Need advice for my fiancee please

T

tigerlibra

New Member
Need advice for my fiancee regarding travel plans prior to marriage

Would greatly appreciate some advice regarding my fiancee.

She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in her home country, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

I understand that a B1-B2 visa does not allow "Dual Intent", and would not want to compromise her ability to enter the country.

Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

Any suggestions or advice would be greatly appreciated. Thank you.
 
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In my opinion, she was very, very, very lucky to get admitted to the states so many times in such a short time for a such a long periods.

The problem is that if you marry her right the way, she will have to convince the interviewing officer that at the time she entered the US she had no intention to stay in the US. In other words, she was not laying the the Border agent. That means that you need to allow some time for the "natural process". It takes some time to date, to fall in love and be engaged and get married. And that all is suppose to happen after she has arrived the last time in the US. Then ofcourse filling the papers and waiting for Advanced parol so she can travel will take another time.

If she needs to cross the border again, she most likely will be denied, unless she comes on a fiance visa.
 
Why don't you just travel by yourself, do your thing and come back. I am sure you know her for a while so collect all the proofs, pictures and stuff so it shows that your marriage is bonafide.
Good Luck!
 
Las Vegas man! tell no One just do it- as back up. Yeah she is lucky to be able to enter so much and not be questioned. It sounds risky this one time she might just get stopped and refused entry. Then its going to be a nightmare of paperwork procedure.
 
I think your case is going to get complicated. You fiancee is claiming that you are the financial guarantor for her visa, did she also tell Consular officials that she is also your woman? You and her in a romantic relationship, which will be sealed by marriage. In her last interview, she told US officials that she does work for you back home, NOT that she is engaged to be married to you. In my view, this is concealing a material fact, I am certain that had she told them you and her in a relationship (not her financial guarantor), her visa renewal would have been denied. Lastly, she is practically living 1/2 a year in the US using a tourist visa, a risky move in my view.

Whatever the lawyer advise, ignore it and file for her via consular processing. If this case gets complicated, you will be out a whole lot of money, plus you might require the services of that lawyer.
 
If she attempts the I-130/I-485 route on this trip, she faces potential big trouble in the green card process because she didn't reveal in the visa application that she has a US citizen fiance. So aside from the immigrant intent issue, her green card could be denied for trying to circumvent the immigration laws by hiding a required material fact.

If you don't want to risk that quagmire, apply for a K1 visa, which should be approved in a few months, and then have her return to the US with it to marry you and complete the green card process. Or get married and then file I-130 with the consular processing option.
 
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