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Wife has received tourist B1/B2 visa, documents needed to apply for gr


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I have recently got married with my wife in Zhengzhou, Henan and now that my wife got traveling visa to USA, I am would really appreciate if someone could help me with the right direction regarding documents needed for the green card.
We're planning on flying to LAX then to Dallas in August 2013.


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Apply for a spouse visa by filing an I-130 either to USCIS in the states, or if you have been residing in China you can file it to USCIS in Beijing or Guangzhou.

 

Using a non-immigrant B-2 visa instead of an immigrant CR-1, IR-1, or K-Visa with the intent of immigration can be considered to be visa fraud, USCIS can question your intent, and why you used a visitors visa instead of an immigration visa to immigrate to the USA, and they can and sometimes do deny application for a green-card in the USA because of that.

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  • 2 weeks later...

Was it difficult for your wife to get a visitor's visa due to the fact that you are married?

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I maybe wrong with this statement; However I have known a couple where the woman came to the U.S On a visitor visa and life being what it is they did meet and got married, all of this while she was on her 6 month visitor visa. After that was done, they file to adjust her status. Meaning they did file the I-130 along with the I-485 (Application to Register Permanent Residence or Adjust Status). Once the forms and supporting evidence was submitted to the USCIS office, the "spouses" status changed but she was not considered illegal or not "in status" So, from the experience I have had and the instructions read and information received from the local USCIS office, this is really not considered to be visa fraud. However; since I am not an attorney nor do I work for or with the USCIS in any shape or form, it is up to you to decided which you wish to do. But ... seeing how just the time line from NOA1 to an NOA2 at the CSC is over 400 Days, I'd would do the best way to be together during this time.

 

Any way I have read a lot of people do it is that if they are here on a visitor visa that is good for 6 months, apply early on and when time for the interview the spouse can always travel back to their home and await the interview there.

 

Just information from my experiences and information that I have seen over the past few years.

 

Regards

DanW

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You may get married at any time, anywhere, including in the U.S. while on a visitor's visa. You may file an I-130 at any time from anywhere, including in the U.S. while on a visitor's visa.

 

When the time is up on your B-2, you might want to consider leaving the country to wait out the I-130, especially if you knew each other before using the visa. Using a B-2 to immigrate IS visa fraud.

 

If you meet while on a B-2 and THEN decide to get married, that's a different matter entirely.

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You may get married at any time, anywhere, including in the U.S. while on a visitor's visa. You may file an I-130 at any time from anywhere, including in the U.S. while on a visitor's visa.

 

When the time is up on your B-2, you might want to consider leaving the country to wait out the I-130, especially if you knew each other before using the visa. Using a B-2 to immigrate IS visa fraud.

 

If you meet while on a B-2 and THEN decide to get married, that's a different matter entirely.

Exactly, A couple years ago I met a nice couple that asked about this, she was here on a student F-1 visa attending the local university, she met her boyfriend while attending college, and they got married, he was here on a green-card, so they waited for him to get US Citizenship, once that happened they filed I-130 and I-485 together to adjust her status.

 

This is not an issue if luck has it you met someone after arrival in the states and decided to marry and immigrate. It is however as in the OP case they were already married and decided to use a B-2 to immigrate, if this were a legitimate use of a B-2, then why are there Spouse and Fiancee visas?

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It's a matter of intent. If you came to the US on a B1/B2 visa with the intention of circumventing the spousal visa process it's fraud. If you come here with the intent of going back before your visa expires and you can't bear to be separated, marry and file to adjust status that is perfectly legal. The risk is how the interviewing officer judges your application. Fraud can result in a ban from immigrating. Many people feel it isn't worth the risk.

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  • 2 weeks later...

Was it difficult for your wife to get a visitor's visa due to the fact that you are married?

I am sorry for the delayed reply.

