Today got b2 visa, going to start cr1, need help

[Azagarth 0]

i am USC, so will i be in trouble if I start her USCIS papers now then?

[Boiler 43,437]

I am unclear what you are looking to do, what papers in particular.

[SennaBrigante 92]

Nobody will be in "trouble" you can start the process anytime you want but if she is asked about it at POE it may affect the officer's decision on whether to allow her into the country or not

[aaron2020 11,651]

You cannot apply for an adjustment of status for your wife from a tourist visa to permanent resident status (assuming that is what you meant) with this intention present. Doing so is visa fraud

good luck

Sure, he can apply. There is no law that says they can't apply.

In fact, US case law states that the preconceived intent to immigrate is not a valid reason to deny the AOS of an Immediate Relative of a US citizen as long as the beneficiary did not lie at the POE.

The burden of proof is on USCIS to prove that she lied at the POE.

Edited August 27, 2014 by aaron2020

[aaron2020 11,651]

i am USC, so will i be in trouble if I start her USCIS papers now then?

Hi,

Read this carefully.

It's immigration fraud to enter the US on a tourist visa with the intent to immigrate.

However, US case law states that the preconceived intent to immigrate is not a valid reason to deny the AOS of an Immediate Relative of a USC as long as the person did not lie at the POE.

While it is visa fraud to enter the US on a tourist visa with the intent to immigrate, US law does not allow USCIS to deny the AOS of a spouse of a US citizen for entering the US with the intent to immigrate as long as the beneficiary did not lie at the POE.

The burden of proof that the beneficiary lied at the POE is on USCIS.

I am not advocating that you take any particular step. I am simply giving you the law that other posters seem to conveniently ignore.

[Ryan H 3,790]

Hijack post removed.

[Azagarth 0]

so technically i can have her do an AOS while she is here, and not have to leave the country until she gets her green card? What are the consequences if for some reason they do prove visa fraud? is this likely that they will do it? We have yet to start her immigration process, so would that help or hurt us?

Its killed my bank account by having to live outside of the usa with her, and now more than ever my family needs me home to help them, aka work. my moms dying of cancer and its just super stressful right now. not having my wife here with me during this time period will be super hard, but i need to stay in the usa and i would hate to have to send her back home without me.

if anyone has a better idea than her coming n on a tourist visa, then doing an AOS ... PLEASE let me know. our end goal is to be living and start a normal life here in the USA, the sooner the better. I have already had to take a year off college, and now going onto the 2nd just sucks for my future.

[Mollie09 1,543]

If she can't convince the officer at the POE that she'll be back, she can be denied entry and sent home. That would complicate things quite a bit.

[SennaBrigante 92]

And if asked whether she has plans of adjusting her status at POE she can't lie about it so it's tricky. Your biggest hurdle would be at the POE

[Boiler 43,437]

As an observation people lie about it all the time

[Ryan H 3,790]

~~~Closed for review.~~~

***After a review of this thread, it will remain locked. It is a violation of the TOS to discuss visa fraud. A new thread with questions about the CR-1 process can be started but this thread is not to be restarted.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited August 28, 2014 by Ryan H