Wife with Visitors Visa and Husband a USC..... HELP!!!

A

ashishsmith

New Member
Hello All,
I have been going through this forum today for the first time and I didn't find any relevant answer for my situation and may be I have not looked in the correct section. I don't even know where exactly should I post this question.

Please advice for the following.

I got married last year in December in India, My wife has a visitor's visa for 10 years (multiple) she visited me last year in July and August. I was a GC holder last year and was planning to file for my USC this year hence, I didn't file for her because I know it takes lot of time.
We got married and brought her here in January with me, she had to go through lot of cross examination and interogation at POE. However, she passed through that and was able to stay with me for 6 months since, she was allowed for 6 months. I had applied for my USC in the meantime.
She went back to india before her stay expires and she is been in India since July. In the mean time, I have become USC and now planning to go to India and bring her back in December. I know the best way is through K-1 but I also know it takes lot of time at least 8-10 months all together. We dont want to wait that long and want to use her visitors visa and then file AOS for her once she is here with me.
What I am planning to do is getting married over here again the day she enters USA and then file for her next day, please tell me if this can be done. Please also tell me whats the procedure. Please help and advise me if there is any thread, I should refer or I should post this question somewhere else.
 
ashishsmith said:
Hello All,
I have been going through this forum today for the first time and I didn't find any relevant answer for my situation and may be I have not looked in the correct section. I don't even know where exactly should I post this question.

Please advice for the following.

I got married last year in December in India, My wife has a visitor's visa for 10 years (multiple) she visited me last year in July and August. I was a GC holder last year and was planning to file for my USC this year hence, I didn't file for her because I know it takes lot of time.
We got married and brought her here in January with me, she had to go through lot of cross examination and interogation at POE. However, she passed through that and was able to stay with me for 6 months since, she was allowed for 6 months. I had applied for my USC in the meantime.
She went back to india before her stay expires and she is been in India since July. In the mean time, I have become USC and now planning to go to India and bring her back in December. I know the best way is through K-1 but I also know it takes lot of time at least 8-10 months all together. We dont want to wait that long and want to use her visitors visa and then file AOS for her once she is here with me.
What I am planning to do is getting married over here again the day she enters USA and then file for her next day, please tell me if this can be done. Please also tell me whats the procedure. Please help and advise me if there is any thread, I should refer or I should post this question somewhere else.
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Dont post your question elsewhere, you'll get replies from experienced people on this thread u created..Goodluck
 
ashishsmith said:
We got married and brought her here in January with me, she had to go through lot of cross examination and interogation at POE.
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Did she say she was married to a GC holder then?

I know the best way is through K-1 but I also know it takes lot of time at least 8-10 months all together.
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You are right about that. K-1 is your safest route. I don't understand the logic of getting married again in the US. If she enters the US and you get married the next day, it raises a red flag for USCIS (entry into the US with an immigrant intent). You dont want to do that. You might be better off doing the CP.
 
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ashishsmith said:
I got married last year in December in India,
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ashishsmith said:
I know the best way is through K-1 but I also know it takes lot of time at least 8-10 months all together.
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You are already married therefore the K1 is redundant as this is for fiances. The visa you will be needing is the K3 or CR1/IR1.

ashishsmith said:
I got married last year in December in India,
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ashishsmith said:
What I am planning to do is getting married over here again the day she enters USA and then file for her next day, please tell me if this can be done.
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Wait......are you divorced and wanting to get married to your ex (divorced) wife? Or are you ACTUALLY married and wanting to just re-new your vows?
Either way...pre intent for anyone to enter the US and then AOS is visa fraud and can result in a ban/deportation from the US.
The best route is to apply for the appropriate visa and then have your wife/ex wife enter on that.
 
she is married to be since last year, we didn't register our marriage and didn't get her passport changed with my name in the middle, because I was GC holder and not USC at that time.
Since, now I am a USC and want her to get the GC as well, what should I do? I have heard that she have to stay here in USA atleast for 60 days before we get married, she stayed almost 6 months on her last visit to USA (total 2 visits in past 15 months) does that count or is it only for the current visit.
Any advices? the only reason I don't want to go the K1 route is because she will have to stay for another 8 months in our home country and I will have to stay here waiting for her and she is been in india since last 5 months already.
 
So youre 'not' married then? I'm confused.
If you ARE married you need to go the K3 or CR1/IR1 route.
If youre not married then you need to go the K1 route.

There is no other 'legal' way around it. To have her enter, you marry and then have her apply for a GC is fraud as this is your intent. Do not go this route.

I know it's hard being separated, but thats just the way it is. I didnt want to be separated from my partner either, but I respected the immigration rules of the US applied for the K1 visa, waited my turn and then enter the US, married and applied for the GC having gone the correct route. Im not going to advise you to do otherwise.
 
I think I understand your predicament. You were married through a religious ceremony (actually married) but did not register the marriage. You want your spouse to enter USA on visitor's visa or though K-1 and then "officially" marry her in USA.

USCIS is well experienced in these matters and considers religious/civil marriages as actual marriages. They only want further proof that the marriage is registered. But, non-registration of marriage does not make you unmarried in the eyes of USCIS. I think you are running a big risk here. If and when the immigration authorities find out. They will bar your wife's entry into USA forever. There is no recourse as you cannot challenge their claim in any court of law.

