Unsure Where to Begin/What to Do

[HaleyHernandez 0]

My husband currently has a B1/B2. We are now living in the US again. Every time I call USCIS, they give me different forms I need to fill out. I will list those below. Anyway, he has had to travel back and forth to Belize, where he is from, to finish up business.

 

I-130
I-45
G-325A
I-693
I-864
I-765
I-131

I was also told to file I-129F (although we're married and he's not my fiancé.

 

I was told by a friend that once he is back we can go to a nearby Social Security Department and file for him a SSN. Is this possible without first obtaining some sort of work permit, or other document from the USCIS? We've been married 9 years, I'm a US born citizen and we have 2 US born children together. She said to bring birth certificates and our marriage certificate (married in Belize).

[mrmvkjts 459]

With a tourist visa, he can‘t LIVE in the US legally!

 

You have to file the I-130 petition for your husband and it will take around 12-14 months for his visa to be issued if everything goes well!

During this time he can‘t STAY and live pr work in the US

also he has to go thru a medical appointment as well as an interview in his home country!

[Crazy Cat 39,194]

http://www.visajourney.com/content/i130guide2

 

His "going back and forth to Belize" will be delayed....

[Crazy Cat 39,194]

1 minute ago, mrmvkjts said:

With a tourist visa, he can‘t LIVE in the US legally!

 

You have to file the I-130 petition for your husband and it will take around 12-14 months for his visa to be issued if everything goes well!

During this time he can‘t STAY and live pr work in the US

also he has to go thru a medical appointment as well as an interview in his home country!

It sounds like he is already inside the US....he can file for AOS.

[Ben&Zian 4,397]

OP said "Once he is back" meaning he isn't and is planning to return on a B2 with intent to AOS which is fraud..... enough said. 

[Crazy Cat 39,194]

1 minute ago, Ben&Zian said:

OP said "Once he is back" meaning he isn't and is planning to return on a B2 with intent to AOS which is fraud..... enough said. 

Ooops!  I missed that.......Thanks......

[Crazy Cat 39,194]

OP-  As was said, if your husband is now outside the US, he can NOT enter the US via that B1/B2 with intent to stay and adjust status........

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[Ben&Zian 4,397]

No one here will give you any advice/support your apparent plan to commit visa fraud. It is against the TOS of VJ and fraudulent.

 

Follow the proper I-130 (IR-1) visa process.

[mushroomspore 3,043]

Oh boy. Your plan is 100% illegal if your husband is currently NOT in the US.

[Roel 7,191]

Aaand the truth is, OP and her husband won't give a single .. well, they won't care it's a fraud. Hubby has a B2 visa already so nothing is stopping them.

[Crazy Cat 39,194]

3 minutes ago, Roel said:

Aaand the truth is, OP and her husband won't give a single .. well, they won't care it's a fraud. Hubby has a B2 visa already so nothing is stopping them.

Maybe the OP will read this from soundimmigration.com

"

Even if the person gets into the U.S. they still cannot adjust status to permanent resident.

Let’s say our Chinese wife gets into the United States on her B-2 visitor’s visa. Remember that all along she was planning to apply for residency, so after entry her husband files and I-130 Petition for Alien Relative and she files an I-485 Application to Adjust Status to Permanent Resident. She’s already in the country, and their marriage is legitimate, so is she home free? No.

An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility.

What are the grounds of inadmissibility? The immigration statute has a long list of rules about whether a person is admissible to the U.S. A person is considered inadmissible if she has certain diseases, has committed certain crimes, is a security threat, etc. But a person is also inadmissible if she has committed immigration fraud. Under INA 212(a)(6)(C)(i):

Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

This says that if you used “fraud” or “willfully misrepresented a material fact” to secure entry into the U.S., then you are considered inadmissible.

So let’s go back to the port of entry. Remember that CBP official’s job was to ensure that the purpose of the person’s trip was consistent with their visa category, and that the person was not intending to reside in the United States. And to make it past the port of entry, the foreign national had to convince the CBP official that she planned to return home. Now that our Chinese wife is applying for adjustment of status, the USCIS officer gets to look back and ask, “was that person honest when she entered the U.S. on a B-2, or did she secretly plan to seek residency?” Remember that the USCIS adjudicator is asking this question while a residency application is sitting in front of her.

The question of fraud/misrepresentation is a factual one. That means the USCIS adjudicator can look at all of the facts and evidence available to her in determining whether the individual made a misrepresentation. She can base her finding on nothing more than her interview with the foreign national, and her impressions from that interview.

If USCIS denies the adjustment application the foreign national has to depart the U.S. or can otherwise be deported. But the problems do not end there.

Fraud/misrepresentation creates a permanent bar.

[mushroomspore 3,043]

18 minutes ago, Roel said:

Aaand the truth is, OP and her husband won't give a single .. well, they won't care it's a fraud. Hubby has a B2 visa already so nothing is stopping them.

Right and the only way OP's husband would even be able to get past CBP when he attempts to arrive on his B1/B2 would be to lie to them. They will ask about his plans in the US and he will have to disclose he's married to an American citizen. CBP's going to want to know about her, her plans, their life together and all that. If OP's husband lies and pretends his "visit" is temporary, that's hecking bad and never mind staying to adjust; he just lied to CBP. If it comes back to bite them somehow, it'll be on his immigration record forever. If he tells the truth about wanting to stay and adjust, he'll be put on the first plane back to Belize and that will also be on his immigration record forever. Both scenarios will completely taint any future attempts at legal immigration into the US.

[valentinasc 330]

Your spouse will have to file for i-130 in his country. If it was so easy to enter in the US and adjust status like you intend to then  everybody would be doing it. There are rules to follow. He will file for a i-130 and wait 12+ months in his country. It sureeee sucks! But that’s the way to do it if you wanna do things right 

[Amadia 711]

5 hours ago, HaleyHernandez said:

My husband currently has a B1/B2. We are now living in the US again. Every time I call USCIS, they give me different forms

1. Husband on a tourist visa but living in USA - This is considered visa fraud.

2. You took the risk of calling USCIS to find out what you need to do - USCIS will more than likely add your husband to their I.C.E. list and he could get deported once her arrives on US soil.

3. In the 9yrs that you both got married, did you both not consider filing for him to get a spouse visa?

4. Tourist visas have a max of 10yrs. Once your husband goes to renew, he could get turned down. What would you and your kids do then?

 

I'm not listing the above to sound judgmental but your situation seems like it already went downhill......

 

[Jaquelly 1,647]

2 minutes ago, Amadia said:

1. Husband on a tourist visa but living in USA - This is considered visa fraud.

2. You took the risk of calling USCIS to find out what you need to do - USCIS will more than likely add your husband to their I.C.E. list and he could get deported once her arrives on US soil.

3. In the 9yrs that you both got married, did you both not consider filing for him to get a spouse visa?

4. Tourist visas have a max of 10yrs. Once your husband goes to renew, he could get turned down. What would you and your kids do then?

 

I'm not listing the above to sound judgmental but your situation seems like it already went downhill......

 

Just curious, is there any proof to your #2? Yes, they took a risk, but I would like to see evidence of this statement before people start getting the ####### scared out of them.