What happens if spouse arrives on tourist visa and we apply for GC in the USA?

[I&G 2]

Hello

Looking at the current Visa processing times for USC spouses (14 months) I am wondering if it would be better to apply for my wife's Green Card from the States (she has a tourist visa).

I've read this is frowned upon (Fraud), but what are the consequences?

I have not seen much about that. In fact, I have heard that people end up getting their green cards via this method, but it ends up being more costly and you have to do extra stuff like 'Adjustment of Status'. Applying for work permission etc.

In our situation, it seems like it would allow us to establish ourselves in the US quicker, but I am not clear about what the dangers involved are. I'd prefer not to do it this way, but I was told 8 months, not 14. As usual maybe I am misunderstanding something.

It would be great if someone who has gone this route (or is in a position to provide some insight) could share their experiences/advice. (And please don't just answer by saying its fraud, what are the consequences?)

Many thanks

[Rob & Arlene 2]

I`ts Fraud!!

Hello

Looking at the current Visa processing times for USC spouses (14 months) I am wondering if it would be better to apply for my wife's Green Card from the States (she has a tourist visa).

I've read this is frowned upon (Fraud), but what are the consequences?

I have not seen much about that. In fact, I have heard that people end up getting their green cards via this method, but it ends up being more costly and you have to do extra stuff like 'Adjustment of Status'. Applying for work permission etc.

In our situation, it seems like it would allow us to establish ourselves in the US quicker, but I am not clear about what the dangers involved are. I'd prefer not to do it this way, but I was told 8 months, not 14. As usual maybe I am misunderstanding something.

It would be great if someone who has gone this route (or is in a position to provide some insight) could share their experiences/advice. (And please don't just answer by saying its fraud, what are the consequences?)

Many thanks

[apple21 953]

If she's asked at POE for purpose of visit, be honest and say to adjust status and get a green card, surely you'll know the consequences. ?

[Rob & Arlene 2]

I sent you a message.

Hello

Looking at the current Visa processing times for USC spouses (14 months) I am wondering if it would be better to apply for my wife's Green Card from the States (she has a tourist visa).

I've read this is frowned upon (Fraud), but what are the consequences?

[Ralph and Meghan 19]

she can get a 10 year ban to the united states. There are people that get in the states get married and apply for there adjustment of status. Most come in on a tourist visa without the intent to get married. If this is the case a lot get approved and get there green card. But if the are trying to get into the us with the intent to stay its called fraud and you will get a 10 year ban.

[sma1488 155]

You don't get to circumvent the law simply because the kind of visa you need is currently taking longer to process than you were "told."

As others have mentioned (and as you already know), it is fraud and your spouse can face lengthy bans from the country if she is caught. There are multiple steps along the way where she could be found out, including entry, AOS interview, and all the way up to (and after) citizenship.

If she is asked about her marriage to you by CBP and she is honest, she might not even be allowed into the country unless she can demonstrate very strong ties to her home country.

[NikLR 13,227]

If caught, either now or later, it is misrepresentation and leads to a lifetime ban.

[Boiler 45,657]

Caught later? What do you mean by that?

[NikLR 13,227]

Okay lets play this game: Let's say she gets through at customs by lying, and it's discovered at the visa interview or a home visit that she lied to the CBP. You don't really think they'd let that slide? When they have proof or a confession? I've read about citizenship being revoked for asylum immigrants. They were deported and banned for life. While the chances may be slim to almost non-existent, it still exists.

[NikLR 13,227]

Have you never read about hard interviews for AOS where they basically all but actually accuse the person of intending to immigrate on VJ? I have. And about home interviews too. Mentioning the consequences to an illegal action IS relevant.

[TBoneTX 45,498]

*** Thread locked for review. ***

[TBoneTX 45,498]

You don't get to circumvent the law simply because the kind of visa you need is currently taking longer to process than you were "told."

As others have mentioned (and as you already know), it is fraud and your spouse can face lengthy bans from the country if she is caught. There are multiple steps along the way where she could be found out, including entry, AOS interview, and all the way up to (and after) citizenship.

If she is asked about her marriage to you by CBP and she is honest, she might not even be allowed into the country unless she can demonstrate very strong ties to her home country.

The above post clarifies and summarizes the situation in excellent fashion.

This thread will remain locked, because the query (which was essentially fishing for ways around the legal process) has been answered.

Administrative action has been taken against one participant for treading on this tenet in the VisaJourney Terms of Service:

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

TBoneTX

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