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RobbyUSA

filling the I-130 then the I-485 in the USA can be considered fraud!

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"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time."

I married a Romanian woman who now lives in France. We got married over 2 years ago in Romania.

She wants to travel and visit me for a 2 month vacation. She has a USA visa that expires in 9 years and allows up to a 6 month stay.

We may decide to file for the I-130 then the I-485.

is this a good option or what?

because there are no guidlines on how this would be considered fraud even if my Wife intends to only visit me.

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Yes, entering the US on a non-immigrant visa with the intent to immigrate is visa fraud. This has been answered in your other thread.


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

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

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It is really frowned upon. If she comes here on a tourist visa with the intention to adjust status and remain permanently, that's considered fraud. What would she say to the CBP officer about the purpose of her visit? She would have to give an honest answer; I am coming to see my husband. She may get lucky and be allowed to enter, but it is really risky. Just the intention to immigrate may not be sufficient to deny adjustment (Read: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-6539/0-0-0-6581.html and http://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html#0-0-0-304 - Good articles), but lying and saying: I'm hear to visit my boyfriend it is lying. Don't get me wrong: it has been done before by many people, and chances of being denied are small, but it may happen.

"You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time."

I married a Romanian woman who now lives in France. We got married over 2 years ago in Romania.

She wants to travel and visit me for a 2 month vacation. She has a USA visa that expires in 9 years and allows up to a 6 month stay.

We may decide to file for the I-130 then the I-485.

is this a good option or what?

because there are no guidlines on how this would be considered fraud even if my Wife intends to only visit me.


Wife's USCIS Journey

02-27-2012 Mailed I-130, I-485 and I-765 to Chicago by Priority Mail

02-29-2012 Post Office website shows as delivered

03-01-2012 USCIS received I-130, I-485 and I-765

03-05-2012 Received 3 text and 3 email receipt notifications

03-07-2012 $1,490 poorer - both checks cashed

03-12-2012 Received NOAs for all 3 applications

03-16-2012 Received Biometrics Notice for Apr. 2

03-19-2012 Successful Walkin Biometrics

04-09-2012 Received text/email about scheduled interview for May. 11

04-12-2012 Received a hard copy of an interview letter

05-04-2012 Received a notification "Card Production Ordered" for EAD.

05-09-2012 Received another notification "Card Production Ordered" for EAD.

05-10-2012 Received notification that EAD was mailed.

05-11-2012 AOS Interview at 12:30 no final decision

05-11-2012 Notification "Card production ordered" at 3:30 pm. APPROVED!!!!!!!

05-14-2012 Received EAD card in mail and I-130 approval notification

05-15-2012 Received hard copies of I-130 approval, welcome to USA letter and a notification that green card was sent

05-21-2012 Green Card Received!!!!!!!!!!!!!!!

05-23-2012 Applied for SSN

***Counting down to RoC***

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Yes, entering the US on a non-immigrant visa with the intent to immigrate is visa fraud. This has been answered in your other thread.

no you are wrong. this was NOT answered in my other thread and her intent is to visit me because she has regulary made vacations to see me and this is just another vacation!

she plans on visiting me here in the USA and intends to go back.

but while she is here I could see us looking at all the options we have.

the I-130 has the option of being filled here in the USA when she is here as a visitor.

so I don't understand how you can say this is fraud if she plans on seeing me and returning in the first place.

it's strange they tell you it's okay if the intent is not for her to stay, and you are saying this is fraud?

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It is really frowned upon. If she comes here on a tourist visa with the intention to adjust status and remain permanently, that's considered fraud. What would she say to the CBP officer about the purpose of her visit? She would have to give an honest answer; I am coming to see my husband. She may get lucky and be allowed to enter, but it is really risky. Just the intention to immigrate may not be sufficient to deny adjustment (Read: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-6539/0-0-0-6581.html and http://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html#0-0-0-304 - Good articles), but lying and saying: I'm hear to visit my boyfriend it is lying. Don't get me wrong: it has been done before by many people, and chances of being denied are small, but it may happen.

like I just said... she plans on visiting me anyways and has 2 other times after we got married and they never asked her if she was married. She told them she was in a relationship with me and was here to visit but never gave them false information.

