visa fraud implications and sponsoring my wife

[daniyatom]

Hi. I was wondering if some of the experts here can chime in on my situation. I am at present an LPR and I am able to file for my naturalization in 3/4 more months.

That said, I am in quandry. I plan to get married in late May (marriage will be registered overseas). To save time on my wife's GC, I plan to naturalize and then file for her green card (either do an AOS, file for a fiance visa or file an immigrant petition for her). I am worried because she plans to visit me in January/Feb 2012 on a tourist visa. I am little concerned because the tourist visa is issued to those who has the intent to visit temporarily, and therefore my wife may be perceived as committing visa fraud, and how that will relate to my future petition on a GC for her.

Also since the marriage will be registered oversseas, can I do the following:

1) Get her to come to the US on her toursit visa, register for the marriage in the US and then apply under AOS for her. Please note that she will be married to me, with the marriage registered overseas, before her trip to the US. Please comment on the implications of visa fraud here, if any.

2) File for a fiancee visa for her. Please note that she will be married to me, with the marriage registered overseas, before her trip to the US. Please comment on the implications of visa fraud here, if any.

Thanks guys

 

[induz_]

Instead of applying for her fiance visa or tourist visa, why not just apply for spouse visa. You get married in May and she plans to come here early next year. You will have plenty time to get the K-3 visa approved by then. And she will get a green card as soon as she arrives at the US.

 

[Jackolantern]

2) File for a fiancee visa for her. Please note that she will be married to me, with the marriage registered overseas, before her trip to the US. Please comment on the implications of visa fraud here, if any.

Married people are disqualified from obtaining the fiancee visa. Getting married abroad and then pretending to not be married in order to get the fiancee visa would be serious fraud.

I am worried because she plans to visit me in January/Feb 2012 on a tourist visa.

Since the plan is for her to be in the US in early 2012, file an I-130 with the consular processing option after you get married in May. Then when you naturalize, upgrade the I-130 to reflect your citizenship status. If you don't have undue delays with your citizenship process, she should get a consular interview for an immigrant visa late this year or the first half of next year.

 

[daniyatom]

Thank you guys

Jackolantern - As a follow up to your note, does it matter if the visitors visa was obtained years ago? Its not like she is seeking a visitors visa from the embassy after getting married.

Also, for the layman out there, no one really knows the technical aspects of these visas. There are hundreds of cases where ppl have been turned back at the POE because of visa intent issues. That said, if you don't know the intent of the visitors visa, and you use it to enter the country (after getting married overseas) to see your spouse, how does the govt prove that you committed fraud? After all, for a fraud allegation/conviction, you have to knowing use the visa with the intent to deceive the government.

 

[Jackolantern]

Jackolantern - As a follow up to your note, does it matter if the visitors visa was obtained years ago? Its not like she is seeking a visitors visa from the embassy after getting married.

She can attempt to use the visa if she already has it, but she's risking being turned away at the POE. If you marry her before completing the naturalization process, you have to list her on your N-400. And if you file I-130 for her, that's another way they could know about the marriage.

Also, for the layman out there, no one really knows the technical aspects of these visas. There are hundreds of cases where ppl have been turned back at the POE because of visa intent issues. That said, if you don't know the intent of the visitors visa, and you use it to enter the country (after getting married overseas) to see your spouse, how does the govt prove that you committed fraud? After all, for a fraud allegation/conviction, you have to knowing use the visa with the intent to deceive the government.

USCIS doesn't fully agree with you. A visa is issued for a specific purpose, and if you violate that purpose there can be consequences, even if you didn't properly understand the purpose of the visa. Having said that, there is a difference between prosecuting for actual fraud, and simply denying an immigration benefit for misrepresentation or lack of qualification. If she doesn't tell a blatant lie at the POE, the worst case is likely nothing more than denial of the I-485.

In post #3 I've explained a plan for how she can obtain a green card by late 2011 or early 2012 without using a tourist visa as a stepping stone to immigrate. Are you or she opposed to that?

 

[daniyatom]

Jackolantern - TY for your response. What you had suggested will work but how is that compared with say getting a K3 and have her doing an AOS in the US? Please comment with respect to the time savings of any

 

[Jackolantern]

K3 takes almost the same length time as an immigrant visa to bring your spouse to the US. And if she enters the US with a K3, she still has to spend another 3-6 months in the AOS process to get a green card, whereas when entering with an immigrant visa she instantly becomes a permanent resident and the physical green card is automatically delivered 2-4 weeks after entry.

