enter US on B2, overstay, get married, file I-130 & I-485. Will that b ok?

[midah 0]

NEED IMMEDIATE HELP DESPERATELY cos TIME is RUNNING OUT for my Fiance!!!!

I have applied for my american citizenship in early Dec09, went for fingerprint in early Jan10. Now waiting for interview and final approval. Expect to get the citizenship in May10.

My fiance came to US in end Oct 2009 on B2 visa, only allow to stay 3 mths till end Jan 2010. Plan to overstay, and get married after i get my citizenship in May. Then file for I-130 and I-485 for her. Is that legally ok??

If YES, questions are:

1) my fiance could be overstaying for at least 6 mths before we get married and then file for her status change and green card. Will the overstaying issue for AT LEAST 6mths be forgiven by USCIS?

2) Is there a time limit that my fiance can't be overstaying in order for her to get her application/status changed successfully??

3) we're going to get married in US. Can we get the registration of marriage official in US since my fiance enters US on B2 and actually has overstaying by the time we get married in summer 2010?

Many thanks in advance for those we give us advice.

[Bobby+Umit 161]

If the intent was to get married and AOS prior to coming to the US - that is not legal.

So - was there intent?

Your whole situation screams of "pre-planning" (waiting for USC, overstaying till you get it, etc...) - kinda risky - if you don't get the USC, or the AOS isn't granted, then your fiancee would be looking at a ban (due to the 180+ overstay) upon re-entry.

I would not recommend doing it this way...

Edited January 12, 2010 by Bobby_Umit

[Anh map 2,098]

Entering on a non-immigrant visa with immigrant intent is fraudulent. From what you say, your fiancee has violated the immigration law already.

[belinda63 2,981]

Suggest she return home and you do things the proper way. It would be fine for you to marry while she is here and then she can leave and you can file for a spousal visa or you can wait to get married and file for a fiance visa.

Coming to the US with the intent to immigrate on a tourist visa is immigration fraud.

You would have some huge red flags with your plan and I strongly recommend you do not follow through with it,

[trillium13 84]

My fiance came to US in end Oct 2009 on B2 visa, only allow to stay 3 mths till end Jan 2010. Plan to overstay, and get married after i get my citizenship in May. Then file for I-130 and I-485 for her. Is that legally ok??

No. Like others have stated, using a tourist visa to immigrate to the US IS immigration fraud. Since you're purposely planning on waiting til you get your citizenship to marry and file for his AOS you won't really be able to say it was a "spur of the moment" thing.

There are much safer ways to go about this.

[christeen 966]

On top of the "red flags" for fraud, I might add that an over 180 day overstay might come up as an issue... Think about it if you want to risk having a ban put on your spouse, is it worth it to try to cheat the system???

[Luckygoat 2]

Why is it that people feel the need to come to this country and overstay, breaking their laws. I've been traveling to the U.S over 100x since I was 6y.o and I never once stayed here 1 day over the time I was suppose to. Why cant she just go back home and come back whenever you get your U.S citizenship and take it from there (even though that is still illegal considering you guys already have migration intent).

If she is going to overstay then I suggest you get married right now and then file in may when you get your citizenship. That way she kinda have a reason to stay. If not then she needs to go home.

overstaying, followed by marriage, followed by filing looks EXTREMELY suspect. And if we can see that form your post, I am sure a trained officer will as well.

[VanessaTony 3,567]

NEED IMMEDIATE HELP DESPERATELY cos TIME is RUNNING OUT for my Fiance!!!!

I have applied for my american citizenship in early Dec09, went for fingerprint in early Jan10. Now waiting for interview and final approval. Expect to get the citizenship in May10.

My fiance came to US in end Oct 2009 on B2 visa, only allow to stay 3 mths till end Jan 2010. Plan to overstay, and get married after i get my citizenship in May. Then file for I-130 and I-485 for her. Is that legally ok?? legally? No not really. As stated, it depends on the INTENT involved

If YES, questions are: though it's really not a yes, I'll answer these anyway

1) my fiance could be overstaying for at least 6 mths before we get married and then file for her status change and green card. Will the overstaying issue for AT LEAST 6mths be forgiven by USCIS? There are cases where overstays have been forgiven (for different situations here and there) HOWEVER if you are denied she will be asked to leave, and given a ban based on how long she overstayed. If you overstay for 180+ days but less than a year, it's 3 years. If the overstay is a year or more, it's a 10 year ban. There is no guarantee that she will be approved (even if she DOESN'T overstay) but if she isn't approved (and she has overstayed) the consequences are great.

2) Is there a time limit that my fiance can't be overstaying in order for her to get her application/status changed successfully?? Not really, it depends on your situation. It's unlikely that they'll see her overstay as anything other than intent to violate immigration law, but it's still possible

3) we're going to get married in US. Can we get the registration of marriage official in US since my fiance enters US on B2 and actually has overstaying by the time we get married in summer 2010? Ignoring the last part of your qn, I was never asked for my visa status when I applied to get married so I assume she'll be fine in that regard, it's not the getting married part that's problematic, it's the process you're considering,

Many thanks in advance for those we give us advice.

Long story short, you're not in a good spot. I understand why you want to be together and that you want it to be ASAP, but you'd be better off doing it the proper and legal way, which is applying for a fiancee visa (k1) which takes around 6 months (sometimes more, sometimes less) or by getting married now which she's with you, and applying for a CR1 visa (spousal) which allows her to work as soon as she enters which can really help with saving money.

