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Curious about Adjustment of Status, Terrified of Accidental Fraud

Discussion in 'Family Immigration, Fiancee & Marriage Visa' started by amkimrey, Apr 26, 2019.

  1. amkimrey

    amkimrey Law Topic Starter New Member

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    My husband and I need some advice. I (American citizen) am in the process submitting CR1 for my husband, who is Brazilian. We got married in Brazil in August 2018. At that time, we decided to pursue a CR1 visa. We hired A SERVICE TO review and mail our documents and we have not filed the petition yet. My husband arrived in the US with a B2 visa planning to make a temporary visit and stay up to mid June before going back to Brazil. He got heavily questioned by CPB in Chicago before being allowed to continue on his way.

    Since he arrived, we’ve been preparing documents to complete our CR1 petition, such as getting a joint bank account, joint car title, and joint car insurance. Now we are realizing just how much longer the CR1 could take and he started asking about the Adjustment of Status instead of the CR1 process. We have most of the documents required for that petition as well. Obviously we want to stay together because long distance just totally sucks, but as far as I was aware, applying for AoS while on a B2 was an automatic no. I am very afraid of accidentally committing fraud or something worse and having my husband basically permabanned from reentry and deported to boot.

    Some additional relevant info - hubs didn’t even quit his job back in Brazil and has been teleworking during his stay here. He has no written documentation of his agreement with his boss to telework for around 2-3 months, but maybe we could get that. He has a return flight and short term travel insurance with an end date. He hasn't transferred any of his funds from his bank accounts, left most of his possessions at home, and has yet to pick up his college graduation diploma. His family is expecting him back.

    We want to get legal advice on whether we would be committing immigration fraud or not by filing for the Adjustment of Status in this situation, and how to prove the authorities in the best way possible that he was truly with the intent of doing a temporary visit but we changed our minds. At what step of the process do we need to prove our case? Do we include documentation of prior intent to return with the initial petition, or just bring it to the interview?

    Thank you for all of your help. I'm a bundle of nerves with this possibility.

    tl;dr: Hubs is here on B2 and we like it, want to change from initial plan of CR1 to AoS. Is it legal?

    ============================

    This isn't YELP, so I redacted the website of the entity you allege you engaged.
    Please, don't name and shame, thank you!
     
  2. army judge

    army judge Super Moderator

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    This WHY he was interrogated:

    The B2 visa is a US visitor visa which allows you to enter the US for tourism, pleasure, or visit to friends and family. To qualify for the US Tourist Visa, you must be going to the US for one of these purposes only:

    Have a holiday in the US.

    Tour various cities in the US.

    Visit friends or family.

    Participate in social events hosted by various organizations.

    Visit the country for medical treatments.

    Participate in events or contests related to music or sports, for which you will not receive payment.

    Enroll in short study courses for which you will not receive credit (ex. cooking classes).
    If you do not fall into any of the categories above, then you cannot get a B2 visa. You should look into other types of US non-immigrant visas to see for which ones you qualify.


    With a B2 visa, you are allowed to visit and travel the US, but you are strictly forbidden from doing these activities:

    > Become a full or part-time student.
    > Perform and get paid for it.
    > Work in press or journalism.
    > Engage in any form of employment.
    > Enter as a crew member on an aircraft or ship.
    > Seek permanent residence in the US. <

    A difference between many other types of USA visas and the B2 visa is that it has no cap. This means that as long as you qualify and meet the requirements, you can get this visa to visit the US.



    You might advise your husband to speak with an immigration attorney.

    According to your account above, he VIOLATED US immigration laws and is misusing a B2 visa, trying to obtain residency in the USA via the K1 visa.

    Look here for information on K1 and/or C3 visas:

    Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen

    Bringing Spouses to Live in the United States as Permanent Residents




    You might wish to look here:

    Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)

    and here:

    B2 Visa
     
  3. amkimrey

    amkimrey Law Topic Starter New Member

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    Sorry, maybe I was unclear. We have not submitted K1 or C3 paperwork and we did not obtain a B2 with the intention of immigration. We were aware when we got married that there would be no possibility of the K1 anymore and decided on the CR-1 as our best bet. We've already contracted and paid a preparation service the full fee for a CR-1 visa and his current visit has an end date, with a booked return flight and an end date on his travel insurance. He didn't quit his job back in Brazil either, and has been teleworking. Our only intention this entire time was to spend a couple months together as husband and wife while finally submitting the CR-1, and then he would return home to wait. I'd go see him in Brazil around March next year and we would keep waiting.

    We haven't applied for adjustment of status.
     
  4. army judge

    army judge Super Moderator

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    You don't need to explain anything to me, or to anyone.

    He, on the other hand, will have much that could impact him.

    As I suggested, he should contact an immigration lawyer, not a preparation service.

    Immigration is a complex process, that demands far more than ticking boxes on a form.

    However, if he decides not to see a lawyer, that is no concern of mine.

    He is free to continue doing whatever he wishes to do.

    That said, the immigration worm is turning in this country, and many will discover that immigration is a privilege, NOT a right!
     
  5. justblue

    justblue Well-Known Member

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    He really needs an attorney. You have volunteers at two sites telling you that... ;)
     
    army judge likes this.
  6. amkimrey

    amkimrey Law Topic Starter New Member

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    You caught me never hurts to cast a wide net. Thanks, we are looking into it.
     
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  7. justblue

    justblue Well-Known Member

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    You're right...It never does hurt to get lots of opinions!! Best of luck to you and your hubby...

    Blue
     
  8. army judge

    army judge Super Moderator

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    If you seek the answer to this math problem: 15 + 10 -10 = ??? by asking 100 people, what purpose is served other than learning that the answer is "15" 100 times over?

    Do you seek THE answer, or THE ANSWER you wish to hear?

    If it is complex and important legal advice you seek, don't rely on FREE information offered up by strangers, especially internet strangers who could be Russian trolls trying to steal elections.

    No need to respond to little worm the likes of me.

    All HE needs to do is consult a licensed immigration attorney that HE trusts and can afford.

    If he doesn't do that, he may have jammed himself for several years, if not for the rest of his life.
     

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