Filled I-130 out-of-country for spouse, is using AOS still fraud?

[B.E.E. 0]

Hello I'm new to this whole visa process and while I've done some research, I still have a few questions.

My background: I am living in Japan. Last year I married a filipino and she is living with me in Japan. I'm planning on moving back to the US this summer so about a week ago I mailed off a I-130 petition(there are reasons we didn't submit it sooner). I had planned on submitting a I-129F petition once I got the N0A1 from my I-130 petition, but now that I've looked at the timelines on this forum, it seems the processing time for getting a K3 visa is no quicker than getting a greencard(around 300 days). Is this correct?

She already has a US tourist visa valid for 10 years. So my question is, when I move back to the US in July, could she come with me and apply for an adjustment of status then? Or this still considered fraud?

Thank you for your help.

[RobbyUSA 26]

Hello I'm new to this whole visa process and while I've done some research, I still have a few questions.

My background: I am living in Japan. Last year I married a filipino and she is living with me in Japan. I'm planning on moving back to the US this summer so about a week ago I mailed off a I-130 petition(there are reasons we didn't submit it sooner). I had planned on submitting a I-129F petition once I got the N0A1 from my I-130 petition, but now that I've looked at the timelines on this forum, it seems the processing time for getting a K3 visa is no quicker than getting a greencard(around 300 days). Is this correct?

She already has a US tourist visa valid for 10 years. So my question is, when I move back to the US in July, could she come with me and apply for an adjustment of status then? Or this still considered fraud?

Thank you for your help.

it's considered fraud if your intent is to immigrate. If the intent is only a vacation or a visit... then it's not fraud.

to bad it wasn't just a visit... then after your visit it's okay to have intent to imigrate but not before.

talk about a flawed system!

and yes.... the K3 is 99.9 % DEAD !

Edited January 28, 2012 by RobbyUSA

[Ryan H 3,813]

My background: I am living in Japan. Last year I married a filipino and she is living with me in Japan. I'm planning on moving back to the US this summer so about a week ago I mailed off a I-130 petition(there are reasons we didn't submit it sooner). I had planned on submitting a I-129F petition once I got the N0A1 from my I-130 petition, but now that I've looked at the timelines on this forum, it seems the processing time for getting a K3 visa is no quicker than getting a greencard(around 300 days). Is this correct?

Don't bother pursuing a K3, USCIS ties the two petitions together and the NVC usually receives the approved petitions at the same time. When the NVC receives the two approved petitions, they administratively close the I-129F that was filed to start the K3 process leaving only the I-130 active. The active I-130 petition places you on the CR-1 path.

could she come with me and apply for an adjustment of status then? Or this still considered fraud?

That's a non-starter, as you already stated, it's fraud.

[RobbyUSA 26]

Don't bother pursuing a K3, USCIS ties the two petitions together and the NVC usually receives the approved petitions at the same time. When the NVC receives the two approved petitions, they administratively close the I-129F that was filed to start the K3 process leaving only the I-130 active. The active I-130 petition places you on the CR-1 path.

That's a non-starter, as you already stated, it's fraud.

the fact is.... even if your intent was to only visit... the visit may be considered FRAUD.

the option of coming here to the US with no intent to immigrate is just a mater of luck and lack of knowlege!

Edited January 28, 2012 by RobbyUSA