GC holder marrying B1- citizenship- timeline

[kaashi]

Hi,
I have a Green Card for the last 4 yrs. I'll apply for citizenship this Oct. The potential bride has a 10 yr multiple entry visa. So far the plan is that I marry her in India, religious ceremony, she could visit here for 5-6 months, and go back before the I-94 limit. She could stay for 1-3 months before visiting here again. We could do this a couple of times before I get my citizenship papers, hopefully by next Fall. Then I could officially marry her here (around Nov 2010) while she is visiting, and I could file for her status through me. (I don't mind if she has to go back before her I-94 limit expires.) And she could finally be permanent here a yr after I file her papers.

Question: Does the plan seem ok? Is there a faster way to pull this off, to make her permanent here, so people can live together?

Can I marry her and file for her papers when I file my Citizenship papers so I can cut that extra yr of waiting time? Or should I file for her papers only after I have my own citizenship papers in hand?

Thanks so much for all our help. I really do appreciate it.
akash

[TheRealCanadian]

Originally Posted by kaashi

So far the plan is that I marry her in India, religious ceremony, she could visit here for 5-6 months, and go back before the I-94 limit.

What does she plan on describing the purpose of her visit as?

Can I marry her and file for her papers when I file my Citizenship papers so I can cut that extra yr of waiting time? Or should I file for her papers only after I have my own citizenship papers in hand?

No. You're a citizen or you aren't.

[Jackolantern]

Originally Posted by kaashi

Then I could officially marry her here (around Nov 2010) while she is visiting, and I could file for her status through me.

Just note that if they realize she is planning to marry you, they probably will refuse her entry to the US.

(I don't mind if she has to go back before her I-94 limit expires.)

Good. Better to specify consular processing on the I-130 and have her go back before the I-94 expires, rather than try to file I-485 after she entered with a tourist visa.

[Triple Citizen]

This in itself is a risky idea. The risk doubles when the visitor has a spouse with PR status.

Originally Posted by kaashi

she could visit here for 5-6 months, and go back before the I-94 limit. She could stay for 1-3 months before visiting here again.

[kaashi]

Thank you guys. The girl has an uncle and his family whom she visits in New Jersey. She'll describe that as a purpose of her visit when she comes in April 09. I'll meet her here in CT/NJ. We can talk and plan out how things should be done in the proper manner, legally.

I'll file for my citizenship in Oct 09. She can visit her uncle again early next year. I hope she'll be allowed to visit again in Fall 2010, after I have my citizenship, and may be we can marry then and file for her papers (I-130 ? and may be even I-485 if allowed to change status). I don't mind if she has to leave before the I-94 expires (may be in Spring 2011). Then, finally, I hope she is allowed to get back in, Oct/Nov 2011, based on our filing UNLESS she's allowed to stay here once I have become a citizen, married her and filed her I-130 and I-485.

I'd just like this thing to end, this has been dragging for years. Thanks for always being there.

akash

[Jackolantern]

Originally Posted by kaashi

Then, finally, I hope she is allowed to get back in, Oct/Nov 2011, based on our filing UNLESS she's allowed to stay here once I have become a citizen, married her and filed her I-130 and I-485.

USCIS does not consider it acceptable to enter the US with a B1/B2 visa with the intent to immigrate and exercise that intent. But they can only evaluate intent based on actions. If the sequence of actions before and following the B1/B2 entry leads USCIS to conclude that the person already had the intent to immigrate when entering the US with the B1/B2 visa, the I-485 can be denied for misrepresentation of intent. Generally they look at one's actions in the 90 days following entry; within that 90 days, the sooner that certain activities are done (e.g. filing I-485, getting married), the more likely they will believe the immigrant intent was already present on the date of entry and deny the I-485. But filing I-130 and then having her leave the US before the I-94 expires to wait for consular processing would avoid those issues of intent altogether.

[namedude]

Keep in mind that you can always do it the right way just like a good person for INS. You could tell your wife to sat to IO the real purpose of the visit. There would be very good likelyhood of having her put in handcuffs, put into detention to await the next flight back home.

But this way deep in your heart you would say I played by the rules. Got my wife traumatized but still played by the rules.

Also remember that IOs are kind of sniffy. When my wife was entering they were trying to sniff her out but she did not play by the rules and did not let them to sniff too much. So se got to stay and everything turned out ok. The silly thing is that rules that don't make sense are simply broken.

