Jump to content
Sign in to follow this  
alwater

B2 Visa Adjustment Help/Advice Needed

10 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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!

Share this post


Link to post
Share on other sites

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.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

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.


* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×