Permanent Resident Engaged to Non US Citizen

[Oldspice 0]

Hello,

My post is not an answer, but a very related follow up question:

Is it a tourist visa misuse/fraud for a fiance visit? If trip it is not with an immigration intent (marriage) - it is to visit a US permanent resident fiance?

I will file for a K1 visa after I become a US citizen, but till then (about two years) I need a way for her to visit me.

If she partially lies to an immigration officer that she is going to visit her relatives, would it be a problem in the future when I apply for the K1 (I guess I would need a copy of her passport with all the US visits) and later for AOS for her? She would not stay longer, she would not get married...

P.S. I wonder how "tourists" with expired visas (stayin illegaly in US) marry to US citizens and get AOS (green cards)? I know that for fact. Don't they get questioned during an interview?

Thank you

[amykathleen2005 441]

Hello,

My post is not an answer, but a very related follow up question:

Is it a tourist visa misuse/fraud for a fiance visit? If trip it is not with an immigration intent (marriage) - it is to visit a US permanent resident fiance?

I will file for a K1 visa after I become a US citizen, but till then (about two years) I need a way for her to visit me.

If she partially lies to an immigration officer that she is going to visit her relatives, would it be a problem in the future when I apply for the K1 (I guess I would need a copy of her passport with all the US visits) and later for AOS for her? She would not stay longer, she would not get married...

P.S. I wonder how "tourists" with expired visas (stayin illegaly in US) marry to US citizens and get AOS (green cards)? I know that for fact. Don't they get questioned during an interview?

Thank you

She is welcome to visit as much as she wants, although being a fiance she is more likely to not get in, but everyone takes that chance. Many people visit with no problems at all. She needs adequate evidence to show she is not planning on staying. I would never suggest for her to lie, but you don't need to give everything right away. So don't say fiance unless questioned. If she is also visiting friends (like you) she can say that, or if she was going to see family at some point during the trip she could talk about that.

[JimVaPhuong 4,864]

Hello,

My post is not an answer, but a very related follow up question:

Is it a tourist visa misuse/fraud for a fiance visit? If trip it is not with an immigration intent (marriage) - it is to visit a US permanent resident fiance?

Nope. No fraud.

I will file for a K1 visa after I become a US citizen, but till then (about two years) I need a way for her to visit me.

If she partially lies to an immigration officer that she is going to visit her relatives, would it be a problem in the future when I apply for the K1 (I guess I would need a copy of her passport with all the US visits) and later for AOS for her? She would not stay longer, she would not get married...

If you're not a citizen yet, then there is no way she could marry you and adjust status in the US. Because of this, there is virtually zero risk to admitting that she's coming to visit her LPR fiance. Don't ever lie to the CBP. If she gets caught lying, even if it's a relatively minor lie, she could be banned from the US. If she is honest, the worst that could happen is she'd be denied entry and sent back to her home country, and it wouldn't be held against her for future immigration.

P.S. I wonder how "tourists" with expired visas (stayin illegaly in US) marry to US citizens and get AOS (green cards)? I know that for fact. Don't they get questioned during an interview?

Some people do get away with it. Some people do not. USCIS catches more people than you'd think. You only hear about the ones who get away with it because they're still here. The ones who get caught are deported and banned from the US.

Thank you

[conquest 0]

If she partially lies to an immigration off

Is'nt that like being partially pregnant? how do you partially lie? its either the truth ot its not the truth. IF you lie to a immigration officer and they find out your done.

[Mountain Climber 186]

If she partially lies to an immigration off

Is'nt that like being partially pregnant? how do you partially lie? its either the truth ot its not the truth. IF you lie to a immigration officer and they find out your done.

[Oldspice 0]

Thank you all. You are right. Then all depends on an immigration officer's reasoning.

I truly apologize if I am duplicating a topic or starting a new topic, but I am getting confused by visa fraud.

I am confused about dual intent of visa fraud, because it guides the below listed decisions. If one comes with a tourist visa, gets married, and travels back before the date on the passport expires, and does not try to stay longer – is it a visa fraud? Or if files for a marriage based visa and leaves without breaking the tourist visa terms?

What is considered a visa fraud that might be a problem during the paper filing or an interview?

I am a permanent resident with about two years till naturalization process. My fiancé has a ten year tourist visa. She is currently in the US until December.

What could be the best way for us?

Wait till I become a citizen and file for K1?

Get married now, and let her travel back and forth as a tourist till I become a citizen and then file IR1/CR1? Would she be able to admit that she is going to visit her husband on a tourist visa afterwards?

Get married and file for a green card for her, let her travel back and forth as a tourist till I become a citizen and then ask to change her petition, but some paperwork would be already processed? Would it save any time, result in visa fraud? I have least knowledge about this path.

Or there is a wiser path?

Thanks a lot

Edited September 28, 2009 by Oldspice

[Krikit 1,166]

Oldspice, I have split your topic into its own post so it doesn't get lost in someone else's thread.