[namedude]

Also a good way is to consult a good lawyer. But I doubt he will shed more light then this group.

I would also try to avoid frequent B visits. Because the INS might start sniffing.

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I am not a lawyer and I do not provide legal advice.

[kaashi]

Thanks guys for your help. Probably come to you again when things develop some more. If there's anything else I might need to know, I am all ears.

After such a long wait, certainly plan on doing things the right way. And it's for the next 50 yrs, going back after filing I-130, before the I-94 expires, is worth the payoff.

[namedude]

I read about a dude who did it right. Now he is divorced. It was hard to get through being on 2 different continents. The spouse could not visit him. He would sometimes go to visit her but what kind of a relationship it is if this goes on for say 5 years time......

But hey - now he is a US citizen. So he is all jolly.

He can now vote also - wow! And he can say that he did it right! He is grateful to INS that they gave him citizenship and he thinks it was worth doing it right!

Then I have another friend. He couldn't care less about what is right and what is wrong. He felt he wanted to be with his wife period. So she came over on F-1, never disclosed that she is married. And boom. Now he is a US citizen and they had to give her GC. They even asked her why she did not disclose this fact - she said oppps. She was even legal although in the end they even let her status lapse.

But this is not doing it right. Wrong thing. So what that the couple who did not do it right get to be together now. This does not mean a thing. The main thing is to do it right even if that costs you your relationship, even if it means not seeing your son or daughter. And remember DO IT RIGHT!!!! Because INS loves you and cares for you. Don't you feel this love when you enter the US? The inspector that smiles? This is the real care for you.

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I am not a lawyer and this is not legal advice.

[Richmedia]

Hi

I have a question here. I plan to come to the US on a B1/B2 & do a COS to F1 & also would like to get married in the US, to my fiance who is a GC holder whether or not the COS comes through (due to family reasons). Are there any complications/consequences to this in the long/short term. If any please advice because then we can get married & not get registered.

[Richmedia]

also forgot to mention, if we get married in church, will it get registered & is this info accessible to INS. Also, is there is a way to get married & not have it registered?

(my fear here is that, what if the COS doesnt come through n I have to go back to India n they find out that we were married while I was on a b1/b2, will that affect in the long run, later when I come enter once he becomes a citizen in 5 yrs..)

[Jackolantern]

B2 -> F1 can be a problem; if at the port of entry they know you already have plans to change to F1, they'll refuse entry and tell you to go back to your home country and apply for an F1. If you already know you want an F1 visa, apply for it directly at the consulate instead of applying for a change of status. It will also be quicker that way, because if you apply for the COS too soon after arrival with the B2 it is likely to be rejected, and the COS itself takes a number of months to be approved. Whereas if you apply for an F1 at the consulate, you'll usually know the same day or within 2-3 days whether it is approved.

[Jackolantern]

Originally Posted by Richmedia

also forgot to mention, if we get married in church, will it get registered & is this info accessible to INS. Also, is there is a way to get married & not have it registered?

You mean get married in the US without it being registered? Don't apply for a marriage license, and don't sign any marriage paperwork, so it won't be a legally registered marriage. And make sure you don't claim to be married on any other government or employment paperwork.

But if you're referring to a marriage outside the US, in some countries the religious official can directly register the marriage without you getting a marriage license or other formalities. Some people think their marriages weren't registered, but the religious official who performed the ceremony registered it for them.

(my fear here is that, what if the COS doesnt come through n I have to go back to India n they find out that we were married while I was on a b1/b2, will that affect in the long run, later when I come enter once he becomes a citizen in 5 yrs..)

No, there is no penalty just for getting married on a B1/B2, if you leave the US before your I-94 expires. But the marriage may prevent you from obtaining an F1 visa, so make sure to secure the F1 visa before getting married. If the COS is denied, you'll be able to return to the US with a K-3 visa or immigrant visa obtained via consular processing, after your spouse becomes a USC.

[TheRealCanadian]

Originally Posted by Jackolantern

B2 -> F1 can be a problem; if at the port of entry they know you already have plans to change to F1, they'll refuse entry and tell you to go back to your home country and apply for an F1.

You cannot do a COS from B to F unless you declare this intention at the POE and the I-94 is annotated. There were too many people with a B using that in place of an F visa and then doing the COS, so after 9/11 they closed that down.