Jump to content
Sign in to follow this  
james876

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

2 posts in this topic

Recommended Posts

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 by james876

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Chile
Timeline

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. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...