You are more than welcome to try your luck, but the chances are high that they will "smell" fraud and deny her. Also, if she's caught by immigration (before applying but being out of status) she will be deported. It's just so not worth the risk. The waiting sucks, we ALL know that, but being together the proper legal way means that you don't have to worry about being separated any second.

Also, as stated, it will look VERY suspicious that she's overstayed and that immediately after you getting citizenship you apply for her. I'm not sure what this means for you if you're caught but encouraging fraud I think carries a penalty...

Good luck with your decision.

Edited January 12, 2010 by Vanessa&Tony

[Brother Hesekiel 2,235]

By the letter of the law, what you are considering qualifies as immigration fraud. However, in reality, so I've learned, USCIS doesn't make it an issue and the overstay would be a non-issue at AOS either.

That said, your timing and planing is very poorly. if caught before you are even able to file for AOS, your fiancee would be detained for months, then put into removal proceedings with a 5-year ban attached. Is that likely? No, but is it worth the gamble? I feel it isn't.

Therefore, whatever you do should wait until you are, in fact, a US citizen. If you like, get married now but have her fly home before her I-94 expires. Once you are a USC, file the CR-1 for her and she can enter with confidence and a green card shortly after.

[mamaSue 38]

By the letter of the law, what you are considering qualifies as immigration fraud. However, in reality, so I've learned, USCIS doesn't make it an issue and the overstay would be a non-issue at AOS either.

That said, your timing and planing is very poorly. if caught before you are even able to file for AOS, your fiancee would be detained for months, then put into removal proceedings with a 5-year ban attached. Is that likely? No, but is it worth the gamble? I feel it isn't.

Therefore, whatever you do should wait until you are, in fact, a US citizen. If you like, get married now but have her fly home before her I-94 expires. Once you are a USC, file the CR-1 for her and she can enter with confidence and a green card shortly after.

Great advice here.... this is what I would recommend too!!

Is it really worth messing up your fiancee's immigration status for the sake of a few weeks apart?

I wouldn't risk it.

[Darnell 8,478]

I suggest you marry now, this week, then set up bonafides of marriage documents (study the I-130 instructions again ) -

then - put the fiance on the plane, leave the USA, before her I-94 expiration date.

After you get yer citizenship, file the I-130 .

Good Luck ! Overstays suck, being illegal sucks, please - don't make a suck-y situation for yer lass.

Edited January 12, 2010 by Darnell

[milimelo 4,165]

I suggest you marry now, this week, then set up bonafides of marriage documents (study the I-130 instructions again ) -

then - put the fiance wife on the plane, leave the USA, before her I-84 expiration date.

After you get yer citizenship, file the I-130 .

Good Luck ! Overstays suck, being illegal sucks, please - don't make a suck-y situation for yer lass.

If they're married, she is his wife, not fiance.

[Darnell 8,478]

milimelo - hey - thanks for the edit i always appreciate it when ppl step up - it's normally a thankless job, ya?

[canusa920 11]

NEED IMMEDIATE HELP DESPERATELY cos TIME is RUNNING OUT for my Fiance!!!!

I have applied for my american citizenship in early Dec09, went for fingerprint in early Jan10. Now waiting for interview and final approval. Expect to get the citizenship in May10.

My fiance came to US in end Oct 2009 on B2 visa, only allow to stay 3 mths till end Jan 2010. Plan to overstay, and get married after i get my citizenship in May. Then file for I-130 and I-485 for her. Is that legally ok??

If YES, questions are:

1) my fiance could be overstaying for at least 6 mths before we get married and then file for her status change and green card. Will the overstaying issue for AT LEAST 6mths be forgiven by USCIS?

2) Is there a time limit that my fiance can't be overstaying in order for her to get her application/status changed successfully??

3) we're going to get married in US. Can we get the registration of marriage official in US since my fiance enters US on B2 and actually has overstaying by the time we get married in summer 2010?

Many thanks in advance for those we give us advice.

Not trying to be rude, but this is why people who follow the rules get so much grief...I applied for my k1 and commuted from my home country (Canada), spending about $400 a month to come to the USA to visit my now husband. We commuted constantly to keep within the regulations of law. We did this until my K1 visa was approved (even when we became pregnant and I had to give birth in my home country). These are things you have to do to abide by the law, and not cutt corners. I could've entered with the intent to marry illegally like yourself, but this is how it ends up. Your fiance should return home, and you two will need to do it correctly if you want to be able to live together. My K1 took a total of 157 days, it was long but well worth it as now I am living LEGALLY in the USA with my husband and daughter. Please take the advice given, that doing things this way is a bad idea and will result in more bad than good. You can message me anytime if you want help with K1.

Katie & Ray

[christeen 966]

Not trying to be rude, but this is why people who follow the rules get so much grief...I applied for my k1 and commuted from my home country (Canada), spending about $400 a month to come to the USA to visit my now husband. We commuted constantly to keep within the regulations of law. We did this until my K1 visa was approved (even when we became pregnant and I had to give birth in my home country). These are things you have to do to abide by the law, and not cutt corners. I could've entered with the intent to marry illegally like yourself, but this is how it ends up. Your fiance should return home, and you two will need to do it correctly if you want to be able to live together. My K1 took a total of 157 days, it was long but well worth it as now I am living LEGALLY in the USA with my husband and daughter. Please take the advice given, that doing things this way is a bad idea and will result in more bad than good. You can message me anytime if you want help with K1.

Katie & Ray

Not trying to be rude... But this thread is from 2010... I hope the OP has gotten a resolution by now!!! No need to restart the thread...