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I-130 filled while on a tourist visa? Would that be illegal?
Anonymous4 views4 answers
our plan is to get married when i arrive to the U.S on my B1/B2 tourist visa, and then she (my soon to be U.S spouse) will fill out the I-130 petition while I remain with her AFTER the marriage up until my I-94 expires and then leave to my home country and wait for the consular processing to be complete
here's the question: Since i will be on a non-immigrant visa (tourist) in the U.S while she fills out the I-130 form, would that be considered a visa fraud (because the I-130 would indicate an immigrant intent) even if i intend to NOT over-stay on my visa and leave when i should?
what do you think?
plus, would be AOS through a k-3 visa be better than consular processing?
If you are already in the U.S.A. when you get married, you may adjust status instead of going back for consular processing. Work with an experienced immigration attorney to help you navigate the process which could be tasking and confusing. Good luck!
Here's the first problem ... you 'plan' to get married and not leave the US while entering the US as a TOURIST.
Although sometimes people are forgiven for not telling their true intent when using a B to enter ... sometimes they deny the papers. Thus, don't plan on staying without talking to an attorney on a 3-way Skype call.
BUT, it is permitted for you to enter, get married and go home.
Immigrant visa versus K-3? Immigrant visa, the K-3 doesn't save hardly any time and ends up costing close to $800 more.
Consider a Skype consultation to weigh your options.
First, you as the Petitioner - I-130 - must be a USC for your spouse to adjust in the USA based on an approved Alien Relative Petition. If you are on a visa than you are not a USC and do not qualify to petition for your spouse - you may want to re write your question..
Second, entering the USA on a non immigrant tourist visa with the preconceived intent to marry and file to adjust status is visa fraud.
I suggest you consult with an experienced immigration attorney. Your situation is workable and there are a few alternatives.
You have a lot of good questions here. However, what will be best in your situation will depend upon the specific facts of your case. This forum is therefore not the place to get the advice you need. Consult with an experienced immigration attorney who can review the facts of your case with you and your fiancee and advise you as to the options available and the best way to proceed. Many attorneys will conduct consultations via telephone or Skype for clients outside their local area.