Another problem with K3 is that you can't file it when you only have a green card; you need to be a US citizen. But you can file the I-130 petition when you have a green card, and then upgrade it later when you become a citizen so it gets speeded up and forwarded to the consulate for her immigrant visa processing.

 

[daniyatom]

Hi Jack. Sorry to keep pondering on this issue.

We are planning for my wife to come over for a short vacation. She has a 10 year multiple entry tourist visa, and she has visited the US twice without violating her conditions of her stay. And she has a brother who lives in the US.

That said, and since she is now married to me (I am an LPR, and will file for my naturalization soon), will she get turned back at the POE due to intent issues. I mean our intent is for her to visit me for 3 weeks and then she will go back (she will only come here permanently once she has a green card of a spouse visa, and we will take care of that soon). I really don't want to waste money, and not to mention her sanity if she were to get detained and then asked to leave on the next flight.

And then there is also the question of what she has to say to the CBP officer when asked about the purpose of her visit. She has a brother here, and we are meeting up with him, so she can always say that she is here to see her bother (and not me because that may raise the issue of intent). I am asking because I don't want her statement to be considered fraudulent (which in my mind ridiculous because she will be a tourist but we know how stupid CBP offices can be) and there impact her AOS later on or impact her ability to get a spouse visa (K1?).

This should be a simple thing. She's here to visit me, and will be here for 3-4 weeks, and then she will go home. She's here as a tourist. But the CBP is messed up, and they may send her home on the next flight. Crappy really

Please advise.

Hi. I was wondering if some of the experts here can chime in on my situation. I am at present an LPR and I am able to file for my naturalization in 3/4 more months.

That said, I am in quandry. I plan to get married in late May (marriage will be registered overseas). To save time on my wife's GC, I plan to naturalize and then file for her green card (either do an AOS, file for a fiance visa or file an immigrant petition for her). I am worried because she plans to visit me in January/Feb 2012 on a tourist visa. I am little concerned because the tourist visa is issued to those who has the intent to visit temporarily, and therefore my wife may be perceived as committing visa fraud, and how that will relate to my future petition on a GC for her.

Also since the marriage will be registered oversseas, can I do the following:

1) Get her to come to the US on her toursit visa, register for the marriage in the US and then apply under AOS for her. Please note that she will be married to me, with the marriage registered overseas, before her trip to the US. Please comment on the implications of visa fraud here, if any.

2) File for a fiancee visa for her. Please note that she will be married to me, with the marriage registered overseas, before her trip to the US. Please comment on the implications of visa fraud here, if any.

Thanks guys

 

[Jackolantern]

That said, and since she is now married to me (I am an LPR, and will file for my naturalization soon), will she get turned back at the POE due to intent issues. I mean our intent is for her to visit me for 3 weeks and then she will go back (she will only come here permanently once she has a green card of a spouse visa, and we will take care of that soon). I really don't want to waste money, and not to mention her sanity if she were to get detained and then asked to leave on the next flight.

It's all a gamble now. If you haven't filed the I-130, they probably don't know about the marriage yet, and probably won't ask. But if they do, her fate depends on what they ask, how she answers, and how much they believe what she said.

And then there is also the question of what she has to say to the CBP officer when asked about the purpose of her visit. She has a brother here, and we are meeting up with him, so she can always say that she is here to see her bother (and not me because that may raise the issue of intent). I am asking because I don't want her statement to be considered fraudulent (which in my mind ridiculous because she will be a tourist but we know how stupid CBP offices can be) and there impact her AOS later on or impact her ability to get a spouse visa (K1?).

Unless you live far away from her destination, her statement that she's there to visit her brother (and not you) won't be credible when her file is reviewed for the green card interview. Do you expect them to believe a recently married woman visiting did NOT visit her husband? If you lived in Texas and she's visiting New York, yes that is believable. Or if her visit was very short like a weekend. But not if you live in the same state and she's visiting for weeks.

This should be a simple thing. She's here to visit me, and will be here for 3-4 weeks, and then she will go home. She's here as a tourist. But the CBP is messed up, and they may send her home on the next flight. Crappy really

Part of the blame lies with the many who enter with a tourist visa and then stay to apply for a green card. Many such people are on this forum. If so many of them weren't doing this, the people like your wife who genuinely wants to visit and return to her country wouldn't have such a problem.

Of course, part of the blame also lies with Congress. If they have a problem with it they should have simply banned filing for AOS after entering as a tourist.

