Chinese overstaying B1 visa looking for husband

[miker32us 6]

A Chinese woman here in the USA has overstayed her B1 visa by several months. She is convinced she can marry an American and start the R-1 process but I think her application would be denied and she would have to return to China where it is likely she would be denied entry because of the overstay. Is this correct?

[arken 4,197]

She could be denied or issued a GC while staying in the US, depends on if she is just marrying an American or marrying the American to live the life together.

[Daphne . 1,888]

She can marry and adjust status if she is still in the US. Overstay will be forgiven for spouses of US Citizens.
 

Does she have a SO in the US already or is she now looking for somebody in the US to marry for immigration purposes? 

[miker32us 6]

She asked me at a recent Chinese party. I had no idea USCIS would forgive anyone's overstay. She was with an American guy but I have no idea if he is her SO or just a green card ticket. Max, you are so wrong to reply like that not knowing anything. I have been through the entire CR-1 process and am often asked my advice.

Edited September 16, 2022 by miker32us

[Adventine 3,201]

She can marry a US citizen and apply for Adjustment of Status. However, as @arken said, one of the criteria for granting her a GC is proving that her marriage is bonafide (meaning for love) instead of for immigration benefits. 

 

If you suspect that she is dating Americans for that second purpose, you are correct in keeping your distance.

[miker32us 6]

I am asked dozens of times for advice and assistance either at these parties or via email from our Chinese friends. That is the way it is when you are married to a Chinese, other people hear that you have successfully completed the program and ask for advice. What I have seen so many times is that the Chinese talk amongst themselves and spread totally false ideas. 

[JeanneAdil 6,570]

it is marriage fraud to look for a husband to marry to stay in the US on tourist visa

is the man a US citizen or green card holder?   makes a difference

so,  there is a lot we don't know to properly answer that question 

 

you went the CR1 route but this poor guy should be aware of what is involved with filing AOS in US
so,  if u know him encourage him to join VJ

the AOS is $1225 and he would need to cover all her expenses till she has finished the process and that means paying for all health care (insurance and bills not covered by the insurance)

 

The penalty for a fake marriage if discovered is five years in prison at most, a $250,000 fine, or both. The Immigration and Nationality Act 275(c) clearly spells out the immigration and criminal consequences for faking marriage for immigration purposes.Jun 18, 2022

[Palawan 131]

1 hour ago, JeanneAdil said:

it is marriage fraud to look for a husband to marry to stay in the US on tourist visa

is the man a US citizen or green card holder?   makes a difference

so,  there is a lot we don't know to properly answer that question 

 

you went the CR1 route but this poor guy should be aware of what is involved with filing AOS in US
so,  if u know him encourage him to join VJ

the AOS is $1225 and he would need to cover all her expenses till she has finished the process and that means paying for all health care (insurance and bills not covered by the insurance)

 

The penalty for a fake marriage if discovered is five years in prison at most, a $250,000 fine, or both. The Immigration and Nationality Act 275(c) clearly spells out the immigration and criminal consequences for faking marriage for immigration purposes.Jun 18, 2022

She stated marry and "American" 

[pittfiler 27]

Most of the time, overstay will be forgiven for truthful marriage

[JeanneAdil 6,570]

2 hours ago, Palawan said:

She stated marry and "American" 

yes,  but does she walk up and ask someone "are u a USC ?

many assume

you can't tell someone is a USC by looking at them

 

my German neighbor was here on H1 b visa and owned a house , car 

unless he had told us his story about the work to get the visa,  we would not have known

 

still it would be best if the man ,  himself ,  was here to ask what is the process and know the pitfalls

Edited September 16, 2022 by JeanneAdil

[JeanneAdil 6,570]

BTW  R1 is a temporary religious worker visa

so, she has no idea what is involved for her to marry and stay

[Boiler 45,711]

I misread the title, I thought she had a Husband and was here on a B looking for him.

[Sarge2155 4,590]

5 hours ago, MaxP22 said:

Why do you care so much? Probably best to stay out of her business, unless you are secretly hoping she marries you.

Really not a good thing to reply with, we here at VJ give helpful answers not blatantly rude and unfounded accusations.

[Unlockable 7,315]

*** Two posts removed and administrative action taken. Do not make rude, unhelpful, and disparaging remarks to other people on this sites as per the ToS.

 

The thread is now closed for comments.

 

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