My friend got married. She want to go back to her country then come back and file. Is it OK If her visa expires in a month?

[Boyinflorida 2]

Hey folks,

I have a friend from Brazil and she is going there on a honeymoon for a month. Her J1 expires in December. After coming back in the end of October she wants to file adjustment of status at the beginning of December. Does it sound right or she will have issues?

[VanessaTony 3,567]

She would be entering the country after the honeymoon with intent to immigrate (on a non-immigrant visa), which is fraud.

She could well have issues because USCIS would know when she got married, would know when she left the country, and know that she returned and then filed AOS. Blatant visa fraud. She could also not have issues.. I personally wouldn't roll the dice on a lifetime ban for fraud.

Edited August 28, 2011 by Vanessa&Tony

[payxibka 10,045]

She would be entering the country after the honeymoon with intent to immigrate (on a non-immigrant visa), which is fraud.

She could well have issues because USCIS would know when she got married, would know when she left the country, and know that she returned and then filed AOS. Blatant visa fraud. She could also not have issues.. I personally wouldn't roll the dice on a lifetime ban for fraud.

USCIS is not the problem as much as the CBP would be and any questions answered and statements made at the time of re-entry.

[Julie y Pat 67]

She should have issues, because it's not the right way to do it. She'd be the spouse of a USC, entering on a J1 with the intention of adjusting status. She'd be setting herself up for potential misrepresentation at POE, because if the CBP officer suspected anything, she would probably have to lie about a number of things to overcome the presumption of immigrant intent. Being the spouse of a USC is one of the strongest indicators of immigrant intent, so she'd have to lie about being married, and then applying for an immigration benefit on the basis of that marriage. Not the best way to roll.

[Boyinflorida 2]

OK guys, Thanks! I was thinking that it would not be right and that's what I answered to her but she still doesn't believe. Well everybody is taking responsibility for their mistakes...

[Julie y Pat 67]

And couldn't the J1 be subject to a 2 year rule?

[VanessaTony 3,567]

And couldn't the J1 be subject to a 2 year rule?

Some are, some aren't. Those that are can apply for a waiver of the 2 year requirement (from their country) and from what I've seen they're often approved.