Advice for friend

[LGB7A 0]

My friend filed an I-129F for his engagement recently, but wants to hurry the process because he will relocate outside the US next year for work for an extended period (1 year). He's afraid of leaving his new wife, who will be stuck in the US until she receives her green card. So he thinks going the B-2 visa route and then AOS for her green card would be faster. Like it would take only 3 months or something crazy like that. Please tell me the reasons he should NOT do this, other than it's fraudulent use of B-2?

[JimVaPhuong 4,864]

My friend filed an I-129F for his engagement recently, but wants to hurry the process because he will relocate outside the US next year for work for an extended period (1 year). He's afraid of leaving his new wife, who will be stuck in the US until she receives her green card. So he thinks going the B-2 visa route and then AOS for her green card would be faster. Like it would take only 3 months or something crazy like that. Please tell me the reasons he should NOT do this, other than it's fraudulent use of B-2?

The bolded text above isn't enough reason for him?

In all honesty, unless his fiancee is pulled into secondary inspection and grilled when entering the US, the risk of adjusting status after entering with a B2 visa is relatively low. Many people do it this way, often on the advice of an attorney, and most of them are successful. No matter how small the risk is, that risk doesn't exist if they pursue a fiancee or spousal visa. Personally, I would opt for no risk over low risk if the only difference between the two is a matter of months saved.

There's also a chance that she won't be able to get a B2 visa because of the pending I-129F. This raises the level of suspicion for immigrant intent.

Ok, let's presume he get's his fiancee over here sooner, marries her, get's a green card for her, and then takes his job abroad. What's he going to do with his new wife? Is he going to bring her with him? Most countries don't treat US permanent residents any different than they would any other alien from her home country. She'd probably still need a visa to enter that country and stay with him for a year. She'd probably also need a reentry permit from the US or she'll lose her green card if she's absent for a year or more.

It might make more sense for him to withdraw the I-129F, marry her, and then she can apply for a visa to the country where he'll be working for a year. While there, he can file an I-130 spousal visa petition for her. She can probably get the spousal visa before he returns to the US, and then she'll enter as an immigrant and get a green card automatically.

[Brother Hesekiel 2,236]

My friend filed an I-129F for his engagement recently, but wants to hurry the process because he will relocate outside the US next year for work for an extended period (1 year). He's afraid of leaving his new wife, who will be stuck in the US until she receives her green card. So he thinks going the B-2 visa route and then AOS for her green card would be faster. Like it would take only 3 months or something crazy like that. Please tell me the reasons he should NOT do this, other than it's fraudulent use of B-2?

That's why. Immigrant intent is on file and in the USCIS database.

[LGB7A 0]

Ok, let's presume he get's his fiancee over here sooner, marries her, get's a green card for her, and then takes his job abroad. What's he going to do with his new wife? Is he going to bring her with him? Most countries don't treat US permanent residents any different than they would any other alien from her home country. She'd probably still need a visa to enter that country and stay with him for a year. She'd probably also need a reentry permit from the US or she'll lose her green card if she's absent for a year or more.

That's a whole other issue too, but the foreign country does allow spouses to apply for visas to visit their partner for an extended period of time.