Together while I-130 processes

[nica 5]

I have a friend who was married in June to a Mexican citizen. About two weeks later, he (the Mexican spouse) moved to the U.S. to be with her by applying for a tourist visa (which gives him 6 months in the country). He has no intention of returning to live in Mexico and has been looking for work in the hopes that he can get a work visa (he is applying for jobs at colleges, which do not apply to the work visa cap) so that he can stay on a work visa while the I-130 processes. When I asked them what he intends to do if the I-130 isn't approved within that 6-month period and they don't get a work visa, they said, "No problem, he'll just go back to Mexico then come right back on another tourist visa."

Is this legal? It really feels like they're cheating the system.

Edited July 11, 2012 by nica

[JohnR! 5,495]

I have a friend who was married in June to a Mexican citizen. About two weeks later, he (the Mexican spouse) moved to the U.S. to be with her by applying for a tourist visa (which gives him 6 months in the country). He has no intention of returning to live in Mexico and has been looking for work in the hopes that he can get a work visa (he is applying for jobs at colleges, which do not apply to the work visa cap) so that he can stay on a work visa while the I-130 processes. When I asked them what he intends to do if the I-130 isn't approved within that 6-month period and they don't get a work visa, they said, "No problem, he'll just go back to Mexico then come right back on another tourist visa."

Is this legal? It really feels like they're cheating the system.

So far it is legal. He/she is here on tourism. Depending on his/her future actions are then he/she might end up on the wrong side of the law.

Up to this moment, he/she can only be charged with what is called 'crimethink', in Newspeak.

[nica 5]

So far it is legal. He/she is here on tourism. Depending on his/her future actions are then he/she might end up on the wrong side of the law.

Up to this moment, he/she can only be charged with what is called 'crimethink', in Newspeak.

Looking for a job doesn't count as tourism... nor does moving all your belongings, finances, job, etc, to the US. Or is the general idea that nobody gets caught for doing these things?

[JohnR! 5,495]

Looking for a job doesn't count as tourism... nor does moving all your belongings, finances, job, etc, to the US. Or is the general idea that nobody gets caught for doing these things?

The general idea is that you are not doing anything illegal by thinking of it. The presumption is that of innocence. A tourist can look for a job, as much as a tourist can look at new cars on a lot or houses on a market.

[nica 5]

The general idea is that you are not doing anything illegal by thinking of it. The presumption is that of innocence. A tourist can look for a job, as much as a tourist can look at new cars on a lot or houses on a market.

So it's NOT illegal to seek employment or gain employment while on a tourist visa? Just trying to clarify.

[JohnR! 5,495]

So it's NOT illegal to seek employment or gain employment while on a tourist visa? Just trying to clarify.

Yes it is illegal to seek employment or gain employment on a tourist visa. Until such time, it is not illegal to look.

From your post: 'and has been looking for work in the hopes that he can get a work visa'

Edited July 11, 2012 by Gegel

[nica 5]

Yes it is illegal to seek employment or gain employment on a tourist visa. Until such time, it is not illegal to look.

From your post: 'and has been looking for work in the hopes that he can get a work visa'

Still confused... what's the difference between "looking for work" or "seeking work"? I should clarify by saying he's putting in job applications, not hypothetically considering looking at job offers.

Or do you mean that he'll only be committing immigration fraud if his job applications prove successful in landing him a job?

[JohnR! 5,495]

Still confused... what's the difference between "looking for work" or "seeking work"? I should clarify by saying he's putting in job applications, not hypothetically considering looking at job offers.

Or do you mean that he'll only be committing immigration fraud if his job applications prove successful in landing him a job?

In that case, if he gains employment without being authorized to work in the US he will be breaking the law.

[nica 5]

In that case, if he gains employment without being authorized to work in the US he will be breaking the law.

But if he successfully finds a job, and that employer sponsors a work visa for him, then he will be in the clear, despite the fact that he very obviously both seeked and gained employment while on a tourist visa?

Thanks for your advice about this, by the way. The language of this kind of thing really confuses me!

Edited July 11, 2012 by nica

[JohnR! 5,495]

But if he successfully finds a job, and that employer sponsors a work visa for him, then he will be in the clear, despite the fact that he very obviously both seeked and gained employment while on a tourist visa?

Thanks for your advice about this, by the way. The language of this kind of thing really confuses me!

Well, this is where it gets technical. If he manages to get a employer sponsor, for all purposes he will need the work visa before he can actually begin to work. Rarely, if ever, temporary work visas involve a process that delves into the details as to how the job was found and what happened when. Normally, if the paperwork is kosher, the visa is granted. Unless he is most unfortunate, he will never be asked by anyone whether he sought employment while on a tourist visa and even if he did, a lawyer could get him off in a second.

Where I think he will have an issue is that his immigration records will show that is he the beneficiary of a I-130 so they may question his reason for getting a temporary job and most likely that might kill his temporary work permit and he may have trouble getting back into the US once he leaves, after his 180 days expire.

If you wish to help him, ask him to sit tight and cool off until he gets is packet and enters the US as a full-time resident.

[nica 5]

Well, this is where it gets technical. If he manages to get a employer sponsor, for all purposes he will need the work visa before he can actually begin to work. Rarely, if ever, temporary work visas involve a process that delves into the details as to how the job was found and what happened when. Normally, if the paperwork is kosher, the visa is granted. Unless he is most unfortunate, he will never be asked by anyone whether he sought employment while on a tourist visa and even if he did, a lawyer could get him off in a second.

Where I think he will have an issue is that his immigration records will show that is he the beneficiary of a I-130 so they may question his reason for getting a temporary job and most likely that might kill his temporary work permit and he may have trouble getting back into the US once he leaves, after his 180 days expire.

If you wish to help him, ask him to sit tight and cool off until he gets is packet and enters the US as a full-time resident.

Thanks for your help! When they first told me their plan, I was skeptical on a whole number of levels, but I wasn't sure exactly which part of the plan is most likely to get them in immigration limbo.

[JohnR! 5,495]

1342041264[/url]' post='5517216']

Thanks for your help! When they first told me their plan, I was skeptical on a whole number of levels, but I wasn't sure exactly which part of the plan is most likely to get them in immigration limbo.

Anytime!! On a side note, which is not what you asked, and on a suggestion basis, IMHO he would be better off by playing by the rules. That he managed to get a tourist visa and be admitted in the country is already a feat. Although it is not illegal for him to do so, many are denied visas because truth is that there is very little immigration can effectively do once someone is stateside and decides to do their AOS here and the case could be made that he entered the country with the intention of staying and that is illegal.

On that note my suggestion would be for him to stay put and enjoy the fact he can be with his spouse while his process in churned at the mill of the USCIS.

At this point and in his situation he may be engaging in a very delicate dance, one he needs not do, if only he could be patient and abide by the rules. IMHO he is playing with fire and he may end up complicating a process which would otherwise be straightforward.

Then again, to each his own.