As it is, you have already violated the law. You got married in Dec 08. But, you brought her into USA in Jan 09 through a pre-existing visitor's visa. Well, my friend, your wife's pre-existing visitor visa ( I hear you that it is a 10 yr multiple enty visa) would be null and void after your Dec 08 marriage to a GC holder. The reason is, Visitor visa is for non-immigrants. Spouse of a GC is not exactly a non-immigrant. Getting past POE once is not safe enough.

Since you violated the law, I suggest you need a legal opinion. Any more adventures such as K-1 (that is for unmarried person) or visitor visa will only place you in harms way
 
Thank you very much guys for the responses. But here are some more follow up questions.

whats the difference between K3 and K1?

If she comes here on visitors visa...in december stays 60 days and then we do a register marriage and apply for her GC wouldn't that count as legal? I don't want to show them that we got married in December 2008. All I will show is that she came here on visitors visa and we got married in feb or march depending on when the 60 days get over.

for the safer route, does any one know how much time does it take if I go through Indian Consulate and file for her and get her through the US Consulate. I am in NJ.
 
ashishsmith said:
Thank you very much guys for the responses. But here are some more follow up questions.

whats the difference between K3 and K1?

If she comes here on visitors visa...in december stays 60 days and then we do a register marriage and apply for her GC wouldn't that count as legal? I don't want to show them that we got married in December 2008. All I will show is that she came here on visitors visa and we got married in feb or march depending on when the 60 days get over.

for the safer route, does any one know how much time does it take if I go through Indian Consulate and file for her and get her through the US Consulate. I am in NJ.
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What part of what your are proposing to do is fraud isn't clear to you? You want to take a simple care and turn it into a bloody mess. Your wife has a visa issued by US govt to visit for the US, she is currently married to you by laws of India, remarrying her in the US to procure a greencard won't negate the fraud which USCIS will find in the adjudication of this petition. You should have her apply for greencard through the consular, which will be easier and take about 6-11 months. If time is a nuisance to you, guess how much pain you are going to feel when she's denied a greencard due to purported fraud= entering the US for the purpose of marrying a US citizen without having clearly expressed this issue to CBP or US consular is fraud.

You should file through the American consulate in India, I have never heard of Indian consulate issuing US greencard...:rolleyes: Just start working on her greencard via the consulate in India, you are already married by India law, no need to remarry her and pass it as a new marriage, it is considered a misrepresentation of a material fact which will result in denial of your petition and a deportation of your wife, immediate cancelation of her 10 years, and possible ban to the US. Lying to USCIS has never been a smart move, people who do so are usually caught and torn to shreds by Justice Dept..:D
 
If she enters the us as a visitor (and already married to you), the immigration officer may deny the application because she entered as a married visitor with the intention to stay. K-3 is the safest and most reliable way in your case. Filing I-130 is the start with USCIS, they will forward it to NVC and then if approved, US consulate in India will schedule an interview. Good luck!
 
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Thank you guys for responding..... I guess, I will have to rethink. I was just looking to see if there is any other way.... but I guess not.
 
nsvr said:
.As it is, you have already violated the law. You got married in Dec 08. But, you brought her into USA in Jan 09 through a pre-existing visitor's visa. Well, my friend, your wife's pre-existing visitor visa ( I hear you that it is a 10 yr multiple enty visa) would be null and void after your Dec 08 marriage to a GC holder.
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This is nonsense. His spouse broke no law, assuming she told the truth about her stay, and then left on or before the expiration date of the I-94, clearly demonstrating her non-immigrant intent.

The reason is, Visitor visa is for non-immigrants. Spouse of a GC is not exactly a non-immigrant.
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The spouse of a permanent resident or US citizen can certainly be considered non-immigrant, once they have demonstrated to the satisfaction of the POE or consular official that they do not intend to stay permanently on that entry to the US. The mere fact of eligibility to be sponsored for permanent residence, or a future intention to immigrate does not automatically equate to immigrant intent.
 
Marriage After Green Card: some follow-up questions

Dear Friends:

I have done some research on preceding knowledge/threads in the forum, but had some specifics needing further elaboration.

SITUATION:
I'll hopefully become a US Citizen by this July/August (already 4.5 years post-GC). I'm contemplating marriage to a woman in India and, of course, bringing her to the US. My understanding is that the recommended best practice would be to wait to become a US Citizen. Thereafter I could get engaged or married to a woman in India. In the case of an engagement, I would have to file for a K-1 and in the case of a marriage, I would have to file a K-3.

QUESTIONS:
1) Assuming I got engaged to a woman in India right after becoming a US Citizen, could I bring her to the US effectively immediately on a K-1?

2) Once she's here on a K-1, I would need to adjust her status, correct?

3) Is the adjustment of status the same as an I-130 application?

Regards,

Sikander
 
A1: A K-1 will take 4-6 months on average.
A2: Correct
A3: No I-130 needed with I-485 if the beneficiary is in the US on K-1 status.

sikander said:
1) Assuming I got engaged to a woman in India right after becoming a US Citizen, could I bring her to the US effectively immediately on a K-1?

2) Once she's here on a K-1, I would need to adjust her status, correct?

3) Is the adjustment of status the same as an I-130 application?
Click to expand...
 
JackoLantern & Triple Citizen:

Thank you gentlemen. I was wondering by the way whether it's possible to apply for the K-1 before becoming a citizen (assuming I know the woman in India to whom I'd like to get engaged and get engaged to her soon). If this is possible, I could conceivably time my citizenship and her arrival on a K-1 in such a manner that she arrives in this country shortly after my citizenship is obtained.

Warmest personal regards,

Sikander
 
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