Immigration Site

Hi. I was wondering if some of the experts here can chime in on my situation. I am at present an LPR and I am able to file for my naturalization in 3/4 more months.

That said, I am in quandry. I plan to get married in late May (marriage will be registered overseas). To save time on my wifes GC, I plan to naturalize and then file for her green card (either do an AOS, file for a fiance visa or file an immigrant petition for her). I am worried because she plans to visit me in January/Feb 2012 on a tourist visa. I am little concerned because the tourist visa is issued to those who has the intent to visit temporarily, and therefore my wife may be perceived as committing visa fraud, and how that will relate to my future petition on a GC for her.

Also since the marriage will be registered oversseas, can I do the following:

1) Get her to come to the US on her toursit visa, register for the marriage in the US and then apply under AOS for her. Please note that she will be married to me, with the marriage registered overseas, before her trip to the US. Please comment on the implications of visa fraud here, if any.

2) File for a fiancee visa for her. Please note that she will be married to me, with the marriage registered overseas, before her trip to the US. Please comment on the implications of visa fraud here, if any.

Thanks guys

Instead of applying for her fiance visa or tourist visa, why not just apply for spouse visa. You get married in May and she plans to come here early next year. You will have plenty time to get the K-3 visa approved by then. And she will get a green card as soon as she arrives at the US.

2) File for a fiancee visa for her. Please note that she will be married to me, with the marriage registered overseas, before her trip to the US. Please comment on the implications of visa fraud here, if any. Married people are disqualified from obtaining the fiancee visa. Getting married abroad and then pretending to not be married in order to get the fiancee visa would be serious fraud.

I am worried because she plans to visit me in January/Feb 2012 on a tourist visa. Since the plan is for her to be in the US in early 2012, file an I-130 with the consular processing option after you get married in May. Then when you naturalize, upgrade the I-130 to reflect your citizenship status. If you dont have undue delays with your citizenship process, she should get a consular interview for an immigrant visa late this year or the first half of next year.

Thank you guys

Jackolantern - As a follow up to your note, does it matter if the visitors visa was obtained years ago? Its not like she is seeking a visitors visa from the embassy after getting married.

Also, for the layman out there, no one really knows the technical aspects of these visas. There are hundreds of cases where ppl have been turned back at the POE because of visa intent issues. That said, if you dont know the intent of the visitors visa, and you use it to enter the country (after getting married overseas) to see your spouse, how does the govt prove that you committed fraud? After all, for a fraud allegation/conviction, you have to knowing use the visa with the intent to deceive the government.