Getting married on a Tourist Visa while waiting on I-129f & adjusting status

[elgringo954 7]

My fiance was approved for 6 months on her Tourist Visa to visit me in the U.S. while our I-129f petition processes. I've been reading up on waiting times after petitions are approved and the rest of the processing is done and quite frankly I'm afraid of having to wait again for an extended period of time for everything else to process (medical, interview, passport with visa in hand again, etc). I am asking around on this site for any suggestions and worst case scenarios if we were to just skip the formalities of the Fiance visa (although check cashed & processing), get married and then I believe the next step would be an adjustment of status??

I'd appreciate any helpful input.

[MacUK 983]

My fiance was approved for 6 months on her Tourist Visa to visit me in the U.S. while our I-129f petition processes. I've been reading up on waiting times after petitions are approved and the rest of the processing is done and quite frankly I'm afraid of having to wait again for an extended period of time for everything else to process (medical, interview, passport with visa in hand again, etc). I am asking around on this site for any suggestions and worst case scenarios if we were to just skip the formalities of the Fiance visa (although check cashed & processing), get married and then I believe the next step would be an adjustment of status??

I'd appreciate any helpful input.

If your fiance is not in the US at the moment then your plan is illegal

[Cathi 5,612]

coming to the US with a tourist visa with the intent to stay and adjust status is visa fraud. If denied it is a lifetime ban with no appeal.

[elgringo954 7]

fiance is currently here & I was present with her during travel into the US and during the Tourist Visa interview. Intentions as expressed to the Consular & the CBP officer were for her to remain with me in the US for the months or less while the I-129f petition processes and 6 months was listed as the desired amount of time to remain in the US. CBP granted her a 6 month stay. The intentions at the time of obtaining both visas were for her to stay temporarily and return for the remaining processing of the Fiance visa, RT tickets were obtained and the current position of the I-129f is that it was accepted, check cashed, and in process.

[No name 88 48]

What you are suggesting is a very unpopularity path for immigration on this site as many see it as cheating the system. Check out the AOS forum. It's a more sympathetic ear.

Your first mistake is posting what's going on inside your head. CPB doesn't know what you're thinking at point of entry. If they don't believe your wife she'll simply be turned around at immigration and you just wait for the K-1 to complete. There's no ban for that or penalization to the K-1 if denied entry at the boarder.

If CPB let's you into the US intent becomes irrelevant when applying for the AOS. That only needs to be proven at entry. Can it be visa fraud; yes but USCIS seems to be extremely forgiving on this if your relationship is proven to be real and you could be in for a bit of a fight.

In the end she'll be an LPR either way. The choice is yours but it does screw others out of B2 visas in the future.

[elgringo954 7]

LPR??

Thank you for the info and I will switch to AOS

[elgringo954 7]

My fiance was granted a tourist visa to visit me in the US while our I-129f processes. I was present during her tourist visa approval advising of our fiance visa which was in process and on the D-160 she requested a 6 month trip to the US. Tourist visa was granted and we traveled together to the US. I was present with her during the interview with the CBP officer and our intentions stated was that we were requesting that she remains in the US the 6 months while our fiance visa processes and that she was to return to her country for the remaining process (medical, interview, etc). We were in possession of her RT airfare because that was our intentions.

However, now that she is here, what if we file an AOS??? Intentions upon entry were to comply with the I-129f (accepted, check cashed, current status is the initial review)

[No name 88 48]

She's already in the US? Just get married and file the AOS. You've changed you mind after entry. There's an entire forum dedicated to this.

LPR is legal permanent resident.

[elgringo954 7]

thank you for that information. Can you possibly send me the exact link to it. I've posted a topic on the AOS forum. Shall I continue to look on the AOS or look for the LPR forum?

[carton025 38]

After having read your post, I will assume that during all of your correspondence and face-to-face contact with USCIS personnel that you have been honest. It would just be my opinion, based on my experience, that since you have not had any "issues" in the past that there should not be any "expectation" of any issues in the future just as long as any documentation/evidence offered and/or presented does not contradict anything that you have said or stated in the past and what you are doing now or intend to do in the future regarding any situation(s) that may involve the USCIS.

Best of luck!

[elgringo954 7]

Yes sir, that is correct and actually most of the contact with the Consular during the tourist visa interview, and CBP officials was actually myself and appeared to have focused mostly on myself than her, perhaps based upon the presentation of facts and intentions. Thanks

[ashleyphilly 70]

If i were you, i wouldnt do aos. Its been great that consulate has granted your fiancee a tourist visa, but they did that so that you guys wouldnt be seperated while waiting for your fiancee visa. If you get married and do aos in us, then its like using this opportunity. And you might encounter difficulty from uscis when you guys apply for the gc. Why put yourselves in trouble? Since your relationship is legit, you guys will be approved for fiancee visa anyway. Moreover, you will be together while waiting for the viasa

[Dip694 7]

I agree with ashleyphilly. I would not jeopardize your situation. Your fiancee came here with the intend of being here six month. Once the visa is granted then I would get married and dow an AOS. Jeopardizing your visa could result in being banned entry into the US for 10 years (I believe). Just a thought.

[RhettVoe 281]

Mind changing (note, moments after baggage claim, which seems to be a constant) only makes it harder for others in the future to get b2 visas...you and your fiancee wanted the vo to believe and trust you....now what? Recently, I found out that one of my employees did the same thing....lied to get a tourist visa for her foreign fiancee...they married 2 days after he arrived...I fired her two days later. I don't have much patience (none) for those who cheat our system and fully expect to be rewarded for doing so (she foolishly invited me to the wedding, where the story came out...she and her new husband were actually laughing about how 'dumb' the VO and our border officials were....the laughter stopped on Monday, when she showed up at the office, with her stuff from her desk all boxed up...I even asked somebody to put a nice bow on the box.

Bottom line: a B2 visa is supposed to be an object of trust, given to the trustworthy. When that trust is violated, it ruins the opportunities for others.

[aussie_jason 195]

This would be the sort of case that USCIS would choose to make an example of.