 

[daniyatom]

Hi Jack. Thanks again for your response. I guess it’s a risk that I can take. There is a chance that she may get turned back at the POE, but I think she won’t if she answers things truthfully, brings a letter from her employer and explains that she’s here for a visit but she will go back because she has to support me as I am a student! Besides, she has demonstrated compliance with our immigration laws in the past. Anyways, I understand that there is a risk, so thank you for your note.

To Jack and others : I intend to file for an I-130 now and then upgrade it once I become a USC. That said I have the following questions:

1) Besides the I-130, what other forms do I need to file in order for her to get a GC? The I-485? What else?

2) (With respect to the I-130) Besides my marriage cert, what other proof (of a bone-fide marriage) do I need? The instructions (page 3 of the I-130 instructions) list joint bank accounts, joint leases or mortgages etc. But I don’t have these, because I just got married, just went for our honeymoon and then just rushed back here to the states for my summer internship. That said what kind of sworn affidavits do I need? Will evidence of trips taken abroad (with my wife) or trips home to see her before the marriage suffice? Do we need to get our church’s pastor to write a letter? What do we need ? Please advise.

3) I know that we need an affidavit of support – when do we file for this? Now and concurrently with the I130 or when we file for the I-485? Please advise. The I-485 is only filed once the visa numbers are current, correct? Please advise.

4) Also, what are the steps that I will need to do and the forms I need to fill up to upgrade the I-130 once I am naturalized?

5) Since I am a student (and therefore income-less, other than the $14-$15k that I will earn this summer), I will get her brother (who is an LPR) to be a co-sponsor when we do the affidavit of support. This is all good, but since I am a poor student, I intend to obtain relief from the filing fees for my naturalization (N-400 I think), so I am wondering if obtaining a fee waiver will negatively impact my wife’s I-485. If you think carefully, it shouldn’t because at present I am a student and incomeless so I should be able to apply for and get a fee waiver for my N-400; I will more than likely get a job after finishing my MBA, so to that end, I should be able to financially support her…besides I will have a joint sponsor for the affidavit of support. Please comment on this and advice.

 

[Jackolantern]

1) There will be no I-485, because I-485 is for those who are already in the US and plan to complete the process in the US. Right now you need to file G-325A (one for you, one for your spouse) with the I-130. The rest of the forms (I-864 Affidavit of Support, DS-230 etc.) will be at the end of the process, after the I-130 has been approved and the case is moving to the consulate.

2) They don't expect joint accounts and that kind of evidence for people whose immigrant spouse lives abroad and will pursue the process through a consulate. Use evidence such as your trips abroad, pictures of the wedding, pictures of you and her together at recognizable places.

4) It can be complicated and USCIS/NVC are often slow to invoke the upgrade. You're so close to citizenship that it might be better to delay the I-130 until you become a citizen, so you can avoid those hassles and your I-130 will be in the IR category from day 1. Delaying the I-130 until after your wife visits you would also reduce the chance of her being refused entry.

5) Applying for the N-400 fee waiver invites delays. They could take a long time to make a decision on the waiver, and if it's refused you'll have to apply with the fee, wasting the time that was spent in the waiver process. Don't try for the waiver unless you can tolerate the possible delay, or you truly cannot afford the fee.

 

[daniyatom]

1) No I-485, because I-485 is for immigrants who are already in the US and plan to complete the process in the US. Right now you need to file G-325A (one for you, one for your spouse) with the I-130. The rest of the forms (I-864, DS-230 etc.) will be at the end of the process, after the I-130 has been approved and the case is moving to the consulate.

2) They don't expect joint accounts and that kind of evidence for people whose immigrant spouse lives abroad and will pursue the process through a consulate. Use evidence such as your trips abroad, pictures of the wedding, pictures of you and her together at recognizable places.

Thanks!

1) When will the I130 get approved roughly? Does this depend on visa numbers? So right now an affidavit of support is not needed, just file the I130 right?
2) What about my question about relief on filing fees? If I apply for relief and got my filing fees waived for my N400, will that negatively impact the affidavit of support part of my wife’s filing or my wife’s filing in general. I don’t want to do anything that will jeopardize or delay her stuff.

Thanks much

 

[Jackolantern]

1) These days the I-130 takes 3-6 months for a US citizen petitioner. I-130 approval doesn't depend on visa numbers. However, the final stage when the consulate gears up to take the case and interview her will depend on visa number availability, unless you are a citizen.

2) Given the joint sponsor, I don't think the N-400 fee waiver will hurt her chances of approval. The problem is that it might delay your citizenship, which in turn would delay when the consulate can move forward on the I-130.