Help!!! Filed 1 week ago, now wife must leave for emergency

[Hypnos 6,576]

It will depend upon the nature of the emergency.

[hanniel 41]

Is it life or death? If the answer is no, she should wait. Sometimes you have to learn how to manage crises from afar.

[raven52 233]

I would think a good, solid conversation take place between you and your wife. You need to weigh the effects of your marital situation, and decide what is the most important.

What are the ramifications if she leaves, without AP?

[Unidentified 2,930]

Is the emergency really worth abandoning a petition for? Is someone dying? We all have different definitions of emergencies and I think you need to figure out if this is one of those emergencies that is worth the risk of abandoning a petition. Gather all the info and evidence for the info pass and good luck!

[Hairball 11]

Maybe I am missing something....You are married, adjusting status in the US on a visitors visa?

[Boiler 43,438]

Not sure what you think you are missing.

[Hairball 11]

Boiler, can you enter the US to adjust status on a visitors visa? Isn't it considered fraud?

[Unidentified 2,930]

Boiler, can you enter the US to adjust status on a visitors visa? Isn't it considered fraud?

Depends on the intentions. If you intend to go to the states on a visitors visa with the purpose of getting married then yes that's fraud. If you go on a visitors visa and it just happens without it being planned before you arrived into the us then no, it's not fraud.

[aaron2020 11,651]

Maybe I am missing something....You are married, adjusting status in the US on a visitors visa?

Hi,

What you're missing arise from Visa Journey's TOS.

It's immigration fraud to enter the U.S. on a non immigrant visa with the intent to immigrate. This is why people scream fraud when a person say they intend to enter the U.S. on a visitor visa with the intent to immigrate. Giving advice to this person is a VJ TOS violation and the monitors will lock the thread.

However, under case law (Matter of Batista and Matter of Cavazos), USCIS can not deny the adjustment of an Immediate Relative of a USC based on the preconceived intent to immigrate. So a foreign spouse who is admitted into the U.S. on a visitor visa can adjust without any problem. It's okay to give advice here because no one is helping them commit the fraud to enter the U.S.

Planning to immigrate when entering on a visitor visa is bad.

If a person has already entered, then it's okay to give advice. All is good.

It's the equivalent of no punishment if you have already committed the fraud.

[bhindzioncurtain 12]

No fraud happening here, she has visited multiple times before this visit and I never met or talked to her before we met in January. We met, hit it off, and decided to start a life together.

The emergency has to do with a paternity issue in Ukraine with her daughter from another man. The man's wife when he died is contesting the paternity of his daughter. So my wife has been subpoenaed to court and she has to also get the body exhumed to do the paternity test to protect the interests of her daughter.

So I have arranged an Info Pass interview and also in process of filing paperwork with our Senator requesting assistance.

[aaron2020 11,651]

Hi,

Just trying to explain why some threads get down while others are allowed when they all are asking about adjusting in the U.S. on a visitor visa.

I did not intend to insinuate any fraud on your part. My apologies.

[Hairball 11]

I did not mean to stir the pot....I was just wondering and maybe I should have PM the OP....sorry for the stir

[Boiler 43,438]

More people seem to come over as visitors and adjust than say use the K1, what there intent is only they know.

I came on a K1, we were advised by a Lawyer to just come over on the VWP but that would have been naughty.

I have only met one person who came on a K1.

[Unidentified 2,930]

More people seem to come over as visitors and adjust than say use the K1, what there intent is only they know.

I came on a K1, we were advised by a Lawyer to just come over on the VWP but that would have been naughty.

I have only met one person who came on a K1.

Wow, your lawyer encouraged Immigration fraud!? Yeah, that would have been naughty...