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bono84

Immigration Vs tourist visa

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bono84 Newbie

bono84   0

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Filed: Country: India
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I am a US citizen girl and will be coming to India in January '10 for my marriage to a Indian citizen. Now my fiance is a doctor and he needs to give a Clinical Skills Exam (USMLE Step2CS) before June '10 in any case. Now, it's near to impossible for me to stay in India for 3 months. So, how he can reach the US at the earliest so that he can give the CS exam.. Giving this exam can be considered the first priority... Can he try for B1/B2 (visitors' visa) and if yes then when should he apply for the same? Can it have an adverse effect on the immigration petetion?

Thank you..

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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted

He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

concur

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

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Wubzywub Explorer

Wubzywub   0

Posted
Filed: Timeline
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He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

concur

Have him come on a tourist, marry, then adjust.

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JERIII Enthusiast

JERIII   8

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Filed: Citizen (apr) Country: Moldova
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He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

concur

agree, with one addition.

The folks who administer the USMLE exams will issue a letter explaining that he needs to be in the US to take the exam. By report, this helps with the consular officers. He also wants to have his score reports for the previous parts of the USMLE. Consular officers know about the USMLE exams. (He will still need to show ties to India, and your marriage may still cause some problems with that.)

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belinda63 Experienced

belinda63   2,981

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Filed: Citizen (apr) Country: Iran
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Advising the op to have her fiance come on a tourist visa with the intent to immigrate is a violation of the TOS. This is visa fraud since a tourist vise is a non-immigrant visa for a specific period of time and then the person would leave the US.

Please do not advise people to do things that are illegal and could result in a life time ban from entry into the US.

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Chica Yeyé Grand Master

Chica Yeyé   41

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Filed: Timeline
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He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

concur

Have him come on a tourist, marry, then adjust.

#######????????????? That is wrong. Reported.

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km24 Collaborator

km24   0

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Filed: Lift. Cond. (apr) Country: Philippines
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Let him apply for a B2/Tourist Visa. Tell the consul honestly the purpose of his visit. It is to take the Exam. Then if he is given a visa then let him take the exam here in the US. After that tell him to go back to India. That's the legal way. It's too risky for him to stay here and get married and adjust his status.

I totally agree with JERIII.

"The folks who administer the USMLE exams will issue a letter explaining that he needs to be in the US to take the exam. By report, this helps with the consular officers. He also wants to have his score reports for the previous parts of the USMLE. Consular officers know about the USMLE exams. (He will still need to show ties to India, and your marriage may still cause some problems with that.)"

So if you guys have plans of getting married then why not petition him as fiance? It only takes 6 months to process. So first is let him apply for tourist visa, tell him to come and take the exam, let him go back back home before his I-94 expires then you can petition him as fiance. That's it. This is the legal way.

Filed N-400 (Arizona Lockbox) - July 10, 2014

NOA received - July 22, 2014

Biometrics - August 8, 2014

In line for interview scheduling - August 12, 2014

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visacheck Collaborator

visacheck   3

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Enter as tourist visa, give the CS exam, get married here, file petition, go back to India before I-94 expires. If immigration gives him 6 months then you wont be separated that long while petition is being processed.

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
Enter as tourist visa, give the CS exam, get married here, file petition, go back to India before I-94 expires. If immigration gives him 6 months then you wont be separated that long while petition is being processed.

I concur, this is the best option :)

Oh, and when you file the spousal visa, go the CR-1 route

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visacheck Collaborator

visacheck   3

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

Being married to a USC does not automatically mean you can not get a tourist visa. My wife and I got married in the Philippines. If that's a red flag then I guess the Consul was colorblind. :jest:

Edited by visacheck

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

Being married to a USC does not automatically mean you can not get a tourist visa. My wife and I got married in the Philippines. If that's a red flag then I guess the Consul was colorblind. :jest:

Oh yes, not an immediate thing; but he might potentially be denied entry - you know how b1tchy POE peepz get sometimes.

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Wubzywub Explorer

Wubzywub   0

Posted
Filed: Timeline
Posted
He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

concur

Have him come on a tourist, marry, then adjust.

People do this all the time, they come here on tourist. meet the love of their lives, adjust.. alls well that ends wells.

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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

concur

Have him come on a tourist, marry, then adjust.

People do this all the time, they come here on tourist. meet the love of their lives, adjust.. alls well that ends wells.

Once again. That is a prime example of breaking the law. Please abstain from promoting or even mentioning this as a legal avenue to permanent residence. Reported again.

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
He can come on a tourist visa if one is granted to him (unlikely since you folks will be married and that alone is a red flag for tourist visa); then go back to India and process the immigrant visa from there. If he comes and goes in the allotted time for his tourist visa, you should not have any problems. :)

concur

Have him come on a tourist, marry, then adjust.

People do this all the time, they come here on tourist. meet the love of their lives, adjust.. alls well that ends wells.

true, but quite different than the OP's scenario and what you initially advised... what you advised is not allowable under the INA... due to intent at entry to immigrate on a NON-immigrant entry.

Edited by payxibka

YMMV

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