What should I do after violating 90 Days Rule?

[Danny1991 8]

I (B2 visa holder) was married with my wife (green card holder) on 13/2/2017. The purpose when I interviewed in US Consulate for B2 Visa was to visit my sister. After 4 days visiting my sister, I met my wife (we are in a relationship more than 5 years) and we decided to marry which is the worst mistake I have ever made. After married in US I came back to home country. 

Now I am waiting for the approval I-130 from USCIS. I am really worried about my case, what should I do now? 

Edited March 3, 2019 by Danny1991

[USS_Voyager 1,971]

5 minutes ago, Danny1991 said:

I (B2 visa holder) was married with my wife (green card holder) on 13/2/2017. The purpose when I interviewed in US Consulate for B2 Visa was to visit my sister. After 4 days visiting my sister, I met my wife (we are in a relationship more than 5 years) and we decided to marry which is the worst mistake I have ever made. After married in US I came back to home country. 

Now I am waiting for the approval I-130 from USCIS. I am really worried about my case, what should I do now? 

 

I think you’re fine. You didn’t do anything wrong. There is no law that prohibits you from getting married on B2 visa. It is only fraud/misrepresentation if you interviewed for B2 but your intention was to adjust status in the US. It was clearly not, because you left. Assume you didn’t overstay the B2, you should have no problem. Just follow the steps on the I-130 process.

[Danny1991 8]

1 minute ago, USS_Voyager said:

 

I think you’re fine. You didn’t do anything wrong. There is no law that prohibits you from getting married on B2 visa. It is only fraud/misrepresentation if you interviewed for B2 but your intention was to adjust status in the US. It was clearly not, because you left. Assume you didn’t overstay the B2, you should have no problem. Just follow the steps on the I-130 process.

Thanks for your reply. Maybe I will have trouble with Consular Officer when I interview in US Consulate in the feature? Base on https://fam.state.gov/FAM/09FAM/09FAM030209.html#M302_9_4 , "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."

[USS_Voyager 1,971]

3 minutes ago, Danny1991 said:

Thanks for your reply. Maybe I will have trouble with Consular Officer when I interview in US Consulate in the feature? Base on https://fam.state.gov/FAM/09FAM/09FAM030209.html#M302_9_4 , "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."

But you didn’t misrepresented anything. You visited your sister and you just spontaneously got married right? I mean, in your B2 visa interview, did you tell them anything that was not true? Did they ask if you have a girlfriend and you said no? Did you plan to marry your girlfriend before you enter the US on that B2? If you did, then that was misrepresentation. If you did not plan for it to happen that way, but it did anyway, it wasn’t misrepresentation.

[Crazy Cat 39,261]

8 minutes ago, Danny1991 said:

Thanks for your reply. Maybe I will have trouble with Consular Officer when I interview in US Consulate in the feature? Base on https://fam.state.gov/FAM/09FAM/09FAM030209.html#M302_9_4 , "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."

Have you misrepresented a material fact to US immigration officials?

[Danny1991 8]

11 minutes ago, USS_Voyager said:

But you didn’t misrepresented anything. You visited your sister and you just spontaneously got married right? I mean, in your B2 visa interview, did you tell them anything that was not true? Did they ask if you have a girlfriend and you said no? Did you plan to marry your girlfriend before you enter the US on that B2? If you did, then that was misrepresentation. If you did not plan for it to happen that way, but it did anyway, it wasn’t misrepresentation.

 

11 minutes ago, missileman said:

Have you misrepresented a material fact to US immigration officials?

Yeah I just spontaneously got married. In my B2 visa interview, the officer asked me why I wanna go to usa, how long I will stay, what does my sis study in us, have I ever been in the US, do i have enough money... and He did not ask about my girlfriend. 

 

I answered everything honestly. And I did exactly what I answered. 

 

after married 3 4 days we filed I130 and sent to USCIS but some reasons I do not know, 15/5/2017 USCIS said case was received (waste 3 months for waiting). Was it too early when I filed I130?  

Edited March 3, 2019 by Danny1991

[mushroomspore 3,043]

7 minutes ago, Danny1991 said:

 

Yeah I just spontaneously got married. In my B2 visa interview, the officer asked me why I wanna go to usa, how long I will stay, what does my sis study in us, have I ever been in the US, do i have enough money... and He did not ask about my girlfriend. 

 

I answered everything honestly. And I did exactly what I answered. 

 

after married 3 4 days we filed I130 and sent to USCIS but some reasons I do not know, 15/5/2017 USCIS said case was received (waste 3 months for waiting). Was it too early when I filed I130?  

Getting spontaneously married in the US with a B2 visa is legal. And now you're following the other LEGAL process of immigrating into the US by filing the I-130. You're perfectly fine. Take a deep breath. Lots of people have done the exact same thing as you and now live in the US as green card holders and citizens. Also, the 30/60/90 day rule is a Department of State policy. USCIS isn't bound by it. 

