Just to be clear

[msdelila 1]

Hi,

I'm new to all of this immigration stuff. I just want to make sure me and my spouse go about everything the best and legal way. My question is: Is he allowed to come into the US on his h1b tourist visa, and then are we allowed to file adjust status i-485 and i-130? Or would this be considered fraud, since he entered with the intention of "visiting"? We were married in 11-2008 in his home country. Are my only options to apply for a K3 visa for him or do consular processing? I've been reading conflicting things, so I'm confused. Any help would be appreciated.

One quick question....if we do it at the consular in his country and apply for an immigrant visa do I have to be present with him when he gets his interview?

Thanks.

[luv2uallday 1]

Hi,

I'm new to all of this immigration stuff. I just want to make sure me and my spouse go about everything the best and legal way. My question is: Is he allowed to come into the US on his h1b tourist visa, and then are we allowed to file adjust status i-485 and i-130? Or would this be considered fraud, since he entered with the intention of "visiting"? We were married in 11-2008 in his home country. Are my only options to apply for a K3 visa for him or do consular processing? I've been reading conflicting things, so I'm confused. Any help would be appreciated.

One quick question....if we do it at the consular in his country and apply for an immigrant visa do I have to be present with him when he gets his interview?

Thanks.

This is a gray area... I call it Quasi fraud.. If you come into the country on a b1 tourist visa and petition immediately that constitute fraud. by using your visa for other intentions other than what you stated on your application.

But if you waited some months like past 6 months per say you could adjust status. But even though it's not fraud in the strict sense of the word. it becomes and ethics issue. its not illegal but then again it's not right. You still came into the country with false pretences.

Also, actions like this makes it harder for others to attain visa's for the simple fact that you didn't do as you promised. (come here do the functions you stated then return in due time)

You would have a problem getting a tourist visa at least i would think knowing your husband is already in usa. The consular would see you as a high risk of immigrating.. You would need some good evidence that you would return home when your visa term is through.

The best way is the right way (IR/1, CR/1) or K3 that is your best avenue and its legal and ethics free

Good luck to you.

[msdelila 1]

Hi,

I'm new to all of this immigration stuff. I just want to make sure me and my spouse go about everything the best and legal way. My question is: Is he allowed to come into the US on his h1b tourist visa, and then are we allowed to file adjust status i-485 and i-130? Or would this be considered fraud, since he entered with the intention of "visiting"? We were married in 11-2008 in his home country. Are my only options to apply for a K3 visa for him or do consular processing? I've been reading conflicting things, so I'm confused. Any help would be appreciated.

One quick question....if we do it at the consular in his country and apply for an immigrant visa do I have to be present with him when he gets his interview?

Thanks.

This is a gray area... I call it Quasi fraud.. If you come into the country on a b1 tourist visa and petition immediately that constitute fraud. by using your visa for other intentions other than what you stated on your application.

But if you waited some months like past 6 months per say you could adjust status. But even though it's not fraud in the strict sense of the word. it becomes and ethics issue. its not illegal but then again it's not right. You still came into the country with false pretences.

Also, actions like this makes it harder for others to attain visa's for the simple fact that you didn't do as you promised. (come here do the functions you stated then return in due time)

You would have a problem getting a tourist visa at least i would think knowing your husband is already in usa. The consular would see you as a high risk of immigrating.. You would need some good evidence that you would return home when your visa term is through.

The best way is the right way (IR/1, CR/1) or K3 that is your best avenue and its legal and ethics free

Good luck to you.

Hi,

I am the US citizen and he is the foreign national. Thanks for answering. The only reason I thought about it, was because I didn't want to be apart from him that long while the process was pending. I thought if he came on his tourist visa (which he has already), then at least we could be together and not separated.

[canadian_wife 1,791]

Sorry, maybe I am confused. Did he enter on a B tourist visa or a H1B visa (which is a dual intent work visa)

Did he really come to 'visit' and I mean REALLY? You all had NO intention of adjusting status? You already said he entered so you wouldn't have to be apart for the process...but you hadn't filed yet. So that makes me think that he entered and you all figured this was the best way.

[msdelila 1]

Sorry, maybe I am confused. Did he enter on a B tourist visa or a H1B visa (which is a dual intent work visa)

Did he really come to 'visit' and I mean REALLY? You all had NO intention of adjusting status? You already said he entered so you wouldn't have to be apart for the process...but you hadn't filed yet. So that makes me think that he entered and you all figured this was the best way.

