Issue with my In-laws to be wanting to migrate

[confusedshoes 193]

 

4 hours ago, YVxPX said:

I've got a strange and unique case. Around the time I've sent out my fiancé visa, my in-laws to be came to the United States legally on a B-2 Visa. Despite just being on a tourist visa, they've been here working the whole time. Their six months is about to be up in August and they don't plan on going back because they feel they can better help my fiancés younger siblings here financially. Their decision to be here will not affect my fiancés upcoming interview. It is however bound to be volatile. Without social services they're looking for an adjustment of status as to stay in the States longer. As far as I know they'll be living here illegally with legal entry.

 

From what I know the only individuals who can possibly file an adjustment of status for them are their living siblings and my fiancé. As you can tell this is a blunder. Sibling petitions tend to get back logged for over a decade. For my fiancé, this requires that she makes the 90 days and earns her citizenship three years after that.

 

I'm annoyed that my in-laws to be made this a conundrum for my fiancé. Still, as a peace of mind for her though, what would anyone recommend as an option for them?

 

It's not as strange or unique. They should really go home. What they're planning wouldn't work. And if they try, they would have a difficult time coming back for future visits with their history of overstay and if it ever gets found out they were working with no work permit to boot.

[SalishSea 17,803]

This is why people from their country have problems getting visas to visit the US.   

[EatBulaga 315]

@YVxPX First, it is legal to work on B-2 now?

 

Second, are their B-2 visas 10-year with multiple entries? If so, then is it possible to just do a visa run and reset their 6-month countdown?

Edited July 17, 2023 by EatBulaga

[Dashinka 24,480]

11 hours ago, YVxPX said:

I've got a strange and unique case. Around the time I've sent out my fiancé visa, my in-laws to be came to the United States legally on a B-2 Visa. Despite just being on a tourist visa, they've been here working the whole time. Their six months is about to be up in August and they don't plan on going back because they feel they can better help my fiancés younger siblings here financially. Their decision to be here will not affect my fiancés upcoming interview. It is however bound to be volatile. Without social services they're looking for an adjustment of status as to stay in the States longer. As far as I know they'll be living here illegally with legal entry.

 

From what I know the only individuals who can possibly file an adjustment of status for them are their living siblings and my fiancé. As you can tell this is a blunder. Sibling petitions tend to get back logged for over a decade. For my fiancé, this requires that she makes the 90 days and earns her citizenship three years after that.

 

I'm annoyed that my in-laws to be made this a conundrum for my fiancé. Still, as a peace of mind for her though, what would anyone recommend as an option for them?

They're only real legal option is to go home.  It will take years (4-5) for their daughter, your future wife to be in a position to sponsor them as IR5.  They were able to secure B2 visas, they should not abuse that privilege any more than they already have.

 

Good Luck!

[African Zealot 1,455]

Actually unlike what others are recommending, going home now is not a solution. They’ve already been working illegally so if they’re going to be completely honest in subsequent interviews, they cannot return. Visas won’t be approved. Returning to the USA is out.
 

I can’t also recommend they may as well continue with their illegal stay and illegal plan to obtain citizenship at some point probably through marriage.

 

This is a mess all around and happens a lot. Ugh! 

 

 

Edited July 17, 2023 by African Zealot

[Redro 4,611]

13 hours ago, YVxPX said:

I've got a strange and unique case. Around the time I've sent out my fiancé visa, my in-laws to be came to the United States legally on a B-2 Visa. Despite just being on a tourist visa, they've been here working the whole time. Their six months is about to be up in August and they don't plan on going back because they feel they can better help my fiancés younger siblings here financially. Their decision to be here will not affect my fiancés upcoming interview. It is however bound to be volatile. Without social services they're looking for an adjustment of status as to stay in the States longer. As far as I know they'll be living here illegally with legal entry.

 

From what I know the only individuals who can possibly file an adjustment of status for them are their living siblings and my fiancé. As you can tell this is a blunder. Sibling petitions tend to get back logged for over a decade. For my fiancé, this requires that she makes the 90 days and earns her citizenship three years after that.

 

I'm annoyed that my in-laws to be made this a conundrum for my fiancé. Still, as a peace of mind for her though, what would anyone recommend as an option for them?

There only legal option right now is to stop working and return home before they overstay. 

 

1.)  How well do you know your fiance? How much time have you spent with her?

