Marriage and AOS on a Tourist Visa - Entry and AOS interviews

[afewquestions 0]

Hello to all!

After reading several posts and guides on the I-130, marriage and AOS on a tourist visa, I still have a few questions that maybe some of you could give good tips on.

Before I ask the questions I would like to explain (in general) our situation (myself and current girlfriend - future fiance):

My girlfriend and I recently reached our 7 year anniversary of long distance relationship. We met 7 years ago in person and spent our first year away from each other, then I studied in her city for a year and then I went back to the US to finish my last school year, then I went back to her city and spent a year volunteering abroad and then I went back to the US to work and she visited as a tourist several times and I visited her several times, we typically have been apart between 8-10 months at a time and I am done with it!

Soon I will propose to her in her country and she will (surely) become my fiance. The plan so far is that she will come on her tourist visa to visit me and be with me for several months while she prepares for her medical residency tests (she is a work and recently graduated physician in her country) as the original plan was for her to apply for an H1B visa and do her medical residency here.

I no longer have "cold feet" and I want to marry and have her with me and make her a permanent resident so that she has a much easier path of getting her medical residency and being with me in the US.

MY QUESTIONS REGARDING MARRIAGE AND AOS ON A TOURIST VISA (to make it the quickest and best option for us to stay together and make her a permanent resident quicker) ARE:

As she plans to come to the US as a tourist, should she mention that she is coming to visit me and study for her residency test, or should she say she is coming to visit friends (as she already stayed with a woman while she did medical rotations here in the past)? Would it be a negative issue to mention that she will be visiting her long time boyfriend and show that she is planning on moving here to be with me and work as a medical resident here?

In case she does say she is coming to visit me and such (but she does not mention we are already engaged) and then we get married 3 months after she arrives (I understand that getting married and applying for AOS very quickly raises red flags and shows intent to misuse the tourist visa) and apply to AOS, would that complicate things?

What if, upon entry to the US on her tourist visa, she mentioned she is coming to visit her fiance and prepare for her tests (the truth), what do you think the immigration officer would say? If the officer asks her if she is intending to get married while she is on her tourist visa and she says no (and says we will get married in the next 2 years), how would an immigration officer react?

If she were to tell the immigration officer that she is coming to visit her friend and travel with her for some months and three months later we get married and apply for AOS, would this raise red flags?

Lastly - How would the AOS interview go like if we told them that she came in as a tourist and we were engaged, but were not planning on getting married so soon, but decided (at the 3 month mark) that we wanted to get married sooner so we wouldnt be far from each other (since we already spent 7 years coming and going)?

I am sorry if I have asked complicated questions, but I am trying to figure out what would be the best things to tell the immigration officer upon arrival when in reality we will get married 3 months after and apply for AOS. Should she mention she is engaged or mention she is going to visit me, probably not right?

I know a person that did this and was not accused of misusing the tourist visa and I see many people on the forum have "gotten away with it". I can still consider the K-1 visa as the safe route, but depending on how likely it is to have issues I would really prefer to be together with her while engaged - married - and applying for AOS.

Thanks for any and all feedback!!!

[NigeriaorBust 4,087]

It is legal to use a visitors visa to enter with intent to stay and it is against the terms of this site to help you with something that is illegal

[vegasbound 83]

I believe that similar issue has been raised many times here and it is against VJ's TOS to give any advice other than be truthful and honest about everything.

Regardless of how you justify and examine the situation, it is considered visa fraud if an alien enters the US on any kind of non-immigrant visa/status with the intention of becoming an immigrant. It is that clear cut and simple.

[Penguin_ie 5,992]

****** This topic is closed as it is asking about immigration fraud. Do not ask such questions and consult our TOS before posting again *****