B2 Adjustment of Status

[Danny84 5]

Hello,

 

I have been dating my girlfriend from méxico for almost 2 years now and she is costing on a tourist visa. We don’t want to do long distance anymore and i am thinking of preposing. how risky is doing adjustment of status. also is there still the 90 day rule ? what if her b2 is only good for 90 days. i just watched a video saying how risky this process is and k1 or cr1 is the best way to go. any advise would be appreciated.

[OldUser 5,096]

Adjustment of status is painful in a sense that she would not be able to work for a year or so and would not be able to leave the US for year and a half or two. 

If you went CR1 visa route, once she enters the US, she's a green card holder with all the rights. Though it's also not a quick process.

Edited January 31, 2023 by OldUser

[Danny84 5]

1 minute ago, OldUser said:

Adjustment of status is painful in a sense that she would not be able to work for a year or so and would not be able to leave the US for year and a half or two. 

If you went CR1 visa route, once she enters the US, she's a green card holder with all the rights. Though it's also not a quick process.

thank you. yes it still would be a longer wait for cr1. i guess my question is  still how risky is it and how do you avoid the 90 day rule if her visa is only good for 90 days? thanks!

[OldUser 5,096]

4 minutes ago, Danny84 said:

thank you. yes it still would be a longer wait for cr1. i guess my question is  still how risky is it and how do you avoid the 90 day rule if her visa is only good for 90 days? thanks!

CR1 may be faster than Adjustment of Status in the end.

 

How risky depends how geniuine your relationship is, how much evidence of it you have and whether you planned AOS ahead of her coming to the US (e.g. immigrant intent).

 

Remember, you also need to marry her ASAP if you go this route.

 

She cannot adjust earlier than 60 days from her last entry. USCIS would presume she had an immigrant intent.

 

Don't underestimate the costs of adjusting and her inability to work and travel abroad.

 

Good luck!

Edited January 31, 2023 by OldUser

[SalishSea 16,903]

1 hour ago, Danny84 said:

Hello,

 

I have been dating my girlfriend from méxico for almost 2 years now and she is costing on a tourist visa. We don’t want to do long distance anymore and i am thinking of preposing. how risky is doing adjustment of status. also is there still the 90 day rule ? what if her b2 is only good for 90 days. i just watched a video saying how risky this process is and k1 or cr1 is the best way to go. any advise would be appreciated.

It is immigration fraud for her to enter the US with the intent to stay and adjust status.

 

You need to petition her for an immigrant visa.

[Unlockable 7,306]

5 hours ago, Danny84 said:

thank you. yes it still would be a longer wait for cr1. i guess my question is  still how risky is it and how do you avoid the 90 day rule if her visa is only good for 90 days? thanks!

It is very risky because it is fraud. If your partner is not in America already then you can not plan to have he or she come on a tourist visa to adjust status.

[Unlockable 7,306]

5 hours ago, Danny84 said:

thank you. yes it still would be a longer wait for cr1. i guess my question is  still how risky is it and how do you avoid the 90 day rule if her visa is only good for 90 days? thanks!

 

5 hours ago, OldUser said:

CR1 may be faster than Adjustment of Status in the end.

 

How risky depends how geniuine your relationship is, how much evidence of it you have and whether you planned AOS ahead of her coming to the US (e.g. immigrant intent).

 

Remember, you also need to marry her ASAP if you go this route.

 

She cannot adjust earlier than 60 days from her last entry. USCIS would presume she had an immigrant intent.

 

Don't underestimate the costs of adjusting and her inability to work and travel abroad.

 

Good luck!

Reminder, it is against the site's TOS to discuss fraudulent activity in this forum. The OP stated that their partner is not currently in the US and is planning on visiting soon. This does not qualify for adjustment of status. Visajourney does not condone doing things fraudlently.

 

VJ Moderation

[JohnnyForeigner 34]

1 hour ago, Unlockable said:

 

Reminder, it is against the site's TOS to discuss fraudulent activity in this forum. The OP stated that their partner is not currently in the US and is planning on visiting soon. This does not qualify for adjustment of status. Visajourney does not condone doing things fraudlently.

 

VJ Moderation

In fairness to op - if the girlfriend is not aware of op intent to propose ( surprise ) she will not be entering with intent.