2.) If you filed the I-129F petition for her 4-5 months ago... Her petition won't be approved for another 6 months (maybe sooner). Her interview won't be until next year. Maybe mid 2024.  

3.) When she completes her DS160 she will have to indicate both parents are in the US (if they haven't returned).

4.) The IO might assume she is only marrying you to eventually get her parents status. 

5.) She will probably only get the green card in 2025. So applying for citizenship will happen in 2028. Maybe she will only be able to petition them in 2029. 

 

I would make sure they are aware they will be staying in the US without status for very many years. They won't be able to return to their home country at all. And they don't know if the K1 visa interview will go smoothly. The daughter moving to the US and becoming a citizen is not a fast process. Also, you should make sure neither of them is claiming to be a US citizen... 

Edited July 17, 2023 by Redro

[Crazy Cat 41,814]

I've always wondered if this law is ever enforced:

8 USC 1324: Bringing in and harboring certain aliens (house.gov)

 

"

§1324. Bringing in and harboring certain aliens

(a) Criminal penalties

(1)(A) Any person who-

(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;

(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;

(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;

(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or

(v)(I) engages in any conspiracy to commit any of the preceding acts, or

(II) aids or abets the commission of any of the preceding acts,

 

shall be punished as provided in subparagraph (B).

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs-

(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;

(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;

(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and

(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.

Edited July 17, 2023 by Crazy Cat

[Adventine 3,196]

2 hours ago, EatBulaga said:

@YVxPX First, it is legal to work on B-2 now?

 

Second, are their B-2 visas 10-year with multiple entries? If so, then is it possible to just do a visa run and reset their 6-month countdown?

 

It's never been legal to work on a US tourist visa.

[Dashinka 24,480]

1 hour ago, African Zealot said:

Actually unlike what others are recommending, going home now is not a solution. They’ve already been working illegally so if they’re going to be completely honest in subsequent interviews, they cannot return. Visas won’t be approved. Returning to the USA is out.
 

I can’t also recommend they may as well continue with their illegal stay and illegal plan to obtain citizenship at some point probably through marriage.

 

This is a mess all around and happens a lot. Ugh! 

 

 

You are correct, they have already violated the terms of their B2 visa.  It is a mess all around.

[retheem 564]

14 hours ago, YVxPX said:

I've got a strange and unique case. Around the time I've sent out my fiancé visa, my in-laws to be came to the United States legally on a B-2 Visa. Despite just being on a tourist visa, they've been here working the whole time. Their six months is about to be up in August and they don't plan on going back because they feel they can better help my fiancés younger siblings here financially. Their decision to be here will not affect my fiancés upcoming interview. It is however bound to be volatile. Without social services they're looking for an adjustment of status as to stay in the States longer. As far as I know they'll be living here illegally with legal entry.

 

From what I know the only individuals who can possibly file an adjustment of status for them are their living siblings and my fiancé. As you can tell this is a blunder. Sibling petitions tend to get back logged for over a decade. For my fiancé, this requires that she makes the 90 days and earns her citizenship three years after that.

 

I'm annoyed that my in-laws to be made this a conundrum for my fiancé. Still, as a peace of mind for her though, what would anyone recommend as an option for them?

They can stay underground until their daughter becomes a citizen? Ya? 

[Boiler 45,449]

This is not unusual, I have seen no end of cases where parents have been here illegally for decades and then adjusted through children.

[Crazy Cat 41,814]

5 minutes ago, retheem said:

They can stay underground until their daughter becomes a citizen? Ya? 

I wonder if it is good moral character to harbor people who are in the US illegally......just a question.

Edited July 17, 2023 by Crazy Cat

[Boiler 45,449]

2 minutes ago, Crazy Cat said:

I wonder if it is good moral character to harbor people in the US illegally......just a question.

I have never come across it being an issue.

[JeanneAdil 6,489]

they are already breaking immigration laws by working on a tourist visa

your fiancee has years to wait for even the green card

Are they staying with u while in the US?

if not,  not your problem and don't offer to make it yours

if they are staying with you,  offer to drive them to the airport when the B visa is up

Tell them this has to be legal 

[Redro 4,611]

33 minutes ago, Boiler said:

This is not unusual, I have seen no end of cases where parents have been here illegally for decades and then adjusted through children.

Generally the children enter the US with the parents or they are born in the US… OP’s fiancé(the child) is still in her home country and hasn’t completed the Ds160 or interviewed yet. So, I’ll be interested to see how this plays out…