Visiting Home Country after proposal but before marraige

[gregoryagu 31]

A friend of mine, Bob, met a woman from the Ukraine, and he subsequently proposed and they got married here in the US. 

 

To me, it looks like all is well except for one thing: She went back to her home country, not once, but twice between the proposal, and the actual marriage.  I think this is going to be a red flag.  They are here in the US, and they are about to do their interview next month.  It seems to me that after the proposal, if she goes back to her home country, then should would need to do a K-1 Visa to legally re-enter.  But she already had a Business Visa, so she continue to use that.  Is there cause for concern?  Did she violate protocol by not staying in the US until the marriage was completed?    Should the proposal have waited until she was back in the US in Jan?

 

It a complicated story, but I have boiled it down to these relevant dates.  

 

December 23 2016 Met on online website.  We continued our relationship daily via Skype for the next 44 days until February 6, 2017.

February 6, 2017  Bob visits Ukraine for two weeks.

 

March 6th Irina comes to visit Frank for three months on Business Visa.   

May 31st  Irina   goes back to Ukraine for two weeks, then returns to US.

July 18th  Proposal/Engagement
 

October 26th  Irina  traveled to Ukraine for business for one week, then back in the US.

January 22nd 2018 Irina  traveled to Ukraine for business again for 3 weeks

March 24th Irina and Bob legally married.

Edited April 14, 2019 by gregoryagu
Typo

[payxibka 10,045]

3 minutes ago, gregoryagu said:

A friend of mine, Bob, met a woman from the Ukraine, and he subsequently proposed and they got married here in the US. 

 

To me, it looks like all is well except for one thing: She went back to her home country, not once, but twice between the proposal, and the actual marriage.  I think this is going to be a red flag.  They are here in the US, and they are about to do their interview next month.  It seems to me that after the proposal, if she goes back to her home country, then should would need to do a K-1 Visa to legally re-enter.  But she already had a Business Visa, so she continue to use that.  Is there cause for concern?  Did she violate protocol by not staying in the US until the marriage was completed?    Should the proposal have waited until she was back in the US in Jan?

 

It a complicated story, but I have boiled it down to these relevant dates.  

 

December 23 2016 Met on online website.  We continued our relationship daily via Skype for the next 44 days until February 6, 2017.

February 6, 2017  Bob visits Ukraine for two weeks.

 

March 6th Irina comes to visit Frank for three months on Business Visa.   

May 31st  Irina   goes back to Ukraine for two weeks, then returns to US.

July 18th  Proposal/Engagement
 

October 26th  Irina  traveled to Ukraine for business for one week, then back in the US.

January 22nd 2018 Irina  traveled to Ukraine for business again for 3 weeks

March 24th Irina and Frank legally married.

What happened to Bob?

 

No K1 because they are already married. 

 

She can either adjust status from inside the USA (means she must remain here) or be petitioned for a spousal visa

[gregoryagu 31]

2 minutes ago, payxibka said:

No K1 because they are already married. 

 

She can either adjust status from inside the USA (means she must remain here) or be petitioned for a spousal visa

Correct, no K1 because they are now Married.  So they are now doing the Ajustment of Status for her.  My concern is the fact that she left the country twice after the engagement, before they got married.  This is proof that she committed Visa fraud, as obviously they were planning on getting married on a Business Visa.

[Marieke H 2,519]

They have an interview coming up, so I am assuming they filed for AOS. What did she say when she entered the US on her business visa? Was she actually here for business? Or did she just use her business visa to get into the US to marry Bob/Frank? If she misrepresented the purpose of her visit, that might cause problems. 

[gregoryagu 31]

Just now, MariekeH said:

They have an interview coming up, so I am assuming they filed for AOS. What did she say when she entered the US on her business visa? Was she actually here for business? Or did she just use her business visa to get into the US to marry Bob/Frank? If she misrepresented the purpose of her visit, that might cause problems. 

Yes, they field for an AOS.  She said that she was entering the US to study her religion which they were ok with.  But yes, it was a misrepresentation, because she was already engaged, so clearly she intended to get married.

[Marieke H 2,519]

4 minutes ago, gregoryagu said:

Yes, they field for an AOS.  She said that she was entering the US to study her religion which they were ok with.  But yes, it was a misrepresentation, because she was already engaged, so clearly she intended to get married.

I doubt they would let her in to study on a business visa...

Maybe she should create her own profile here to ask for advice. She'll probably be better able to answer questions about the details. 

[gregoryagu 31]

4 minutes ago, MariekeH said:

I doubt they would let her in to study on a business visa...

Maybe she should create her own profile here to ask for advice. She'll probably be better able to answer questions about the details. 

I tried to get her to come here, but she preferred I ask for her.  In any case, to complicate the picture, they DID have an issue with her Visa and it was cancelled on 17 February, but she was already back in the US at that point. She said that no reason for the cancellation was given - it was sent to her Lawyer in the Ukraine.

Edited April 14, 2019 by gregoryagu

[geowrian 22,337]

If she entered with intent to stay and/or made misrepresentations to CBP,, then that would be fraud.

In practical terms, intent was determined at POE. AOS will not be denied due to intent at this point.

[gregoryagu 31]

3 minutes ago, geowrian said:

If she entered with intent to stay and/or made misrepresentations to CBP,, then that would be fraud.

In practical terms, intent was determined at POE. AOS will not be denied due to intent at this point.

How can you be sure AOS would not be denied when clearly she DID make misrepentation to CBP?  It just seems to me to be fairly obvious that it was misrepresentation if she states that they were engaged.

[geowrian 22,337]

2 minutes ago, gregoryagu said:

How can you be sure AOS would not be denied when clearly she DID make misrepentation to CBP?  It just seems to me to be fairly obvious that it was misrepresentation if she states that they were engaged.

Matter of Battista and Matter of Cavazos

[millefleur 5,047]

**Moved from K-1 Fiance(e) Visa Process & Procedures to Adjustment of Status (Green Card) from K1 and K3 Family Based Visas; question concerns travel during AOS from a K-1**

[payxibka 10,045]

47 minutes ago, gregoryagu said:

I tried to get her to come here, but she preferred I ask for her.  In any case, to complicate the picture, they DID have an issue with her Visa and it was cancelled on 17 February, but she was already back in the US at that point. She said that no reason for the cancellation was given - it was sent to her Lawyer in the Ukraine.

Intent is determined at the border.   If she was allowed in,  she is in.

 

Just for clarification,  there is no restrictions to getting married on a "b" Visa.  

[gregoryagu 31]

Alright, well, thank you all so much for the Info about this.