Advice to a friend

[nqqz]

Question on immigration procedures.

My wife's friend came to the USA to visit her.

While here, her friend starting seeing a guy and now is very interested in marrying him.

She has a child in China and will be going back to settle matters and bring her child to the USA. The child already has a visitors visa.

if after marrying in the USA, what is her next step? Where do they file? Where can she wait pending the review? Must she go back to China? Can she interview in the USA?

 

thank you

 

[dnoblett]

Tricky situation.

 

Three options.

1. Marry now and file to adjust status, problem is the child and settling matters, child would already be here to do this or else would have to deal with getting an immigrant visa for step child.
   
2. Return to China, settle affairs, bring child to states and then marry and adjust status, (This one is not advisable the danger comes into play regarding INTENT upon entry, is it to visit or immigrate? In this case it would be hard to overcome intent when adjusting status considering the prior visit)
   
3. Marry now and simply file 2 petitions for spouse and stepchild and not overstay the visit, return to China settle matters and then interview in Guangzhou for spouse and step-child visas. (This would actually be more economical than adjustment of status in the states and since she plans on returning to China anyway is the more logical approach)

Only additional issue, how old is child?

• if Child is less than 18 at time of possible marriage, US citizen can file a petition for step-child,
• If child is older than age 18 at time of marriage, but less than 20 or so, then a K-1/K-2 fiancée visa should be considered because US Citizen would not be able to file a petition for step-child.
• If child is older than age 21, only child's parent can file a petition after parent gets a green-card.

As for what to file, two I-130 petitions would be filed to USCIS by mail in order to get a CR-1 and CR-2 visa for spouse and step child.

[nqqz]

Child is 4 yo

[dnoblett]

Child is 4 yo

Probably best to go option #3 above, marry and then file two I-130 petitions, and return to China get things in order and let the pettion process through to a visa interview in Guangzhou for a spouse visa.

[warpedbored]

It's all a matter of intent. If she came here with only the intention of visiting, met someone, fell in love and married him then that is perfectly legal. Of course they would still have to convince the interviewer. If she goes back to China gets the child and comes back on a tourist visa with the intention of getting married and staying that is visa fraud. She could be deported and banned from coming back. Either of the above options has risk. The only safe road is to marry or file for a fiancee visa and return to China to wait out the visa process. Generally 9 months to a year.

 

 

[NUWORLD]

Been watching this post and figured i would take a step back and let the pro's take the lead.

 

Now after reading the posts/reply's i will say this.

 

As Dan (dnoblett) and Carl (Warpedbored) have said there are some risks.

Some very high risk going down this road.

 

tourist visa then marriage does not look good to the eyes of the QZ gods.

Too many questions during interview and red flags

 

My wife has a friend that tried this just this year and was banned from coming back.

GZ has there eye a little more open now for this.

 

I would follow dnoblett advise.

Dan is the man!

[nqqz]

ty for all the info. I will let them know