B1/B2 AOS - Marriage Recommendation

[SamJolem 1]

Hello,

 

I am a USC and my fiancée is an Indonesian citizen. She has a B1/B2. 

 

We are not married yet. We had been considering K1 but an attorney I chatted with stated that instead of applying for a K1 since my fiancée has a B1/B2 already, my fiancée could enter on her B1/B2, hit 60 days (this is what the attorney said, my research after shows 90 days as the threshold), and then apply for AOS and file an I-130.

 

I wanted an opinion on when our marriage should take place. Per the attorney it could be whenever, but my options are as below:

1.) Marriage in Australia

2.) Marriage via zoom in Utah when my fiancée and I are physically together (the attorney recommended against online marriage in this method, I have seen it suggested on this forum many times which makes me think she is wrong) 

3.) My fiancée will come here for a short visit in April, marriage at this time

4.) My fiancée would plan to enter on her B1/B2, and then marry after 90 days and apply for AOS. This would be late year.

 

Appreciate any opinions and advice. 

[Crazy Cat 42,547]

I would immediately fire that attorney.  What she is advising is outright visa fraud.  A person cannot enter the US as a visitor with the intent to stay and adjust status.  Rethink your plan.

In addition, it is a violation of the terms of service of this web site to condone or instruct anyone to engage in illegal immigration activity.

Edited Sunday at 05:51 PM by Crazy Cat

[SamJolem 1]

Thanks for the quick reply and information.

[Crazy Cat 42,547]

16 minutes ago, SamJolem said:

Thanks for the quick reply and information.

Options:

 

1.  Legally marry somewhere.  File an I-130 to start the spousal visa process. Your then spouse could visit the US (at the discretion of CBP) during the process, but cannot live in the US until the process is finished.

2.  File an I-129f to start the fiance visa process.  Your fiance could visit the US (at the discretion of CBP) during the process, but cannot live in the US until the process is finished.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

Edited Sunday at 06:14 PM by Crazy Cat

[Crazy Cat 42,547]

Here is a good article (although a few years old) which explains that entering the US as a visitor with intent to stay is fraud:

 

Can I enter on a visitor’s visa (B-2) and then adjust status to permanent resident? – Sound Immigration

Edited Sunday at 06:26 PM by Crazy Cat

[Ontarkie 14,540]

~~Moved to What Visa DO I Need, from Bringing Family of USC- As the OP has not started any process yet.~~

[appleblossom 3,301]

1 hour ago, SamJolem said:

We had been considering K1 but an attorney I chatted with stated that instead of applying for a K1 since my fiancée has a B1/B2 already, my fiancée could enter on her B1/B2, hit 60 days (this is what the attorney said, my research after shows 90 days as the threshold), and then apply for AOS and file an I-130.

 

I’d ask that attorney to put his suggestion in writing. Bet they won’t. 😂

[EmilyW 1,547]

Definitely fire that attorney.  They are recommending you break the law, and they are dissing the Utah route which has proven highly successful for many.

 

I'd say they are either incompetent or malicious, either of which should make you ditch them.

[SalishSea 18,218]

7 hours ago, appleblossom said:

 

I’d ask that attorney to put his suggestion in writing. Bet they won’t. 😂

Right, and OP, if your GF tells CBP of this plan when she arrives, she will immediately be sent back on the next flight.

Edited Monday at 02:41 AM by SalishSea

[JeanneAdil 6,693]

USCIS site explains it in the following statement

 

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can marry? There could be serious problems for your fiancé(e) if he or she enters the United States on another visa with the intention of marrying and residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years

 

 

page 2 form USCIS site

 

https://www.uscis.gov/sites/default/files/document/guides/A2en.pdf