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visitor visa to green card


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This is good reading here - http://www.nolo.com/legal-encyclopedia/will-3060-day-rule-help-clear-suspicion-about-your-intentions-upon-us-entry.html

 

I recommend that you read that page thoroughly, and also that you discuss your plan with a LOCAL immigration attorney to find out the climate in your immigration court regarding both a potential denial of the AOS application, and the possibility of a possible ban on re-entry.

 

AND - realize that what you've posted here is already a violation of the 30/60 day rule before THAT clock has even started. What matters is your INTENT at the time of entry - the 30/60 rule is simply a guideline to help in the determination of that intent.

 

You can get married at any time, anywhere you wish without violating any visa conditions. But it may be best to have her go back to Taiwan to wait out the processing of the I-130.

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As Randy said. The interviewing officer seeing that you have had a relationship prior to her coming here can always ask why you did not use a K-1 visa or marry and file an I-130 for a CR-1 visa.

 

Typically adjustment form a non-immigrant visa other than K-1 that does not have issues are marriage to a work visa or student visa holder, the visa holder's intent upon entry to the states is work or education and while working or attending college they find love and decide to marry, in this case it is not an issue. However a person who enters as a visitor on a B-2 has a strong burden to show that they met love AFTER they came here and spontaneously decided to tie the knot.

 

Best plan of action is get married, file the I-130 continue living together in Taiwan, and once the petitioon gets to the NVC stage US Citizen moves to the states, and work the case through to a spouse interview.

 

The other option is for fiancee to come to the states, the allowed stay should be 6 months, get married, and file an I-130 which typically takes 3-4 months to get approved and sent to NVC and have spouse return to home country, before the 6 months allowed visit is up and interview for the spouse visa.

 

In either case above the time apart is fairly minimal.

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Actually both visa types take about the same time to process through to interview. The K-1 has the added time of unable to work from time of entry until filing to adjust status to getting EAD or Green-card, the CR-1 is authorized to work the moment of entry to the USA.

 

Also a consideration, Adjustment of status I-485 has the added cost in fees, (+$1070)

 

I think I itemized the cost difference for CR-1 vs K-1 from the standpoint of fees as the CR-1 is around $500 or so less than the K-1 from petition filing to getting a green-card.

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30/60/whatever rule is a Department of State thing. It does not apply to USCIS, which adjudicates AOS.

 

Multiple BIA decisions have ruled that Adjustment of Status for people in the Immediate Relative category (spouse, parent, or under-21 child of US citizen) should not be denied for the reason of immigrant intent alone, including Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980), Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981), and Matter of Battista, 19 I&N Dec. 484 (BIA 1987). The applicant does not have a "burden" to show they did not have immigrant intent when they entered -- it cannot be used alone to deny them.

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30/60/whatever rule is a Department of State thing. It does not apply to USCIS, which adjudicates AOS.

 

Multiple BIA decisions have ruled that Adjustment of Status for people in the Immediate Relative category (spouse, parent, or under-21 child of US citizen) should not be denied for the reason of immigrant intent alone, including Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980), Matter of Ibrahim, 18 I&N Dec. 55 (BIA 1981), and Matter of Battista, 19 I&N Dec. 484 (BIA 1987). The applicant does not have a "burden" to show they did not have immigrant intent when they entered -- it cannot be used alone to deny them.

 

 

Again - talk to a LOCAL attorney to have a better idea of what you're up against.

 

USCIS AND THE 30/60 DAY RULE, AND THE EFFECT OF PRECONCEIVED INTENT ON ADJUSTMENT OF STATUS

 

USCIS AND THE 30/60 DAY RULE
THE USCIS POLICY MANUAL
The USCIS addresses the 30/60 day rule in its Policy Manual for immigration officers. 8 USCIS PM J.3 states:
The U.S. Department of State (DOS) has developed a 30/60-day rule to assist consular officers in evaluating misrepresentation in cases involving a person who was in the United States and whose conduct is or was inconsistent with representations made to the consular officer concerning his or her intentions at the time of the visa application.
An officer should keep in mind that the 30/60 day rule is not a “rule” in the sense of a binding principle of decision. The rule is simply an analytical tool that may be helpful in resolving in a particular case whether a person's actions support of finding of fraud or misrepresentation. Officers must not use Foreign Affairs Manual (FAM) guidance in a denial.
In short, the Policy Manual recognizes the 30/60 day rule as an “analytical tool” used by DOS. However, it is careful to note that it is neither a “rule” nor in any way minding on USCIS officers. Furthermore, it explicitly states that USCIS officers may not use guidance from the DOS's FAM in rendering a decision in a case.
Accordingly, it is important to note as well that section 212(a)(6)©(i) of the INA does not preclude an inadmissibility finding for conduct that takes place after 60 days of entry. While consular officers will not consider inconsistent conduct that occurs after 60 days from entry grounds for 212(a)(6)©(i) inadmissibility, there is nothing precluding USCIS from doing so.

 

 

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  • 11 months later...

Marrying in the US on anything other than a K1 visa (within 90 days of arrival) is now (really) automatic deportation.

 

You will not be able to adjust status or stay legally in U.S. If you do something other than what you told the POE officer upon entry you would do once here (within 90 days or entry).

 

State Department Tightens Rules for Visas to U.S.

 

 

WASHINGTON — The State Department is giving immigration and consular officials new grounds to deny entry to visitors to the United States or to kick them out if they are already here. In a cable to American embassies around the world, Secretary of State Rex W. Tillerson wrote that visitors who require a visa before entering the United States must then follow through on their stated plans for at least three months. If in that period they do something they failed to mention in an interview with a consular official — such as marry an American citizen, go to school or get a job — it will be presumed that they have deliberately lied.

 

That would make it difficult, if not impossible, for them to renew a visa, get a new one or change their status. And if they were still in the United States, it would make those visitors eligible for deportation.

 

Changes of plans that occur after three months may still be problematic but are not presumed to be the result of “willful misrepresentation,” the cable said. Under previous rules, a change in plans was deemed to be misrepresentation only for the first month after arrival in the United States. [i did not know that]

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