lawyer advises withdrawing i-129f, getting married, and overstaying visitor visa in US

[Crazy Cat 41,806]

That Tim Sparks guy really, really, really needs to join us here on VJ.  He is needs a LOT of education regarding immigration.

[Daphne . 1,852]

If the foreign national is in the US already, they can adjust status from their tourist visa, nothing illegal about it. (I didn’t watch the video btw..)

 

I would never advise to go that route, not a fan of AOS because of the restrictions that come with it, but it is possible. 

[Boiler 45,442]

7 minutes ago, Daphne . said:

If the foreign national is in the US already, they can adjust status from their tourist visa, nothing illegal about it. (I didn’t watch the video btw..)

 

I would never advise to go that route, not a fan of AOS because of the restrictions that come with it, but it is possible. 

If you are doing a K1 not much difference

[Daphne . 1,852]

Just now, Boiler said:

If you are doing a K1 not much difference

That’s true! Also the reason why I didn’t do the K1. 

[rich rich 10]

38 minutes ago, Crazy Cat said:

I watched the video.  Jim Hacking, the attorney,  is 100% correct, imo!!!!  

 

Hacking said to file an I-130 and an I-485.  He is right since she entered the US legally. 

Thanks.  So if the foreign national can enter on ESTA, then in theory, it would work the same way?  

 

I need to read up more on I-485. 

 

There was a large thread posted by someone with a fiance in China.  He contemplated doing something similar (i.e. bringing his fiance to the US and then getting married there).  So what's the distinction between this case in the video vs. the Chinese fiance?  Is it the fact that the fiance already filed for I-129f outside of the US?  If she then enters the US and gets married, it will be seen as skipping the line?

 

 

Edited December 17, 2022 by rich rich

[SalishSea 17,801]

41 minutes ago, rich rich said:

Lawyer did say in the video to file I-485 as well.  But that still takes time to approve right?  It would have to be approved before the visitor visa expires?

Yes, possibly two years.

[SalishSea 17,801]

4 minutes ago, rich rich said:

Thanks.  So if the foreign national can enter on ESTA, then in theory, it would work the same way?

 

I need to read up more on I-485. 

You CANNOT plan to do this.   That is fraud, which I think you’ve been told in previous threads.

[Boiler 45,442]

2 minutes ago, Jorgedig said:

You CANNOT plan to do this.   That is fraud, which I think you’ve been told in previous threads.

 

[Crazy Cat 41,806]

9 minutes ago, rich rich said:

Thanks.  So if the foreign national can enter on ESTA, then in theory, it would work the same way?

 

I need to read up more on I-485. 

A person cannot enter the US as a visitor with the intent to stay and adjust status.  In the video, the plan was not to stay when the young lady entered. 

[rich rich 10]

4 minutes ago, Jorgedig said:

You CANNOT plan to do this.   That is fraud, which I think you’ve been told in previous threads.

I wasn't told it was fraud.  I actually said myself that it sounded iffy.

 

 

[SalishSea 17,801]

59 minutes ago, Crazy Cat said:

That Tim Sparks guy really, really, really needs to join us here on VJ.  He is needs a LOT of education regarding immigration.

He’s probably already here! 😅😉

[Thunderbolt 172]

I wish gov would change AOS from B to take minimum 4 to 5 years. People wouldn't do this anymore and would do the proper way. 

It wouldn't clog the pipes where people applied and followed the rules. 

 

Edited December 18, 2022 by TBoneTX
removed word avoiding language-filter

[Rocio0010 5,579]

11 hours ago, rich rich said:

So what's the distinction between this case in the video vs. the Chinese fiance

The difference is that -apparently- Tim and his Indonesian fiancé did not plan to get married when she applied for a B1/B2, or at any point before she entered the US. 

From what you are saying (I haven’t read the thread, or if I did I don’t remember if), the Chinese guy and her girlfriend had already planned to skip the line by misrepresenting herself when she was asked about the purpose of her visit. 100% she said that the purpose of her visit was to spend ser x, x and x, instead of saying “oh, I’m here because I am getting married and I’m planning on staying!”

[rich rich 10]

3 hours ago, Thunderbolt said:

I wish gov would change AOS from B to take minimum 4 to 5 years. People wouldn't do this anymore and would do the proper way. 

It wouldn't clog the pipes where people applied and followed the rules. 

 

How about securing our borders like every other country on earth?  Every day, tens of thousands of people illegally cross our borders and get to stay while we have to wait years!!!

[Family 3,988]

15 hours ago, Crazy Cat said:

 

15 hours ago, rich rich said:

Typo, guy, not husband.  Watch the video

I watched the video.  Jim Hacking, the attorney,  is 100% correct, imo!!!!  

 

Hacking said to file an I-130 and an I-485.  He is right since she entered the US legally, with no intent for fraud

 

There are plenty of episodes , Hacking tells callers to have their overseas Fiancé ( with pending I-129 F and an available ESTA or B-2) to go ahead come in for a “ visit” and then adjust because “ those morons are taking too long”…never ceases to baffle me. 

 

 

Since your Fiancé made past go ( so to speak) and cleared CBP.,every attorney you consult will tell you : go ahead and file the adjustment…

 

In your case, your Fiancé seemed happy to spend time on her planned US visit, go back and attend her own commitments ( brother’s wedding) and follow the course of the pending I-129 F…and her B-2 remains available to her until that is complete. …or did I misunderstand her cues?