AOS prior intent - potential gray area?

[RoyalBlue22 0]

Summary (feel free to respond after reading this if you don't want to read the whole text wall): If I, a US citizen, were to propose to and marry my long-time, long-distance girlfriend (non-US citizen, B2 visa holder) on a future visit she makes to the US, and then she were to subsequently apply to adjust status to a green card on the same trip, would this open either of us up to allegations of wrongdoing/visa fraud? The key point here is that the whole plan would be something I spring on her only AFTER she arrives into the country, which she wouldn't have previous knowledge of. 

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I'm a US national, and my foreign (non-US citizen, B2 visa holder) girlfriend and I have been in a long distance (international) relationship for a number of years. We've talked of marriage, and both understand the fact that it's the only way we can close the distance be together permanently. We've also talked of the idea of the US being more likely the place we'd settle, between my country and hers. She'll also be graduating from university in the near future. 

 

I intend to propose to her soon, and I have no doubt she'll say yes. However, I understand that the typical route for someone currently outside the country who is married to--or intends to marry--a US citizen, is a K1 or CR1 visa, and that those are taking forever (+18 months?) to process right now. As an aside, we have a rock solid story and plenty of documentation, and friends and family from both sides who can attest to our longstanding relationship, so maybe that would expedite the process? In any event, I understand that a likely faster route would be for her to arrive on some other kind of visa (either B2, which she has, or J1 or F1, which she is considering applying for in order to work temporarily/study for a grad degree here after she graduates undergrad), and then for us to get married and for her to file for an AOS to a green card.

I understand its illegal/visa fraud for her to arrive on one of the non-immigrant visa types I mentioned, with the intent to try to adjust status on the same trip and get a green card. However, what if that idea comes from me, the US citizen, and it's a plan I spring on her/propose to her only after she arrives? Would either of us open ourselves up to allegations of wrongdoing/visa fraud in that case?

[OldUser 6,604]

Hi @RoyalBlue22 the intent is generally applicable to the immigrant.

 

Scenario 1

Say she arrives on F1 to do her postgraduate degree with intention of going back home. If 3-4 months into during her studies you both realize that you don't want to separate any longer and get married - that's perfectly legal. You just cannot plan this proposal / marriage ahead. You guys marry and she completes her degree. This is perfectly fine.

 

Scenario 2

Say she arrives on B1/B2 visit visa for a long summer vacation or gap between her studies. You spend some time together (few months), and you decide to propose to her, total surprise. She decides to stay in the US. That's acceptable.

 

Scenario 3

Say she gets F1 or B1/B2 visa knowing she's gonna marry you. Or you discuss and plan ahead what your US wedding is going to be like, who's going to get invited, when and where. You plan how she's going to adjust status. All of this before she comes for a visit. That IS immigration intent. If she lies to CBP or consulate about her intentions during interview, that may result with her being inadmissible during AOS.

 

Edited December 13, 2022 by OldUser

[SteveInBostonI130 3,432]

It is fraud to plan to enter on a B2 or other non-immigrant, non-dual intent visa (like K1) and adjust status.

 

Consular processing is the correct method.

[iwannaplay54 985]

5 hours ago, RoyalBlue22 said:

Summary (feel free to respond after reading this if you don't want to read the whole text wall): If I, a US citizen, were to propose to and marry my long-time, long-distance girlfriend (non-US citizen, B2 visa holder) on a future visit she makes to the US, and then she were to subsequently apply to adjust status to a green card on the same trip, would this open either of us up to allegations of wrongdoing/visa fraud? The key point here is that the whole plan would be something I spring on her only AFTER she arrives into the country, which she wouldn't have previous knowledge of. 

--------

I'm a US national, and my foreign (non-US citizen, B2 visa holder) girlfriend and I have been in a long distance (international) relationship for a number of years. We've talked of marriage, and both understand the fact that it's the only way we can close the distance be together permanently. We've also talked of the idea of the US being more likely the place we'd settle, between my country and hers. She'll also be graduating from university in the near future. 

 

I intend to propose to her soon, and I have no doubt she'll say yes. However, I understand that the typical route for someone currently outside the country who is married to--or intends to marry--a US citizen, is a K1 or CR1 visa, and that those are taking forever (+18 months?) to process right now. As an aside, we have a rock solid story and plenty of documentation, and friends and family from both sides who can attest to our longstanding relationship, so maybe that would expedite the process? In any event, I understand that a likely faster route would be for her to arrive on some other kind of visa (either B2, which she has, or J1 or F1, which she is considering applying for in order to work temporarily/study for a grad degree here after she graduates undergrad), and then for us to get married and for her to file for an AOS to a green card.

I understand its illegal/visa fraud for her to arrive on one of the non-immigrant visa types I mentioned, with the intent to try to adjust status on the same trip and get a green card. However, what if that idea comes from me, the US citizen, and it's a plan I spring on her/propose to her only after she arrives? Would either of us open ourselves up to allegations of wrongdoing/visa fraud in that case?

It is as fraudulent for a USC to plan ways to skip the line as it is for an immigrant to misuse a non-immigrant visa with immigrant intent.

 

Edited December 13, 2022 by iwannaplay54

[Unlockable 7,314]

*** Thread locked for review.

 

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