Change Q visa to a fiancee visa

[Harpa Timsah 13,258]

OP - the VJ TOS specifically forbids advising on illegal activity. Sorry.

The fact is you are planning to use the non-immigrant visa to immigrate, and that is illegal.

You may think it's silly, but it's the law.

I hope she admitted she has a bf in the US for her visa paperwork, or she will be in trouble.

[zatarra 1]

OP - the VJ TOS specifically forbids advising on illegal activity. Sorry.

The fact is you are planning to use the non-immigrant visa to immigrate, and that is illegal.

You may think it's silly, but it's the law.

I hope she admitted she has a bf in the US for her visa paperwork, or she will be in trouble.

What visa paperwork are you talking about? The Q1 Visa?

Ok, I understand there are rules here so I guess I should take my questions somewhere else.

Moving from K-1 Process to AOS From Other Visa.

What are you trying to say here?

Edited August 17, 2012 by zatarra

[Anh map 2,098]

What are you trying to say here?

It's simply housekeeping to have topics in the proper forums.

You two will be adjusting status from her Q visa at the end of her work term. This is the proper forum.

[zatarra 1]

It's simply housekeeping to have topics in the proper forums.

You two will be adjusting status from her Q visa at the end of her work term. This is the proper forum.

Ah, I see. I didn't notice that the topic changed categories. Thank you

[Krikit 1,163]

The fact is you are planning to use the non-immigrant visa to immigrate, and that is illegal.

The OP is asking for clarification; not asking for advice on how to file illegally.

I hope she admitted she has a bf in the US for her visa paperwork, or she will be in trouble.

The bf is not in the US.

[zatarra 1]

The OP is asking for clarification; not asking for advice on how to file illegally.

The bf is not in the US.

Correct, and correct.

[Harpa Timsah 13,258]

The OP is asking for clarification; not asking for advice on how to file illegally.

The bf is not in the US.

Okay Krikit, so what's your advice? You haven't offered any in this thread. How do you propose to dance along the TOS with this one? You moved it to "AOS-other" instead of Gen immigration. The Op was told to file for a spousal visa, yet you moved it here. I was explaining the difference between the posted link and his situation.

[DandT14 272]

Ok, so the fiance isn't supposed to enter on a Q visa with the intent to stay. We've established that. It's fine to enter with the intent to get married. She can use the visa as long as she plans on leaving at the end of it.

So, someone here who knows more about spousal visas jump in, please, but can't they apply for it while she's here and then she just has to go back to her home country prior to the interview? That would cut down on the separation time, and no one's doing anything illegal.

Isn't that an option?

[ceadsearc 516]

Ok, so the fiance isn't supposed to enter on a Q visa with the intent to stay. We've established that. It's fine to enter with the intent to get married. She can use the visa as long as she plans on leaving at the end of it.

So, someone here who knows more about spousal visas jump in, please, but can't they apply for it while she's here and then she just has to go back to her home country prior to the interview? That would cut down on the separation time, and no one's doing anything illegal.

Isn't that an option?

Yes, and probably the best one. The snag is that she is still intending to immigrate so she probably shouldn't technically be using the Q visa at all and if she admits to an American fiancé and plans to marry she might not be allowed in at all. But, still, best (and most legal) option I've heard to allow her to work her term and also become an LPR legally.

[kennym 275]

zatarra

Here is possibly an idea that could help...

1st, what you're proposing is illegal.. what makes it illegal is that she is currently outside the US and is already intending to enter the US with a Non-Immigrant Visa (Q Visa) and then Adjust status. The key here, (what you seem to be confused with) is you are intending to do this before she is even here.. You cant enter the US on that kind of visa with the intention of staying...

Now, if you had met her here in the US and she was here on a Q Visa, then you guys fell in love and then decided to marry, then it is legal to adjust her status as your spouse... But since she is not currently here and you intend to use the Q-Visa for her to enter the coutry and you are already planning to use that visa to adjust her status, that's what makes it illegal...

So my suggestion is, let her come to the US, get married, then while she's here, apply for a spousal visa (CR-1) while she is liveing and working here.. When the interview is set, let her return to her home country go to the interview.. if all goes well, she should have her visa in few weeks and she can return legally..

I hope that helps explain the confusion... Also, key thing to remember, the other case is diferent, because the BF is already here.. That is the big key.. Also, not that this lawyer did, but many lawyers notoriously give bad advise (often illegal advise) which many times leads to serious trouble for thier clients..

Kenny

Edited August 18, 2012 by kennym

[kennym 275]

Ok, so the fiance isn't supposed to enter on a Q visa with the intent to stay. We've established that. It's fine to enter with the intent to get married. She can use the visa as long as she plans on leaving at the end of it.

So, someone here who knows more about spousal visas jump in, please, but can't they apply for it while she's here and then she just has to go back to her home country prior to the interview? That would cut down on the separation time, and no one's doing anything illegal.

Isn't that an option?

Oops, didn't notice this was already here..

Yea.... this is a good idea...

:thumbs:

[Anh map 2,098]

Okay Krikit, so what's your advice? You haven't offered any in this thread. How do you propose to dance along the TOS with this one? You moved it to "AOS-other" instead of Gen immigration. The Op was told to file for a spousal visa, yet you moved it here. I was explaining the difference between the posted link and his situation.

There doesn't seem to be an issue here. The GF/finacee got a job at Disney. Disney sponsored her visa. The OP reestablishes domicile, gets a job, etc. The GF works out her contract with the Mouse. They marry, and adjust status.

OP never stated that they hatched a plan to get the Disney job in order to enter the US.

[DandT14 272]

There doesn't seem to be an issue here. The GF/finacee got a job at Disney. Disney sponsored her visa. The OP reestablishes domicile, gets a job, etc. The GF works out her contract with the Mouse. They marry, and adjust status.

OP never stated that they hatched a plan to get the Disney job in order to enter the US.

Unless I misunderstood, neither of the people are in the US yet. So, even though I don't think she obtained the visa so she could immigrate, that's her intention now (as I understand it.) I'm no expert, but everyone here always says that it's illegal to enter on a non-immigrant visa with the intent to file AOS.

[Harpa Timsah 13,258]

There doesn't seem to be an issue here. The GF/finacee got a job at Disney. Disney sponsored her visa. The OP reestablishes domicile, gets a job, etc. The GF works out her contract with the Mouse. They marry, and adjust status.

OP never stated that they hatched a plan to get the Disney job in order to enter the US.

They are not in the US right now. A person cannot enter the US on a non-immigrant visa with the intent to immigrate. This is exactly the same as a person entering on the WVP with the plan to adjust, or say, a TN visa (which is more long term). The person didn't get the VWP or the TN visa with the plan to adjust either, (let's say they already had an approved ESTA or they had a job in the US for the TN) but when they enter the US, they are planning to adjust. That is illegal. A Q visa is not a dual-intent visa, which is the scenario you are suggesting.

I am quite surprised you are questioning this.

[JoannaV 173]

Just relax. Continue developing your relationship, work your jobs, let her work for Disney, when you both feel you are ready to marry do so, and then come back and ask about immigration advice :-)