Marrying a Green Card Holder with B1/B2 Visa Holder within U.S.A

Swoon Creative

New Member
Hello guys,

I've been reading a lot about this after I got married with my currently husband. Before posting my story, I want you to know a few things:

1) My husband is currently in the Dominican Republic(DR) studying in a University with a Federal Loan.
2) We got married in NYC because in the DR it is not allowed same-sex marriage. So that was the only option he thought of.
3) I am currently in the DR after we got married. We just stayed for 8 days in NYC.
4) He will be coming back and forth to DR because of his study. He will be coming going back to USA to keep his green card before 6 months. So he will be traveling 2 or 3 days a year.

So here's my story and then my questions:

We traveled to USA to visit NYC and Washington D.C with my family. On the first day, he proposed me to get marry with him and to get our license to get marry in NYC. I accepted and we applied for our license. Then we had to wait 24 hours hours to the ceremony to take place, and we did. He invited some friends of ours over and I loved that moment.

We left the country after 8 days of being there since I work as freelance in DR from home and he has to deal with some paperwork from the University. I have read about 30/60/90 rule and it is not clear on other threads if it is applies if you are OUTSIDE of USA, I mean applying outside USA.

I do not want to apply right now for the I-130, but we want to do it after we cover up the 3-4 months of leaving USA, because seriously, migrate is just a second option, I love my country and business for me is going extremely good here. But we want to have a it as our second plan. So, we will be applying for the I-130 after 4 months of celebrating our marriage. I know it takes 2-3 years for my country to get a resident permit to live in USA so that's why we want to apply this year. So when he finishes college I will receive by then my green card (if approved) and we can live here or there, just depends of our opportunities in the DR.

I know he has to leave DR before 6 months to keep his green card and then come back and continue his studies, and then go again back to USA before he reaches his 6 months of being out of United States. My sister used this and it was not problem at the port-of-entry in any airport and she traveled for more years (like 4 years doing that practices just to not lose her green card).

I want to be with him every time he needs to travel back to United States, but as I read on others thread CPB can question me and ask me for documents to proof I will get back to my home country as I said (this will happen AFTER I file I-130). So here are my questions:

1) Is it considered as a visa fraud?
2) Will CPB will start asking me for papers every time I come back to United States to visit?
3) What kind of documents should I present to CPB to proof I won't be staying in USA?
4) Could they deny my visa until my green card is issued?

I do not want to lose my visa just because of this, and of course as I said, I have my husband studying in the DR, so I do not know if I have to tell them that if they start asking me.

Any help would be highly appreciated. Thank you in advance.

Best regards,

R.M.
 

newacct

Well-Known Member
1. No. Visa fraud is if you get a visa to visit and use it to immigrate during that entry or during entries on this visa. You intend to go and return. That is exactly consistent with your visa.
2. Not sure what you mean by "asking you for papers". They will ask you the same things they usually ask you, and possibly be more strict.
3. It's hard to say. Anything that establishes your ties to your home or work or things you must return to finish
4. They might possibly deny if you apply for a visa. But it sounds like you already have a visa. The only thing that could potentially be denied then is entry.

If you want to immigrate quickly, you want to have I-130 filed as soon as possible to start the wait. I don't understand why you're waiting. It makes no sense. You refer to sometimes people doing AOS in the US wait a while between entry and AOS to lessen suspicion of lying upon entry because people entering on tourist visas are supposed to not intend to immigrate during that trip. You didn't immigrate during your trip; you left as planned.
 
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