Big dilemma..

[rwat1]

Hi all,

 

We are in urgent need of advice. We don't know if we should marry in US and then return back to China to start the Guangzhou immigrant visa process (CR-1).... OR should she enter the US again in September, then stay and do AOS?

 

1) how long does the CR-1 process in Guangzhou take? from application start to ending (post-interview)

2) is it easier to do the CR-1 process in Guangzhou or is it easier to do AOS in US?

 

Please advise.

Edited February 6, 2017 by rwat1 (see edit history)

[dnoblett]

1) Depends on residency,

• If you are resident in China you can file the petition there and it typically takes 3-4 months. (Direct Consular Filing)
• If your residency is not China but is the USA then the petition is filed to USCIS in the USA and the time line is longer due to stateside processing, typically 6 - 9 months.

2) What you are proposing is misuse of a visit visa with the intent to immigrate this is considered to be visa abuse and can and often does get questioned by the interviewing officer in the states and in some case if the interviewing officer feels that the visit visa was fraudulently used they can deny and start deportation process. (DON'T TAKE THE RISK) (Also AOS tends to be more costly in terms of filing fees)

[warpedbored]

It's a matter of intent. If she comes to the US with the intent of circumventing the visa process, you marry and she stays here it's visa fraud. As Dan said it's risky. If she came here with the intent of visiting and you couldn't bear being apart, you marry and she stays it's perfectly legal... but there is significant risk. It all depends on whether or not the interviewing officer believes you or not. If she comes here, you marry and she returns to China to wait out the visa process that is perfectly legal without any significant risk.

[amberjack1234]

Both Dan and Carl are right it is a big chance. On the other hand if no one in the world know about it but you two how would they ever find out. However you know how secrets are once it's out of one persons mouth it is no longer a secret and if anyone in China or the US was to be jealous and report you then the jig is up for sure. Proceed with extreme caution if you dare take that path.

[Randy W]

In the Learn Something New Every Day dept., 'dilemma' ISN'T spelled with an 'n' (dilemna) like I've always thought

[Greg.D.]

https://www.waywordradio.org/spelling-dilemma/

 

(podcast) says we think it is spelled with an "n" if we went to Catholic schools, which I did, which is probably where we learned to spell it "dilemna"

[newacct]

if the interviewing officer feels that the visit visa was fraudulently used they can deny and start deportation process.

 

According to several BIA precedents, they cannot deny AOS for immediate relatives for the reason of immigrant intent alone.

Edited February 7, 2017 by newacct (see edit history)

[Randy W]

 

if the interviewing officer feels that the visit visa was fraudulently used they can deny and start deportation process.

 

According to several BIA precedents, they cannot deny AOS for immediate relatives for the reason of immigrant intent alone.

 

 

 

However, they CAN and DO deny AOS for fraud. Dan's statement is accurate and stands as is.

[newacct]

 

 

if the interviewing officer feels that the visit visa was fraudulently used they can deny and start deportation process.

 

According to several BIA precedents, they cannot deny AOS for immediate relatives for the reason of immigrant intent alone.

 

 

 

However, they CAN and DO deny AOS for fraud. Dan's statement is accurate and stands as is.

 

It's not fraud if they did not lie to an officer at some point. The statement that using a visit visa with intent to immigrate by itself is a reason for denial of AOS is not correct.

[Randy W]

 

 

 

if the interviewing officer feels that the visit visa was fraudulently used they can deny and start deportation process.

 

According to several BIA precedents, they cannot deny AOS for immediate relatives for the reason of immigrant intent alone.

 

 

 

However, they CAN and DO deny AOS for fraud. Dan's statement is accurate and stands as is.

 

It's not fraud if they did not lie to an officer at some point. The statement that using a visit visa with intent to immigrate by itself is a reason for denial of AOS is not correct.

 

 

 

You mis-quoted what he said. It IS fraud if they DID lie to an officer at some point. The point is that AOS denial is a RISK that you need to consider, even if fraud WASN'T committed.

 

 

"if the interviewing officer feels that the visit visa was fraudulently used they can deny and start deportation process."

 

Denial and deportation CAN involve a court appearance - the immigrant can very likely be awarded a court-ordered AOS, even if fraud WAS committed.

[Randy W]

The Board of Immigrations Appeals does NOT condone immigrations fraud, and neither do we. Even SUSPICION of fraud can derail an otherwise valid immigration attempt.

 

Someone who wishes to "enter the US again in September, then stay and do AOS?"needs to consider the possible outcomes of that action, and be familiar with the very REAL issues involved.

 

I've found this article to cover the issues fairly thoroughly - B-1/B-2 Visa Holders and Adjustment of Status - including the so-called "30/60/90 day" "rule" (which is not a rule at all), and pre-conceived intent (PCI) vs. fraudlent mis-representation.

 

To summarize, PCI and fraudulent misrepresentation should be analyzed carefully as two separate issues. The 30/60 day rule is often misunderstood and misapplied as PCI does not in and of itself equal a misrepresentation in immediate relative adjustment of status cases. Silence when applying for a visa or entry to the U.S. does not equal an affirmative misrepresentation. Of course, saying or doing something that is a misrepresentation equals fraud and may trigger the permanent bar inadmissibility under INA Section 212(a)(6)©(i).

Before filing for adjustment of status, a B-1/B-2 entrant should have their case evaluated by an experienced Immigration Attorney to understand whether their entire immigration history—from B-1/B-2 visa application, entry to the U.S. at the Port of Entry, and request to adjust status—complies with the law.

 

 

[rwat1]

Thank you ALL for your wonderful advice.

 

We both agreed with your assessment, we are not going to enter on tourist visa and AOS, too much risk.

 

We will also retain Marc Ellis for the Guangzhou process Thank you all