Edited by RobbyUSA

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That being said, the burden of proof regarding intent is on USCIS, not you. It is rare for them to go after someone for intent, unless there has been clear material misrepresentation along the way, or there is something else fishy relating to the case. You are asking people to tell you that is okay for her to come to the US and for you to adjust her status to permanent resident as a result, but the fact of the matter is that as has been said before, this constitutes visa fraud. If you want to know whether or not it is possible to do so and come out of it as a winner, then yes - it is possible, and many do it all the time. However, it is still wrong - and it si a fairly big risk to take with a person you want to spend the rest of your life with, considering that one of the consequences could be a very very long ban to the US for your wife.

okay... so it sounds to me even if the intent of her visit is NOT to immigrate to the US it's always better for EVERYBODY to not consider filling for it here in the USA if the I-130 can be filled while the spouse is NOT is the US.

so why do they give you this option in the first place if it can be considered fraud?

it's obviously not logical what the US goverment is doing! first they say it's okay... then they say it may be considered fraud....

sounds to me that the US gov. is commiting the fraud here!

Edited by RobbyUSA

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"Maybe will we and maybe we won't" isn't the same as no intent whatsoever. No one is going to tell you it's ok or it isn't fraud because it is. Not to mention that advising you it was ok would violate the VJ TOS.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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"Maybe will we and maybe we won't" isn't the same as no intent whatsoever. No one is going to tell you it's ok or it isn't fraud because it is. Not to mention that advising you it was ok would violate the VJ TOS.

she is taking a vacation to see me.... okay.... got it?

so the US gov. is going to call this intent for her to immigrate to the US because I am trying to find out what my options are?

seems like a trap by the US gov. - knowing all the options ahead of time is fraud???

I think a person should be allowed to file the I-130 here is the USA or not at all...

this is a joke and not a fair system at all because she plans on visiting me with 100% intent on going back.

Edited by RobbyUSA

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like I just said... she plans on visiting me anyways and has 2 other times after we got married and they never asked her if she was married. She told them she was in a relationship with me and was here to visit but never gave them false information.

But does she tell them that she's married to a US Citizen of just in a relationship?

You are currently considering her immigrating to the US, that is immigrant intent. Your plan as laid out in this thread is FRAUD.

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But does she tell them that she's married to a US Citizen of just in a relationship?

You are currently considering her immigrating to the US, that is immigrant intent. Your plan as laid out in this thread is FRAUD.

okay if my plan is fraud... I will change my plan. the plan is: she is going to take a vacation here as planed.

then we will go from there.

would this be fraud?

No she did not say she was Married to a US citizen nor did she deny it... she just said she was romantically involved. we are going to speak to an Imigration lawyer about this on Monday but it seems to me that even if I can find a plan that is NOT fraud... I am still better off filling when she is no visiting me.

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As Little_My said you can easily file the I-130 while she is here. As long as she has strong ties to her country she can continue to visit you on a tourist visa so long as she doesn't overstay. The process for the CR/IR-1 would be completed in her country.

It's not filing the I-130 that is the problem. It's filing the I-485 when you had possible intent.


OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Hard facts:

EDIT: somehow the link won't work. Anyway, the most interesting parts I quoted below.

Read in particular the paragraph that says:

"However, this same instruction provides the following policy for immediate relatives of United States citizens (spouses, parents, and unmarried children),

In the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain. Matter of Cavazos, Int. Dec. 2750(BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981)."

And

"On the other hand, if there is no clear evidence of fraud or misrepresentation, the mere

fact that the applicant had a preconceived intent to remain in the United States permanently will

not usually result in the denial of their application for permanent residence if they are classifiable

as an immediate relative of a United States citizen."

= Prior intent on its own cannot justify the denial of adjustment of status for the spouse of a USC.

I think asking a lawyer is a good idea.

Edited by Laure&Colin

USCIS STAGE: 16 days No expedite request but USC residing abroad

NVC STAGE: 19 days from case # to case complete

EMBASSY STAGE
03/27/12: interview - APPROVED

04/12/12: POE San Diego

ROC
12/19/14: received reminder letter from USCIS to file for ROC
01/15/14: sent I-751 application
01/16/14: NOA1/1 year extension
01/21/14: check cashed
01/24/14: received biometrics appointment letter for 02/11

05/14/14: received card production notification by e-mail, approval date 05/13

an1cR1j0es00030MTAwOTQzbHwxMjM0NGxqYXxTa

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