Best process to bring wife (in Singapore, has B-2) to States (I am USC)

[geowrian 22,335]

Just now, William610 said:

what if you have a return flight which you may or may not use depending on your visa status?

What does a return flight have to do with it (other than trying to fool CBP)? I'll say it again: If you enter the US on a tourist visa with the intent to stay and file AOS, then you are committing visa fraud.

[William610 0]

Just now, William610 said:

what if you have a return flight which you may or may not use depending on your visa status?

I give you this... You may be right... If you book a one way flight, and you tell the officer you are planning on staying in US... that may not fly with them...   My chinese female friend who married an american and within few months flew to US alone with one way ticket... She got flagged. 

But this doesn't suggest that option #2 (applying for P.R. while living in US is illegal)... 

To get around this, you can book a return flight.... 2)  have the US Citizen spouse go and fly to US together  
3)  Carry a US citizen baby..if applicable    
 

[William610 0]

On 1/7/2017 at 9:06 AM, p-ana said:

The only legal option is number 1. Number 2 is fraud

can you please share some resource?

 

Are you saying that there is no way for my spouse to stay in US while we apply for her P.R.?

We have a child (US citizen child)... She has to return to China?

[geowrian 22,335]

6 minutes ago, William610 said:

I give you this... You may be right... If you book a one way flight, and you tell the officer you are planning on staying in US... that may not fly with them...   My chinese female friend who married an american and within few months flew to US alone with one way ticket... She got flagged. 

But this doesn't suggest that option #2 (applying for P.R. while living in US is illegal)... 

To get around this, you can book a return flight.... 2)  have the US Citizen spouse go and fly to US together  
3)  Carry a US citizen baby..if applicable    
 

It's not about having a return flight or not. Entering the US on a tourist visa with the intent to remain & file AOS is visa fraud.

 

No, that's not what I said. You can apply for AOS from a tourist visa if you meet the requirements while in the US. But that's neither here nor there...option #2 becomes illegal at POE - before being formally admitted into the US.

 

There is no way to "get around this" other than fraud. Flying with a USC does not change this. Flying with a USC baby does not change this.

Edited January 17, 2017 by geowrian

[William610 0]

On 1/8/2017 at 1:14 AM, MacUK said:

 

You should ask that lawyer what would happen when your wife arrives in the US with suitcases full of belongings and tells the immigration officers that she's going to be living there.

Or the consequences if she isn't honest when questioned.

What if you have a return flight, and you answer I'm visiting my husband. 
Is it still illegal to apply for I-485 adjustment of status?

[William610 0]

14 minutes ago, geowrian said:

It's not about having a return flight or not. Entering the US on a tourist visa with the intent to remain & file AOS is visa fraud.

 

No, that's not what I said. You can apply for AOS from a tourist visa if you meet the requirements while in the US. But that's neither here nor there...option #2 becomes illegal at POE - before being formally admitted into the US.

 

There is no way to "get around this" other than fraud. Flying with a USC does not change this. Flying with a USC baby does not change this.

as a spouse, they have visited US number of times. In this case, spouse can answer I'm visiting my husband in the US at POE. 
No one has to mention AOS....

Is it still illegal to apply for I-485 AOS while meeting all requirements?

The only thing that is needed for Green Card application is the I-94 form which is given at POE... If they withheld that, I'm not sure what the procedure is. I wonder if anyone has trouble obtaining an I-94... 
 

[William610 0]

1 minute ago, William610 said:

as a spouse, they have visited US number of times. In this case, spouse can answer I'm visiting my husband in the US at POE. 
No one has to mention AOS....

Is it still illegal to apply for I-485 AOS while meeting all requirements?

The only thing that is needed for Green Card application is the I-94 form which is given at POE... If they withheld that, I'm not sure what the procedure is. I wonder if anyone has trouble obtaining an I-94... 
 

In other words, the requirements for applying for P.R. while living in US are valid via I-485.  Right?
We are not debating whether I-485 is fraud or not. Right?
We are debating about the POE process. Right?

