AOS, Did search unable to find answer

[redsail 1]

I met a girl last year in the US on a tourist Visa (she has 10 visa has visited US 3 times). She is coming back this summer and we have made to do some travel together. I know if we were to marry we could apply for AOS (and there is the suggested not filing before 91 days). We have no plans on getting married on this trip. We talked about during the waiting process for AOS  if she left without Advanced Parole we would have to start the process over. Her mother's health has been declining. She said if her mother was very sick or die she would leave at that point regardless of Advanced Parole and I understand and support her decision.

 

Question: what difficulties if any would she have getting back into the US?

Edited April 3, 2023 by redsail

[Allaboutwaiting 2,503]

If you are already planning on adjusting status, it is immigration fraud. 

Edited April 3, 2023 by Allaboutwaiting

[Scandi 4,166]

As the other poster said, what you're planning is immigration fraud. 

[Crazy Cat 41,845]

31 minutes ago, redsail said:

I know if we were to marry we could apply for AOS (and there is the suggested not filing before 91 days)

Bad advice.  She cannot enter the US as a visitor with the intent to stay and adjust status.  It sounds like you already know that.  

My advice is to marry online, meet, then start the spousal visa process.

Edited April 3, 2023 by Crazy Cat

[Verrou 1,962]

55 minutes ago, redsail said:

I met a girl last year in the US on a tourist Visa (she has 10 visa has visited US 3 times). She is coming back this summer and we have made to do some travel together. I know if we were to marry we could apply for AOS (and there is the suggested not filing before 91 days). We have no plans on getting married on this trip. We talked about during the waiting process for AOS  if she left without Advanced Parole we would have to start the process over. Her mother's health has been declining. She said if her mother was very sick or die she would leave at that point regardless of Advanced Parole and I understand and support her decision.

 

Question: what difficulties if any would she have getting back into the US?

 

 file for spouse visa, she can wait in her home country and be able to be with her mother. the moment she enter US after getting the spouse visa, she is LPR

 

[JeanneAdil 6,498]

5 minutes ago, Misscloud said:

 

 file for spouse visa, she can wait in her home country and be able to be with her mother. the moment she enter US after getting the spouse visa, she is LPR

 

and as LPR on the spouse visa,  she can leave to see her mom

she must limit the stay per USCIS guides but she can come and go 

[Sammy_2496 116]

If she were already in the United States then she could adjust status… but she isn’t. What you are proposing here is immigration fraud, you cannot enter the US with the intention of adjusting status. You’re better off getting married and filing spouse visa.

[SalishSea 17,828]

2 hours ago, redsail said:

I met a girl last year in the US on a tourist Visa (she has 10 visa has visited US 3 times). She is coming back this summer and we have made to do some travel together. I know if we were to marry we could apply for AOS (and there is the suggested not filing before 91 days). We have no plans on getting married on this trip. We talked about during the waiting process for AOS  if she left without Advanced Parole we would have to start the process over. Her mother's health has been declining. She said if her mother was very sick or die she would leave at that point regardless of Advanced Parole and I understand and support her decision.

 

Question: what difficulties if any would she have getting back into the US?

Do NOT do this.   It is 100% fraud.

[mytruelove18 608]

13 hours ago, redsail said:

I met a girl last year in the US on a tourist Visa (she has 10 visa has visited US 3 times). She is coming back this summer and we have made to do some travel together. I know if we were to marry we could apply for AOS (and there is the suggested not filing before 91 days). We have no plans on getting married on this trip. We talked about during the waiting process for AOS  if she left without Advanced Parole we would have to start the process over. Her mother's health has been declining. She said if her mother was very sick or die she would leave at that point regardless of Advanced Parole and I understand and support her decision.

 

Question: what difficulties if any would she have getting back into the US?

She csn and visit you, 

You cn get marry but not adjust status, because is fraud if she stay.

But you can get marry and you apply for spouse visa.

She will be waiting the process in her country but she can visit during the waiting time. If something happen with her mon heath she can be with her and the process continue.

Spouse visa is cheaper that adjustment of status and in case of her mon get bad , she can be with her and you dont lose the money of aos because she abandone the process.

[Sarah&Facundo 595]

Lots of misinformation here:

 

1. No, you can not come to the US with a plan to marry and adjust status. That is immigration fraud and not legal.

2. The "91 day rule" is an internet myth and not a thing.

3. Yes, if someone leaves the US and they are not a permanent resident (green card holder) and do not hold an Advanced Parole document, they can not re-enter the US. 

 

If you choose to marry, they must file in the correct legal way. You can petition them for either a K1 (finance) visa or a CR1 (spouse) visa. With a Cr1 visa, she would be able to go and come to visit her mother/home country as she wishes.

[TBoneTX 45,286]

The OP has gotten solid answers, and further discussion invites talk of fraud, so this thread is now closed.  Do not restart this topic or revisit it elsewhere.