B2 Visa Adjustment Help/Advice Needed

[alwater 1]

Hi All,

I just stumbled across this forum and it seems like all of you have a sense of community here, so I was hoping that you could provide feedback/input to my situation.

I am a US Citizen. My girlfriend is in the Philippines and has a Tourist Visa (B2, however, I'm unsure, but I will verify) and she's been coming to the USA for past few years and staying a few months each time. Her visa expires in June 2012, however, we are planning on getting married this November 2011 here in the USA. Also, she is pregnant with our baby due in Spring 2012 and I would prefer to have the baby born here.

I've been reading that there may be a problem to adjust her status from a B2 to whatever she needs to stay here legally (Green Card holder?). Will my current situation cause a problem?

Let me know if I need to clarify anything.

Thanks in advance.

[kzielu 1,149]

Problem will be entering US on a B2 with immigration intent - which is illegal. Her pregancy may not help here too - keep in mind there is always a chance she can be denied entry.

[G&T 12]

Just get some advise from an immigration attorney to see which are your options.

[G&T 12]

I don't advise staying as is illegal but an attorney can advise u if by paying certain penalties is a doable thing or not.

[alwater 1]

however, if it not made to be known that this visit will be for immigration intent, then it should be ok, right?

Edited July 15, 2011 by alwater

[Harpa Timsah 13,258]

however, if it not made to be known that this visit will be for immigration intent, then it should be ok, right?

No. It is visa fraud. Think about this. If they ask her at the border, "Are you going to have your baby here and immigrate?" and she says no, then she can be banned PERMANENTLY for misrepresentation. If she says yes, then she won't be allowed to enter. You should follow the fiance (K-1) visa process for her. If you file now, then she will probably be able to give birth in the US in the spring.

[alwater 1]

No. It is visa fraud. Think about this. If they ask her at the border, "Are you going to have your baby here and immigrate?" and she says no, then she can be banned PERMANENTLY for misrepresentation. If she says yes, then she won't be allowed to enter. You should follow the fiance (K-1) visa process for her. If you file now, then she will probably be able to give birth in the US in the spring.

ok. what if it is not made known that she is pregnant?

[prep.mac 7]

Hi, alwater!

Then the intent to NOT live here permanently would be harder for you to prove on your AOS interview cuz USCIS would piece together everything..timelines and intent.I agree with Harpa why not go for K visa? K1 for fiance or K3 if you go back to PI and marry her. MIght take longer and more expensive yes but even typing the term "fraud" scares me.....

Hmmm..ask an immigration lawyer, I suggest. Usually they don't charge on your initial consultation.

Good luck!

[Harpa Timsah 13,258]

ok. what if it is not made known that she is pregnant?

1. That is lying, which leads to a LIFETIME ban from the US.

2. My scenario didn't involve the pregnancy anyway.

It seems to me that you are not simply confused about the rules, but asking for advice on how to willfully break the law.

[Ban Hammer 13,407]

however, if it not made to be known that this visit will be for immigration intent, then it should be ok, right?

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

thread closed for violation of the visa journey terms of service. do not restart this thread.