But say our spouse has gotten through the POE and is visiting US on B-2 visa.... Then we apply for Green Card and applying I-485... Is that still fraud?

[geowrian 22,335]

Just now, William610 said:

as a spouse, they have visited US number of times. In this case, spouse can answer I'm visiting my husband in the US at POE. 
No one has to mention AOS....

Is it still illegal to apply for I-485 AOS while meeting all requirements?

The only thing that is needed for Green Card application is the I-94 form which is given at POE... If they withheld that, I'm not sure what the procedure is. I wonder if anyone has trouble obtaining an I-94... 
 

Yes, they can visit still. But CBP is very skeptical of this in general. But I can almost guarantee the next question will be some form of "Do you intend to file for AOS / Will you return home?". If thew answer to first one is "yes", or second one "no", then they will deny entry. And don't even bring up the idea of lying...that's a huge no-no that has very serious consequences...

 

Nobody has to mention AOS, true. But that's also irrelevant - entering on a tourist visa with the intent to file for AOS is fraud. It's true that if they don't ask you then you don't have to volunteer the information. But the act itself is still fraud.

 

If you are already in the US and meet the requirements to file AOS, then you may do so regardless of intent at POE. I have my own understanding of how preconceived intent can or cannot be used as one of many factors for AOS purposes, but you are permitted to file AOS regardless of intent at POE.

[William610 0]

4 minutes ago, geowrian said:

Yes, they can visit still. But CBP is very skeptical of this in general. But I can almost guarantee the next question will be some form of "Do you intend to file for AOS / Will you return home?". If thew answer to first one is "yes", or second one "no", then they will deny entry. And don't even bring up the idea of lying...that's a huge no-no that has very serious consequences...

 

Nobody has to mention AOS, true. But that's also irrelevant - entering on a tourist visa with the intent to file for AOS is fraud. It's true that if they don't ask you then you don't have to volunteer the information. But the act itself is still fraud.

 

If you are already in the US and meet the requirements to file AOS, then you may do so regardless of intent at POE. I have my own understanding of how preconceived intent can or cannot be used as one of many factors for AOS purposes, but you are permitted to file AOS regardless of intent at POE.

Oh great...  

Shouldn't lie but they don't record your answers either. Do they? 
Has anyone experienced this before?  Thanks Buddy.  I grow up in Philadelphia. GoEagles!!! 

[William610 0]

Just now, William610 said:

Oh great...  

Shouldn't lie but they don't record your answers either. Do they? 
Has anyone experienced this before?  Thanks Buddy.  I grow up in Philadelphia. GoEagles!!! 

have an idea. My wife will answer in Chinese and act dumb.

[geowrian 22,335]

13 minutes ago, William610 said:

Oh great...  

Shouldn't lie but they don't record your answers either. Do they? 
Has anyone experienced this before?  Thanks Buddy.  I grow up in Philadelphia. GoEagles!!! 

They sure can. But that's irrelevant. *Never* lie to or try to fool USCIS, a CO, CBP, etc. That is illegal and discussing or condoning that is not permitted on VJ. It's probably the worst thing you can do from an immigration standpoint. Seriously...you don't want to do this and risk being without your SO in the US.

 

Hail Eagles!

 

12 minutes ago, William610 said:

have an idea. My wife will answer in Chinese and act dumb.

No, don't try to fool them either. They can go through her phone and see conversations and such anyway. Give up on thinking of ways to go around the process...they've seen it all before. Just tell the truth and they will make their decision. No lies. No tricks. If denied entry, then wait for the immigration visa to process.

Edited January 17, 2017 by geowrian

[TBoneTX 43,043]

Thread is locked to further comments and is not to be restarted.

The OP got correct information initially.

The new-member hijacker kept fishing for ways around the law.

This violates this provision of the site's 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."

Administrative action has been applied.

The Terms of Service are found here: http://www.visajourney.com/content/terms

 

TBoneTX

VJ Moderation