Married already, Now got Tourist Visa

[Moomin 292]

Hi! I have the same situation. I'm married to a USC in my home country last year but I have a 10 year multiple entry US visa. Been visiting my wife 3x a year staying for several weeks-months since I also have a job back home. Applying for a change of status have entered our mind but we didn't go through it since we've heard conflicting opinions about it and never consulted a lawyer. Some says it's no problem but other says it's visa fraud. I understand your point because it seems like "why do you have to wait for your CR1/IR1 visa in your home country for several months to years while you can easily apply for a change of status over there with your tourist visa? Right?" I guess it's really up to you if you want to take to the risk or be cautious about it. If your sole reason is to be with your spouse then just use your tourist visa then come back home before it expires and you can come back again. The only problem about this is that you can't apply or take a job while in your tourist visa. It's actually the reason why I can't stay long while visiting my wife. Oh! There's also no problem with your tourist visa while your petition to migrate is on the process just tell the officer at the port of entry that you just intend to visit your spouse and not migrate there until your petition was approved. Hope this helps.

It's not the same or similar situation.

Applying for a tourist visa, visiting the first time, marrying and adjusting status reeks of having planned to immigrate beforehand. Things can change AFTER entering the US I know, however the way OP words it, it seems like the tourist visa was the shortcut to living in the US. While things can change, it's odd that the strong ties to home country weren't really anything valueble to return to afterall.

You're visiting quite a few times, you've entered(and left!) each time because you were a tourist. Your travel history also reflects this, probably along with having a job/apartment/house/bills in home country to return to. Things that you can't just abandon.

The only similar factor is that you both may apply for AOS because you were both admitted to the US and the CBP officers concluded you did not have immigrant intent. Long story short - don't lie to immigration about anything if you're planning on spending a lifetime in the US based on your immigration case file.