Question about Change to Status on Visit Visa

H

hayyan

New Member
I have looked around little bit and haven't found any answers, I am sure this question might have asked before, please pardon me if it is a repeat question and guide me to the right place.

Q. I am fiancee is NL citizen and doesn't require any visit visa to come to USA. She has been here few times, we are planing our wedding soon. I know you could apply for finance visa but that could take some time and I really don't want to wait, is it possible she comes on Visit Visa and then I can apply for her ( Change of Status etc) without having issues, is there a time frame window I should be concerned. Lets say she comes in June 16th and we get married on 21st, will it cause any issues as according to Visit visa the intend was to visit. The Dilemma is that wedding date has been set. Any advise or personal experiences would be highly appreciated.

Thanks

SamK
 
hayyan said:
Q. I am fiancee is NL citizen and doesn't require any visit visa to come to USA.
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NL = Netherlands?

She has been here few times, we are planing our wedding soon. I know you could apply for finance visa but ...
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I figure you meant the fiancee visa?

is it possible she comes on Visit Visa and then I can apply for her ( Change of Status etc) without having issues, is there a time frame window I should be concerned. Lets say she comes in June 16th and we get married on 21st, will it cause any issues as according to Visit visa the intend was to visit.
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Yes, you can expect issues.

If she applies for a visitor visa, the application form asks about having a fiance in the US. If she says YES, the visa will probably be refused. If she lies and says NO and the visa is issued, it looks suspicious if she gets married soon afterwards, and she could be charged with lying to an immigration official.

If she doesn't bother with the tourist visa, and uses the visa waiver instead, that would be risky. The visa waiver program has many restrictions, and the courts and USCIS are increasingly clamping down on people who use it as a conduit to immigrate. You might get lucky and they approve the green card without undue delay, but now it is common for them to put visa waiver cases on hold while they analyse the details and figure out what to do with the case. That could result in really long delays, and the end result might not be a good one, depending on the latest court ruling and how they interpret it.

So, unless you are prepared for the real possibility of an immigration nightmare, I'll suggest one of the following 2 options:

1. Explain to her and her family that US immigration is complicated and attempting to stay in the US for a green card after a June wedding is legally dangerous. Then apply for the fiancee visa, and she'll probably have the visa in 4-6 months.

or

2. Have her use the visa waiver to enter the US and get married in June as planned. As soon as you get married, you file I-130 for her and select a US consulate in NL for question 22. Then she stays in the US until near the end of the 90 days allowed by the visa waiver, and returns to NL. About 6-12 months after you filed the I-130 (which would be about 3-9 months after she leaves the US), she'll interview for the green card at the US consulate (you don't need to be there), and once approved at the consulate she'll be able to enter the US as a permanent resident. With this option, the visa waiver clampdown will not affect her, since by interviewing for the green card outside the US she wouldn't be using using the visa waiver to directly immigrate.
 
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Thanks for the reply, She doesn't require to apply for the visit visa to come to US, she is Dutch national and can enter USA. Can we still get married and she stays here for time she has on I-94 and then I simply apply for I-130 for her back in Netherland? Will that be a good option.

Thanks

SMK
 
hayyan said:
Thanks for the reply, She doesn't require to apply for the visit visa to come to US, she is Dutch national and can enter USA. Can we still get married and she stays here for time she has on I-94 and then I simply apply for I-130 for her back in Netherland? Will that be a good option.
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Yes, that is option #2 as I described above. Once married, you can and should file the I-130 while she is still in the US, to get a headstart on the processing so she'll have a shorter wait outside the US. Don't file I-485, since that is meant for those who stay inside the US to complete the process.
 
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