[Danny84 5]

1 hour ago, Unlockable said:

 

Reminder, it is against the site's TOS to discuss fraudulent activity in this forum. The OP stated that their partner is not currently in the US and is planning on visiting soon. This does not qualify for adjustment of status. Visajourney does not condone doing things fraudlently.

 

VJ Moderation

if you read the question it isn’t fraud because it would be a surprise. she is here visiting and has no intent on staying. i’m thinking of preposing. please be sure to read the the question before assuming fraudulent activity. i’m just curious how risky it is because of the assuming as you did. she came to visit with no intent to stay but i’m thinking of asking her to marry me.

[Danny84 5]

2 hours ago, Unlockable said:

It is very risky because it is fraud. If your partner is not in America already then you can not plan to have he or she come on a tourist visa to adjust status.

please read the list before responding.she is here and doesn’t know that i’m thinking of preposing.

[Daphne . 1,709]

1 hour ago, Danny84 said:

please read the list before responding.she is here and doesn’t know that i’m thinking of preposing.

Just be mindful of what the consequences for her would be if you would go ahead with getting married and adjusting status. I understand that you don't want to be apart and you both would probably think it is wonderful, but she would be put in a very challenging position. She came to the US with the intention of a visit, and then all of a sudden won't be able to leave the US for many months, she might miss important life events (weddings, funerals, sick relatives or friends) and if she gets homesick, she won't be able to go 'back home' for a while. She'll not be able to work, would be completely dependent on you financially (unless she has savings).

 

Maybe the surprise of all of this is not a pleasant surprise for her.. You also mention she is "coming: on a tourist visa, so this is probably why people assumed that she is not in the US yet.

Edited January 31, 2023 by Daphne .

[Unlockable 7,306]

2 hours ago, Danny84 said:

please read the list before responding.she is here and doesn’t know that i’m thinking of preposing.

OK. If she is here then you can proceed to AOS. However your first sentence in your first post was confusing. Possibly due to a typo?

 

Also when you said this...

Quote

what if her b2 is only good for 90 days.

it makes it seem as if she is not in the US because she should already be aware of how much time she has in the US if she has gone through customs or she can check her duration of stay via her I-94.

 

 

2 hours ago, JohnnyForeigner said:

In fairness to op - if the girlfriend is not aware of op intent to propose ( surprise ) she will not be entering with intent.

Still not allowed in this forum. Doesn't matter who is planning or if they are using the the plausible deniability tactic. Do not discuss fraudulent activity on this site.. period!

Edited January 31, 2023 by Unlockable

[Redro 4,602]

5 hours ago, Danny84 said:

if you read the question it isn’t fraud because it would be a surprise. she is here visiting and has no intent on staying. i’m thinking of preposing. please be sure to read the the question before assuming fraudulent activity. i’m just curious how risky it is because of the assuming as you did. she came to visit with no intent to stay but i’m thinking of asking her to marry me.

Do you think it is fair to spring a surprise like this on your life partner? 
ask her to stay in the US without a job (and depending on the state) no drivers license or any type of independence for up to THIRTEEN MONTHS? (One poster on the forum has still not received the ability to work while goi g through AOS process and at about month 8 they were thinking of going home.) 

If you want a successful relationship, you should discuss your plans for the next 1-3 years and not spring surprises on them.

 

Propose and then discuss if you want to got the K1 or CR1 route. 
Don’t propose and expect your partner to not return to her life in Mexico for 2-3 years. 

[OldUser 5,096]

4 minutes ago, ROK2USA said:

Don’t propose and expect your partner to not return to her life in Mexico for 2-3 years. 

This should be inscribed in a stone with golden letters.

[SalishSea 16,903]

6 hours ago, Danny84 said:

if you read the question it isn’t fraud because it would be a surprise. she is here visiting and has no intent on staying. i’m thinking of preposing. please be sure to read the the question before assuming fraudulent activity. i’m just curious how risky it is because of the assuming as you did. she came to visit with no intent to stay but i’m thinking of asking her to marry me.

YOU are planning to bring someone over on a nonimmigrant visa and then have her stay and adjust status.   THAT is FRAUD.