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

#1 midah

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Posted 11 January 2010 - 09:01 PM

NEED IMMEDIATE HELP DESPERATELY cos TIME is RUNNING OUT for my Fiance!!!! :clock:
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.
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#2 Bobby+Umit

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Posted 11 January 2010 - 09:17 PM

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 by Bobby_Umit, 11 January 2010 - 09:20 PM.

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My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

#3 Anh map

Anh map

    K1 > AOS > ROC > USC



Posted 11 January 2010 - 09:19 PM

Entering on a non-immigrant visa with immigrant intent is fraudulent. From what you say, your fiancee has violated the immigration law already.
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#4 belinda63

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Posted 11 January 2010 - 11:06 PM

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,
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#5 trillium13

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Posted 11 January 2010 - 11:36 PM

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.
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#6 christeen

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Posted 11 January 2010 - 11:49 PM

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???
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#7 Luckygoat

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Posted 12 January 2010 - 01:10 AM

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.
  • 0
Came to the U.S on a F1 visa January 2008
Got engaged to my USC girlfriend Dec 2008
DEC 29th 2009 Married
JAN 27th 2010 Medical completed Jan 27th
FEB 17th 2010 AOS + I-130 package sent
FEB 25th Got emails with all receipt # ( but not able to check on USCIS site)
FEB 28th Online status check available
MAR 1st Received Hard Copy of NOA's in the mail
MAR 8th Received Biometrics appointment in mail: for Mar 18th (however no updates on site or email notifications)
MAR 9th Biometrics complete via walk-in (All docs touched on USCIS site)
MAR 26th Received interview appointment (For May 6th)
APR 23rd Touched on I-130 and I-485
APR 26th Touched on all docs, EAD card production ordered
MAY 1st Advance patrol in mail
MAY 6th Interview (Request for additional information)
MAY 6th EAD in mail
June 1st (RFE mailed in)
June 28th Notice of approval on USCIS website
July 3th GREEN CARD INT HE MAIL!!!

#8 VanessaTony

VanessaTony

    Little Miss



Posted 12 January 2010 - 04:21 AM

NEED IMMEDIATE HELP DESPERATELY cos TIME is RUNNING OUT for my Fiance!!!! :clock:
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 by Vanessa&Tony, 12 January 2010 - 04:26 AM.

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#9 Brother Hesekiel

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Posted 12 January 2010 - 12:26 PM

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.
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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

#10 mamaSue

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Posted 12 January 2010 - 05:55 PM

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.
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Old and Grumpy....But an American Citizen!!!


#11 Darnell

Darnell

    Wuhan Rocks !



Posted 12 January 2010 - 05:59 PM

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 by Darnell, 12 January 2010 - 06:02 PM.

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#12 milimelo

milimelo

    Star Member



Posted 12 January 2010 - 06:01 PM

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.
  • 0
Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC
3/5/2009 - I-751 received in CSC
3/9/2009 - Check cashed
3/20/2009 - Biometrics notice received (no NOA1)
4/2/2009 - Biometrics
4/9/2009 - NOA1 date (first undelivered one is 3/5)
4/3/2009 - Touch?
5/6/2009 - ROC Approval - 65 days
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7/7/2009 - GC arrived!

Naturalization Journey
3/03/2010 N400 sent to Arizona Lockbox
3/15/2010 Check cashed
3/17/2010 NOA1
3/18/2010 - Biometrics notice sent
3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)
4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)
5/1/2010 Text and email interview letter sen
5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am
6/17/2010 Interview appointment - PASSED
6/29/2010 US Citizen

#13 Darnell

Darnell

    Wuhan Rocks !



Posted 12 January 2010 - 06:11 PM

milimelo - hey - thanks for the edit ;) i always appreciate it when ppl step up - it's normally a thankless job, ya?
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#14 canusa920

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Posted 22 November 2013 - 03:38 PM

NEED IMMEDIATE HELP DESPERATELY cos TIME is RUNNING OUT for my Fiance!!!! ClockWatch2.gif
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


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#15 christeen

christeen

    Diamond Member



Posted 22 November 2013 - 03:42 PM

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...
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10/14/2000 - Met Aboard a Cruise ship
06/14/2003 - Married Savona Italy
I-130
03/21/2009 - I-130 Mailed to Chicago lockbox
11-30-09: GOT GREEN CARD in mail!!!!!!
Citizenship Process;
1/11/2013: Mailed N400 to Dallas Texas
3/11/2013: interview.. Approved
4/4/2013. : Oath! Now a U.S. citizen!



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