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Filed: Timeline
Posted

Hi everyone,

Good day to all.

our situation: Fiancee from Phils. with Tourist Visa, she had visited me once dec.2011/jan.2012, im a US citizen thru naturalization.

We are planning to have a church wedding Feb. 2013 in the Philippines, since both families are based there. I already ask a lawyer about visa options. At first we are leaning towards spouse visa: She will visit me this July 2012 , will have civil wedding in the US and she will go back home. then will apply for spouse visa while she is waiting there. But she is tied up with work right now so its uncertain if she can take time off to visit me. fiancee visa is our least priority because of the wedding plan in her country.my question :

a. is it ok that she will come in the US after church wedding (FEB 2013) in her country, enter US thru her tourist visa and just stay here and apply for adjustment of status? any thoughts, red flags with this option?

b. if this is possible, how long will it take before green card will be granted?

c. other opinions please.

would really appreciate your responses.thanks a lot

more power to everyone!!!

Filed: Citizen (apr) Country: Canada
Timeline
Posted

a. is it ok that she will come in the US after church wedding (FEB 2013) in her country, enter US thru her tourist visa and just stay here and apply for adjustment of status? any thoughts, red flags with this option?

Absolutely not, this is clear visa fraud. Life time ban from the USA.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: Citizen (pnd) Country: China
Timeline
Posted

a. is it ok that she will come in the US after church wedding (FEB 2013) in her country, enter US thru her tourist visa and just stay here and apply for adjustment of status?

That is a nonstarter. As Inky already stated, that is visa fraud and the penalty is a lifetime ban from the US.

c. other opinions please.

You have already identified the only available path, the spousal visa process.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

Filed: Timeline
Posted

inky and ryan H,

thanks a lot for the information. i really appreciate it. follow up question:

lets say i apply a spouse visa then after wedding next year she wants to come here while waiting for her visa in the phils just to spend time with me, is it possible she can use her tourist visa after wedding while the sposue visa is still under process.? thanks again.

Filed: Timeline
Posted

inky and ryan H,

thanks a lot for the information. i really appreciate it. follow up question:

lets say i apply a spouse visa then after wedding next year she wants to come here while waiting for her visa in the phils just to spend time with me, is it possible she can use her tourist visa after wedding while the sposue visa is still under process.? thanks again.

er.

You can get married here while she visits as long as it is "not your intent" in other words a spontaneous romantic moment :)

Then she must go back home and you apply for a CR-1 spouse visa and wait out the average 8 months, during this time she will probably not be able to some here.

After the spouse visa she will have the green card immediately entering the US. You must collect as much proof of bonafide marriage between now and then. Pictures together with her family and yours, phone record. Open up a bank account together. These things will be very important. Especially pics at church wedding and invitations etc.. bill for the ring.

My wife and I did it this way.

Filed: Timeline
Posted (edited)

She can visit on her tourist visa while the i-130 and CR-1 visa is pending, yes.

She may have to prove ties to the Philippines though if the CBP officer at the airport doesn't believe she'll return, or thinks she will just try to adjust status after entry.

The problem with adjustment of status is that it's legal to do, but it's very illegal to enter the US on a tourist visa with the intention of adjusting status. It's only legal if it happens "on a whim."

Edited by jaejayC
 
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