Edited March 3, 2019 by mushroomspore

[USS_Voyager 1,971]

3 minutes ago, Danny1991 said:

 

Yeah I just spontaneously got married. In my B2 visa interview, the officer asked me why I wanna go to usa, how long I will stay, what does my sis study in us, have I ever been in the US, do i have enough money... and He did not ask about my girlfriend. 

 

I answered everything honestly. And I did exactly what I answered. 

 

after married 3 4 days we filed I130 and sent to USCIS but some reasons I do not know, 15/5/2017 USCIS said case was received. Was it too early when I filed I130?  

No, sounds like everything was kosher there, especially you did not file to adjust status but you chose to return and do the immigrant visa instead. But just curious so where are you with the I-130? May 2017 should have been approved already? Are you having the interview for the immigrant visa soon?

[Danny1991 8]

2 minutes ago, mushroomspore said:

Getting spontaneously married in the US with a B2 visa is legal. And now you're following the other LEGAL process of immigrating into the US by filing the I-130. You're perfectly fine. Take a deep breath. Lots of people have done the exact same thing as you and now live in the US as green card holders and citizens.

Thank you so much mushroomspore. I would still collect evidence demonstrating that it was not my intent to marry, and it had happened spontaneously. But how? Do you have any ideas?

 

4 minutes ago, USS_Voyager said:

No, sounds like everything was kosher there, especially you did not file to adjust status but you chose to return and do the immigrant visa instead. But just curious so where are you with the I-130? May 2017 should have been approved already? Are you having the interview for the immigrant visa soon?

Cali Service Center. I remember I sent I130 to USCIS on 20/2/2017 but 15/5/2017 USCIS said case was received and sent me a receipt. I do now know why its took 3 months to only receive the case?

 

Now I am waiting for the approval. Nearly 2 years and still nothing happens. US immigration is nightmare.  

[mushroomspore 3,043]

44 minutes ago, Danny1991 said:

Thank you so much mushroomspore. I would still collect evidence demonstrating that it was not my intent to marry, and it had happened spontaneously. But how? Do you have any ideas?

They don't ask for such evidence. They may ask a question during the interview about your previous entry but the goals of the interview are actually to ensure: 1. You are who you say you are (and not some criminal who stole someone else's identity) and 2. That you and your wife actually KNOW each other and are in a real relationship. Your intent was determined at the border by CBP to be genuine and as you say, the marriage was spontaneous anyways. It's in the past and it's not the embassy's job to police previous legal entries into the US (it's different if you've entered the US illegally before but you have not so it's not a concern for you). Basically, the embassy is very unlikely to care about your previous entry. It is their job to make sure that the visa they want to give you NOW (an immigrant visa) will be used correctly.

Edited March 3, 2019 by mushroomspore

[carmel34 3,531]

10 hours ago, USS_Voyager said:

But just curious so where are you with the I-130? May 2017 should have been approved already? Are you having the interview for the immigrant visa soon?

OP said petitioner is LPR, this takes much longer than USC spouse filing, about two years.

[nastra30 1,984]

5 hours ago, carmel34 said:

OP said petitioner is LPR, this takes much longer than USC spouse filing, about two years.

The other question will be did the LPR ever naturalized during the 5 years of marriage. If so, there could be the potential to upgrade.

[Khallaf 649]

18 hours ago, Danny1991 said:

I (B2 visa holder) was married with my wife (green card holder) on 13/2/2017. The purpose when I interviewed in US Consulate for B2 Visa was to visit my sister. After 4 days visiting my sister, I met my wife (we are in a relationship more than 5 years) and we decided to marry which is the worst mistake I have ever made. After married in US I came back to home country. 

Now I am waiting for the approval I-130 from USCIS. I am really worried about my case, what should I do now? 

nothing wrong with getting married on B2, but as you said your spouse is just a LPR not a USC, you will have to leave the USA, and wait for the priority date to be current, you will not be able to stay until the approval. I know it has been more than 2 years, and still nothing. I just hope you have not overstayed, as an overstay is only overlooked for spouse of a USC.

Edited March 4, 2019 by Khallaf

[Danny1991 8]

14 minutes ago, Khallaf said:

nothing wrong with getting married on B2, but as you said your spouse is just a LPR not a USC, you will have to leave the USA, and wait for the priority date to be current, you will not be able to stay until the approval. I know it has been more than 2 years, and still nothing. I just hope you have not overstayed, as an overstay is only overlooked for spouse of a USC.

No I did not overstay. I only stayed only 3 weeks then I came back to my home country. I did what exactly I answered to Consular Officer. 

[Khallaf 649]

Just now, Danny1991 said:

No I did not overstay. I only stayed only 3 weeks then I came back to my home country. I did what exactly I answered to Consular Officer. 

I assume your LPR spouse has not updated to a USC yet?