 

It was quite easy to get visitor's visa for her, for some reason Guy just asked simple questions such as why are you planning on going to USA, and she just answered that "my husband is american citizen" and was given " yes" for an answer, but my wife is fairly young and she witnessed many other people get shot down by women but she was lucky to get to the guy in his 30's who asked her questions, so this particular case played in her favor.

 

Edit: Forgot to add, that when it was my wife's turn for window interview, she was told to get in line , but luckily of having witnessed how even a chinese university professor was rejected by a black lady at the interview window, she faked as she had stomach ache and let the guy get in front of her so she could get to talk to Guy instead, which is i find quite hilarious.

 

Anyways, from reading everyone's replies, I am very thankful to everyone, and I guess we'll proceed with Randy W poster's advice, because if there is a chance they might think it is a fraud, I would prefer to avoid their assumption at any costs.

 

 

 

 

Edited by parkour69 (see edit history)
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You may get married at any time, anywhere, including in the U.S. while on a visitor's visa. You may file an I-130 at any time from anywhere, including in the U.S. while on a visitor's visa.

 

When the time is up on your B-2, you might want to consider leaving the country to wait out the I-130, especially if you knew each other before using the visa. Using a B-2 to immigrate IS visa fraud.

 

If you meet while on a B-2 and THEN decide to get married, that's a different matter entirely.

Weird,

 

I contacted several chinese lawyers in USA, and was told this is so lucky for my wife to get visa on the 1st try, and she just needs to get married again in USA, and file the I-130 and then for the status adjustment I-485, was told is not fraud but easiest way to do it , and shortest.

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You may get married at any time, anywhere, including in the U.S. while on a visitor's visa. You may file an I-130 at any time from anywhere, including in the U.S. while on a visitor's visa.

 

When the time is up on your B-2, you might want to consider leaving the country to wait out the I-130, especially if you knew each other before using the visa. Using a B-2 to immigrate IS visa fraud.

 

If you meet while on a B-2 and THEN decide to get married, that's a different matter entirely.

Weird,

 

I contacted several Chinese lawyers in USA, and was told this is so lucky for my wife to get visa on the 1st try, and she just needs to get married again in USA, and file the I-130 and then for the status adjustment I-485, was told is not fraud but easiest way to do it , and shortest.

 

You are already married, there is no getting married a second time, someone is giving you bad advise. If USCIS determines that you married earlier yet you indicate a later date, this is called misrepresenting the facts, and misrepresentation is grounds for denial of immigration and even revocation later down the road if caught.

 

USCIS can and often does question intent and denies adjustment if they determine that the visit visa was used to immigrate.

 

Case in point:http://www.foxnews.com/story/2007/11/17/immigrant-couple-faces-deportation-over-marriage-status/ This couple were married before immigrating and misrepresented this fact in order to get a green-card, and years later got caught.

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You may get married at any time, anywhere, including in the U.S. while on a visitor's visa. You may file an I-130 at any time from anywhere, including in the U.S. while on a visitor's visa.

 

When the time is up on your B-2, you might want to consider leaving the country to wait out the I-130, especially if you knew each other before using the visa. Using a B-2 to immigrate IS visa fraud.

 

If you meet while on a B-2 and THEN decide to get married, that's a different matter entirely.

Weird,

 

I contacted several chinese lawyers in USA, and was told this is so lucky for my wife to get visa on the 1st try, and she just needs to get married again in USA, and file the I-130 and then for the status adjustment I-485, was told is not fraud but easiest way to do it , and shortest.

 

 

 

Your tune has changed quite a bit from your last post

 

Anyways, from reading everyone's replies, I am very thankful to everyone, and I guess we'll proceed with Randy W poster's advice, because if there is a chance they might think it is a fraud, I would prefer to avoid their assumption at any costs.

 

 

Now you seem to be more interested in what you can get away with.

 

Yes, you MIGHT get away with that. I don't know what the odds are, and woldn't care to hazard a guess.

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