Apply for AOS while wife is in US on B-2?

[james876 0]

I am a US citizen with a foreign fiance who currently holds a valid B-2 visa. It appears through what I've read, including the USCIS' website, that once we are married, which will take place outside the US, we should be able to do an adjustment of status for her while on a visit to the US. The purpose of which, to secure her an IR1/CR1. My only concern is that I've found a couple info sources that state entry into the US on a B-2 visa with the intent of later petitioning for AOS would be visa fraud. This asserts the alleged fraud is due to the reason given to the customs official for entry was something related to tourism or temporary visit, and therefore with intention to exit the US before your stay allowance expires. The ultimate result would be that during the processing in route to an IR1/CR1 a USCIS official conducting an interview would discover this 'deception' and you would be liable for the consequences.

 

1. Is this actually a valid concern we are likely to encounter?

2. Would it be preferable to get legally married within the US (prior to foreign ceremony and legal marriage), and immediately file I-485, I-130, and I-131 (in order to travel a couple months later abroad for the ceremony)?

 

Thanks for your advice in advance.

Edited February 5, 2020 by james876

[Iscir 295]

Both of your plans are fraud. Your fiancé can’t go to the US on a tourist visa with the intent to stay. She says that to the CBP officer (She can’t lie) and she will be sent back to her country. Your options are either file for a Fiancé visa (K1), or marry anywhere, either inside or outside the US, and then file for the CR1. If you marry in the US, then she has to go back to her country and wait until the CR1 process is finished for her to move to the US. She can visit during the process of both visas.