Concerned about future wives status.

[jboring 0]

Hello all,

 

Hopefully this is the right forum to post this if not I apologize. My fiancé is from Zambia. We met online through a dating app and I originally planned to visit her first in Zambia. She previous had a tourist visa to visit the US because she has a sister that lives here. She made a trip to visit her sister last year mostly to help her sister with her children. She decided to visit the USA again since her visa permitted it. We had no discussions about marriage or anything like that previous to her visiting the USA.  Our relationship progressed and I asked her to marry me. We are getting married this weekend and are going to star filing forms I-130 and I-485. I thought everything was pretty straight forward. We have pictures to support our relationship and statements from friends/family. I was feeling good about it until I read this: 

 

Yes, if your spouse entered the US on a tourist visa with the intention of getting married and immigrating, and you are already married, it is strongly recommended that they return to their home country and have the I-130 petition filed from there to avoid potential issues with immigration authorities, including denial of a green card application, deportation, or a ban on future re-entry.

 

She didn't enter the country with those intentions and it was never discussed in the supporting messages from whatsapp I'll be submitting with the forms.

 

Can anyone shed some light on this for me?

[jboring 0]

NY

Edited Friday at 02:56 AM by jboring

[Dashinka 24,628]

7 hours ago, jboring said:

Hello all,

 

Hopefully this is the right forum to post this if not I apologize. My fiancé is from Zambia. We met online through a dating app and I originally planned to visit her first in Zambia. She previous had a tourist visa to visit the US because she has a sister that lives here. She made a trip to visit her sister last year mostly to help her sister with her children. She decided to visit the USA again since her visa permitted it. We had no discussions about marriage or anything like that previous to her visiting the USA.  Our relationship progressed and I asked her to marry me. We are getting married this weekend and are going to star filing forms I-130 and I-485. I thought everything was pretty straight forward. We have pictures to support our relationship and statements from friends/family. I was feeling good about it until I read this: 

 

Yes, if your spouse entered the US on a tourist visa with the intention of getting married and immigrating, and you are already married, it is strongly recommended that they return to their home country and have the I-130 petition filed from there to avoid potential issues with immigration authorities, including denial of a green card application, deportation, or a ban on future re-entry.

 

She didn't enter the country with those intentions and it was never discussed in the supporting messages from whatsapp I'll be submitting with the forms.

 

Can anyone shed some light on this for me?

If she is currently in the U.S., and life changes occurred she is fine to adjust status (intent is determined at the border upon entry).

 

Good Luck!

[smilingstone 206]

Helping with childcare isn't the purpose of a tourist visa. 

 

Good luck! 

[appleblossom 2,792]

11 hours ago, jboring said:

She didn't enter the country with those intentions and it was never discussed in the supporting messages from whatsapp I'll be submitting with the forms.

 

 

Then it sounds like you're fine for her to adjust status. As long as neither of you had the intent of her staying when she entered and there's no evidence to say otherwise (i.e. she didn't give notice on her job/house/etc before coming to the US, or sell belongings etc) then it's no issue. 

 

Good luck. 

[SalishSea 17,952]

As long as she didn't lie to CBP, shouldn't be a problem.  She should be aware that she may not be able to work or leave the US for up to one year.

[EmilyW 1,461]

Intent was decided at the border when she entered, so long as she did not lie.  You are good to file an adjustment.  Her 'work' helping her sister will be forgiven.

 

Any other family members who want a tourist visa going forwards?  Well, that might be a different issue.

[Ryan H 3,815]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.