Rocio0010 said:

I might be reading into it too much -I usually do- but to me it sounded like OP meant that their intention to stay and adjust was clear from her he one- way ticket. He sounded like “it is clear that that was our intention, we just didn’t explicitly stated it to CBP”. OP sounded to me like “too bad they didn’t realize”. But I digress and we’ll probably never know unless OP clarifies it.

I don’t think it’s going to be an issue though. I have never seen this brought up at an interview though.

I agree with you re: intent

 

I have seen a couple of cases where it has proved to be an issue, but it does seem rare

 

 

[GattAttack 2]

Yeah I am trying to do this legally. I'm not trying to commit fraud. I can buy her a ticket back at any point. We know we want to get married. She has a little over 5 months here. That is plenty of time for us to research the proper channels that we need to go through. It is all extremely confusing. I'm not sure which "route" to take in order to get her residency and us be a married couple living together. 

[Rocio0010 5,599]

1 minute ago, GattAttack said:

I can buy her a ticket back at any point

This is just for you to learn. I’m not saying it’s what is going to happen to your case. I do not think you are going to be charged with fraud, but IF you were, buying her a ticket back wouldn’t help.  That wouldn’t cure the “intent” of her coming and staying vs just visiting. 

 

3 minutes ago, GattAttack said:

It is all extremely confusing. I'm not sure which "route" to take in order to get her residency and us be a married couple living together. 

It’s not that confusing. Either you marry, she stays and adjust status (option 1). Option 2 you marry, she leaves and goes for CR1. Option 3 she leaves, you get engaged, apply for a K1, she travels back to the US once approved, and AOS.

It seems that option 1 is what you want to do if you don’t want to be separated and if she can deal with not being able to do much for 8-9 months

[Redro 4,611]

11 minutes ago, GattAttack said:

Yeah I am trying to do this legally. I'm not trying to commit fraud. I can buy her a ticket back at any point. We know we want to get married. She has a little over 5 months here. That is plenty of time for us to research the proper channels that we need to go through. It is all extremely confusing. I'm not sure which "route" to take in order to get her residency and us be a married couple living together. 

Your options are adjust status (Your partner must stay in the US, cannot work or drive- you need an EAD for WC).

Or get married and your partner visits you while you wait out the process. 

 

I would personally get married now and then wait another 3-4 months before deciding which route to take... Maybe even wait the full 6 months. If your partner is fine with being home and having no independence for a a year or so then adjust. If she finds sitting around for 3-4 months unable to work or drive or go back home to see her family. File the I-130 and have her go through the consulate. 

 

Some couples thrive in being together 24/7 and dependent on each other for activities. Others need their space and independence. 

I'm not sure how long you've know your partner. But, you're probably still in the honeymoon phase/ vacation mode. 

If you truly do want to be together you can make it work. But, don't rush into anything. Take your time... she has at least another 5 months in the country. 

Edited June 1, 2022 by ROK2USA

[GattAttack 2]

I work from home and she is always doing some sort of online course. We plan on doing AOS. Would it be wiser to get married now or wait a few months into her being here to get married? Or does it even matter?

[Rocio0010 5,599]

21 minutes ago, GattAttack said:

Would it be wiser to get married now or wait a few months into her being here to get married? Or does it even matter?

From the immigration point of view, it doesn’t really matter now that intent has been established.

From a relationship point of view, I would wait. If you have some months left on her visa, why the rush?

[SusieQQQ 11,587]

1 hour ago, GattAttack said:

I work from home and she is always doing some sort of online course. We plan on doing AOS. Would it be wiser to get married now or wait a few months into her being here to get married? Or does it even matter?

The date of the marriage doesn’t matter for immigration purposes. Figure out what’s best for you guys. It’s not that clear to me how long you’ve been together and if you’re feeling time pressure to marry for immigration issues maybe best to wait a few months. On the other hand if you’ve been together a while and absolutely know you want to do this, then marry whenever feels right. The longer you’ve been married, the more chance your future wife will end up with an unconditional green card (will happen if you’ve been married 2+ years as of the date she becomes a LPR).

 

Just checking one thing, you are a citizen not a green card holder right ?

[GattAttack 2]

I am a United States Citizen. We were going to get married on 07/07. So whatever date we get married has no implications on her immigration status? Whether it be today or 5 months from now? 

[Rocio0010 5,599]

16 hours ago, GattAttack said:

I am a United States Citizen. We were going to get married on 07/07. So whatever date we get married has no implications on her immigration status? Whether it be today or 5 months from now? 

No. Marriage itself does not confer any type of immigration benefit.

[EmilyW 1,505]

Quick question: when did you decide you were going to marry on 7/7? 

[Verrou 1,962]

21 hours ago, GattAttack said:

I am a United States Citizen. We were going to get married on 07/07. So whatever date we get married has no implications on her immigration status? Whether it be today or 5 months from now? 

it's unrelated. getting married doesn't change her immigration status