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Caitlin93

Marriage on B1 visa and interview

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Hello
My wife has been coming to see me on tourist visa before we got married. She never overstayed. At one point we decided that we're going to start the adjustment of status process instead of applying for K-1 visa so that we can wait for the decision while she's here with me. I understand that this was not the best idea from a legal point of view because of the whole 30/60 rule and preconveived intent.

We started to process long after 60 days but the preconceived intent was still there. We wrote up an elaborate story to conceal the fact that we had intimate relations prior to her coming here on the tourist visa and that our idea to marry was spontaneous rather than planned out in advance. We just found out our interview has been scheduled and my wife is worried that we may slip up in some way while explaining ourselves.

The thing is, she met a girl at schol who was in the same situation and she was not worried at all. She did not try to conceal the fact that she came here to marry on tourist visa and she has received her green card without issues. It keeps me wondering if our elaborate story is worth sticking to at all. Wouldn't it be better to be just straight up with the interviewer? Has anyone here been in a similar sitaution?

Thanks.

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2 minutes ago, Caitlin93 said:

30/60 rule

That is a not a issue.

 

3 minutes ago, Caitlin93 said:

We wrote up an elaborate story to conceal the fact that we had intimate relations prior to her coming here on the tourist visa and that our idea to marry was spontaneous rather than planned out in advance.

So you already lied?   Not wise.  Extremely bad idea.

 

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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12 minutes ago, Paul & Mary said:

That is a not a issue.

Do you care to elaborate if there's any other issue here besides the preconceived intent?

 

13 minutes ago, Paul & Mary said:

So you already lied?   Not wise.  Extremely bad idea.

You don't understand. We're trying to figure out the best course of action here. Let me set this straight. My wife has been coming here on a tourist visa multiple times. This time around we decided to get married in United States instead of applying for K-1 and waiting for it to be resolved. All the lies she told was at the consulate saying that she's visiting a friend. Obviously we've been together before she applied for a visa. So she wasn't visiting me as a friend but rather a boyfriend. I just don't know if I should tell them the truth at the interview or if I should try to conceal the fact we've been together before she applied for a visa.

We are about to lie big time and I'm asking for advice if it's worth our time at all

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16 minutes ago, Caitlin93 said:

 

Do you care to elaborate if there's any other issue here besides the preconceived intent?

 

You don't understand. We're trying to figure out the best course of action here. Let me set this straight. My wife has been coming here on a tourist visa multiple times. This time around we decided to get married in United States instead of applying for K-1 and waiting for it to be resolved. All the lies she told was at the consulate saying that she's visiting a friend. Obviously we've been together before she applied for a visa. So she wasn't visiting me as a friend but rather a boyfriend. I just don't know if I should tell them the truth at the interview or if I should try to conceal the fact we've been together before she applied for a visa.

We are about to lie big time and I'm asking for advice if it's worth our time at all

No one here advocates lying. It's fraud. 

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17 minutes ago, Caitlin93 said:

 

Do you care to elaborate if there's any other issue here besides the preconceived intent?

 

You don't understand. We're trying to figure out the best course of action here. Let me set this straight. My wife has been coming here on a tourist visa multiple times. This time around we decided to get married in United States instead of applying for K-1 and waiting for it to be resolved. All the lies she told was at the consulate saying that she's visiting a friend. Obviously we've been together before she applied for a visa. So she wasn't visiting me as a friend but rather a boyfriend. I just don't know if I should tell them the truth at the interview or if I should try to conceal the fact we've been together before she applied for a visa.

We are about to lie big time and I'm asking for advice if it's worth our time at all

You should always answer any questions asked by a CO, or IO truthfully.  That being said, you do not have to offer any additional information and what you stated in your first post seemed like you were trying to hide something.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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3 minutes ago, SuznAaron said:

No one here advocates lying. It's fraud. 

Understood. Has anyone here been in a similar situation then and if so, what was their course of action?

 

2 minutes ago, Bill & Katya said:

You should always answer any questions asked by a CO, or IO truthfully.  That being said, you do not have to offer any additional information and what you stated in your first post seemed like you were trying to hide something.

That's what I'm inclined to do. I'm only afraid they could deny her on the principle of preconceived intent. From what I've read about the interview, their questions can be pretty specific and if I tell them that we met on an online dating site and that's how we hit it off they will figure out we were dating the entire time.

Like hide what? That our marriage is not bona fide?

I'm not beating around the bush here. I'm trying to be straight up with you that I wanted to save time on the entire process of applying for a K-1 visa by doing the adjustment of status.

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49 minutes ago, Caitlin93 said:

30/60 rule and preconveived intent.

30/60 is a DOS Rule not a USCIS Rule.  Did she obtain the B2 VISA with the intent to marry you?

 

As for the Student, she entered on a F1 Student Visa and as long as she declared school as her intended purpose at POE she is fine to marry and AOS.  If the got the student visa with the intent to marry, that is fraud.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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1 minute ago, Caitlin93 said:

I'm trying to be straight up with you that I wanted to save time on the entire process of applying for a K-1 visa by doing the adjustment of status.

Oh boy, That is fraud.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Posted (edited)
13 minutes ago, Paul & Mary said:

Oh boy, That is fraud.

Fraud it is. I guess I'm gonna commit more fraud just to be on the safe side.

I shouldn't have turned to this community for advice. My time will be better spent talking to an attorney.

Paul & Mary life is not so cut and dry as you see it. Maybe you just never were young and in love and can't relate

Edited by Caitlin93
spell

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2 minutes ago, Caitlin93 said:

Fraud it is. I guess I'm gonna commit more fraud just to be on the safe side.

I shouldn't have turned to this community for advice. My time will be better spent talking to an attorney.

Paul & Mary life is not so cut and dry as you see it. Maybe you just never were young an in love and can't relate

Just keep in mind that USCIS monitors communities like these, and we also have terms of service which state no one will advocate lying or fraud.  If you find a lawyer that supports your scheme, good luck, but what you are proposing seems very much like fraud.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Posted (edited)
6 minutes ago, Caitlin93 said:

My time will be better spent talking to an attorney

Best thing you said so far.  Good luck.

Edited by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Posted (edited)

***Thread closed to additional discussion under the below quoted provision of the TOS; draconian Administrative Action taken.***

 

VJ Terms of Service said:

By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.
Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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