Apply for residency while in US or from Ecuador?

[ahpineiro721 0]

Hi Everyone, My husband and I were married in January 2013 in Ecuador. We are planning to move to the US next year, in 2014. He has a multiple entry tourist visa (b1/b2 visa). We are trying to figure out if it will be better to go to the US on his tourist visa and then apply for residency or apply for residency while still living in Ecuador. Also, he lived in the US for 7 years legally on a student visa and then a work visa, but then he came back to Ecuador to work for his family's company. Thanks for your help!

[Ryan H 3,796]

We are trying to figure out if it will be better to go to the US on his tourist visa and then apply for residency

This is a nonstarter, using a tourist visa to immigrate is visa fraud which has serious consequences.

You need to file the I-130 form to begin the immigration process, the form can be filed anytime.

I would suggest that you carefully study the instructions for the form I-130 and well as this guide: http://www.visajourney.com/content/i130guide1

[AaronM 0]

You have to apply for the I-130 and I-129F. Which cannot be filed when that foreign fiancée/spouse is in the USA. They consider that as marriage fraud. And the non-American citizen will be deported. If you are here in the USA as a tourist you cannot marry an American citizen. Also if your here as a student you cannot marry an American citizen. That's what the K-Visa is for so you can stay legally with all the benefits of being married and your not a tourist or a student. The government considers this as marriage fraud. You will have a hard time proving why you both want to get married (government will think you only want to be married to come to USA and live here). If you violate your status of being in the USA. You will be banned from re-entry for 10 years or life.

[Jawaree 717]

If U enter with intention to immigrate

it can backfire as fraud, Y not petition now

and visit during the wait time, you'd just

need to prove to CBP its only a visit by ties

in your country, job, school,contracts etc

[ahpineiro721 0]

Thanks for the replies!

[Terry J 50]

Hi Everyone, My husband and I were married in January 2013 in Ecuador. We are planning to move to the US next year, in 2014. He has a multiple entry tourist visa (b1/b2 visa). We are trying to figure out if it will be better to go to the US on his tourist visa and then apply for residency or apply for residency while still living in Ecuador. Also, he lived in the US for 7 years legally on a student visa and then a work visa, but then he came back to Ecuador to work for his family's company. Thanks for your help!

Here is my two cents:

As the previous poster said, if your husband enters the US on the B1/B2 visa as a visitor with the INTENT to immigrate at the time of entry, that is considered visa fraud. People do this all the time and get away with it but it doesn't make it right or legal though.

If your spouse decides to file the AOS in the US and USCIS determines that your spouse committed visa fraud, the AOS would be denied and your husband would require a waiver of inadmissibility to overcome the denial - not the easiest thing to get.

The safer course of action would be for you to petition for your husband via consular processing.

N.B. If you intend to remain in Ecuador with your spouse throughout the process, you need to prove domicile in the US - that you intend to live in the US with your spouse and prove that you will/have established domicile.

Best of luck to you and you need to read up on the process asap!

[fantonledzepp 159]

This is a nonstarter, using a tourist visa to immigrate is visa fraud which has serious consequences.

You need to file the I-130 form to begin the immigration process, the form can be filed anytime.

I would suggest that you carefully study the instructions for the form I-130 and well as this guide: http://www.visajourney.com/content/i130guide1

This.

[fantonledzepp 159]

You have to apply for the I-130 and I-129F. Which cannot be filed when that foreign fiancée/spouse is in the USA. They consider that as marriage fraud. And the non-American citizen will be deported. If you are here in the USA as a tourist you cannot marry an American citizen. Also if your here as a student you cannot marry an American citizen. That's what the K-Visa is for so you can stay legally with all the benefits of being married and your not a tourist or a student. The government considers this as marriage fraud. You will have a hard time proving why you both want to get married (government will think you only want to be married to come to USA and live here). If you violate your status of being in the USA. You will be banned from re-entry for 10 years or life.

OP, do not listen to any of this rambling. I don't even know where to start... This poster is wrong.

[Darnell 8,478]

You have to apply for the I-130 and I-129F.

Nope. The I-130 is sufficient.

[Ryan H 3,796]

You have to apply for the I-130 and I-129F. Which cannot be filed when that foreign fiancée/spouse is in the USA. They consider that as marriage fraud. And the non-American citizen will be deported. If you are here in the USA as a tourist you cannot marry an American citizen. Also if your here as a student you cannot marry an American citizen. That's what the K-Visa is for so you can stay legally with all the benefits of being married and your not a tourist or a student. The government considers this as marriage fraud. You will have a hard time proving why you both want to get married (government will think you only want to be married to come to USA and live here). If you violate your status of being in the USA. You will be banned from re-entry for 10 years or life.

Just about everything written above is grossly incorrect and should be disregarded in its entirety.