Hi,

I probably wasn't clear. We are not in the US now, but he does have a tourist visa. We both live in Israel at the moment, I am a US citizen as well as having citizenship in Israel. In August I will be returning to the States to start studying (I have domicile residence). I guess my question was...if it was OK for him to enter the states with his tourist visa, and if we able to adjust status and do all the process in the states. We can start the process at the consulate in Israel, but they informed me that it would take 6 months, and he wouldn't get his interview until October (at least). So, we would be apart from Aug-Oct. And, from what I read online, it doesn't take much less time for him to get his K3.

I guess, the impression I'm getting is that it's not ok.

But the 2nd question was, when he does get his interview at the Consulate in Israel for the immigrant visa, do I have to be there with him? That would mean, I would have to fly to Israel in October just for this.

[Bobby+Umit 161]

Sorry, maybe I am confused. Did he enter on a B tourist visa or a H1B visa (which is a dual intent work visa)

Did he really come to 'visit' and I mean REALLY? You all had NO intention of adjusting status? You already said he entered so you wouldn't have to be apart for the process...but you hadn't filed yet. So that makes me think that he entered and you all figured this was the best way.

Hi,

I probably wasn't clear. We are not in the US now, but he does have a tourist visa. We both live in Israel at the moment, I am a US citizen as well as having citizenship in Israel. In August I will be returning to the States to start studying (I have domicile residence). I guess my question was...if it was OK for him to enter the states with his tourist visa, and if we able to adjust status and do all the process in the states. We can start the process at the consulate in Israel, but they informed me that it would take 6 months, and he wouldn't get his interview until October (at least). So, we would be apart from Aug-Oct. And, from what I read online, it doesn't take much less time for him to get his K3.

I guess, the impression I'm getting is that it's not ok.

But the 2nd question was, when he does get his interview at the Consulate in Israel for the immigrant visa, do I have to be there with him? That would mean, I would have to fly to Israel in October just for this.

Ok, so you were married in a different country.

You want to return to the US, he will come here on a "visitors" visa, and then you want to AOS.

Yes, that could be considered fraud, since you are planning on doing the AOS when he comes to "visit".

I know of a case personally like this, where this exact situation played out, and the guy was given a 3 year ban from re-entry because at their interview, they were hit with misrepresentation at the POE when he stated he was here for visiting, and failed to mention he was married to a USC.

Basically, the interviewing officer didn't believe their story that he came here "just for visiting".

I believe you might have the same issue.

Play it safe and do the CR-1/K-3.

[Kathryn41 3,205]

If you are already married and living legally in another country, check into doing a DCF - Direct Consular Filing - it is available for US citizens legally living abroad to sponsor their spouses to the US. It is also faster and generally cheaper than coming to the US and filing to adjust status.

What you were proposing would be considered visa fraud - using a visa issued for one purpose with the intent of using it for another purpose. You honestly don't want to go there. The repercussions can be devastating.

DCF, however, is legal and may well provide you with the option you need. You can check the DCF forum here on VJ for information and to ask questions of those going through the process. The two biggies are that you need to be married already and the US citizen needs to have a legal status in the country where the US Consulate they are applying through is located.

If DCF isn't available then you would be looking at either a CR-1 or a K-3 visa.

[canadian_wife 1,791]

If you are an Israli citizen, you can Direct Consular File (check the guides) which will be SO much faster than having him apply for AOS from a tourist visa, which Yes is considered fraud.

Good luck.

Sorry, maybe I am confused. Did he enter on a B tourist visa or a H1B visa (which is a dual intent work visa)

Did he really come to 'visit' and I mean REALLY? You all had NO intention of adjusting status? You already said he entered so you wouldn't have to be apart for the process...but you hadn't filed yet. So that makes me think that he entered and you all figured this was the best way.

Hi,

I probably wasn't clear. We are not in the US now, but he does have a tourist visa. We both live in Israel at the moment, I am a US citizen as well as having citizenship in Israel. In August I will be returning to the States to start studying (I have domicile residence). I guess my question was...if it was OK for him to enter the states with his tourist visa, and if we able to adjust status and do all the process in the states. We can start the process at the consulate in Israel, but they informed me that it would take 6 months, and he wouldn't get his interview until October (at least). So, we would be apart from Aug-Oct. And, from what I read online, it doesn't take much less time for him to get his K3.

I guess, the impression I'm getting is that it's not ok.

But the 2nd question was, when he does get his interview at the Consulate in Israel for the immigrant visa, do I have to be there with him? That would mean, I would have to fly to Israel in October just for this.