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US citizen married visitor with 10 yr multientry B1/B2

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  • US citizen married visitor with 10 yr multientry B1/B2

    Wanted to give a quick rundown and see what my options are at this point. The timeline for my situation is as follows:

    My wife and I both work for the same international company. She is based in Taiwan, and I am based here in the US. She came to the US on a business trip in March 2005 on a multi-entry B1/B2 10 year visa that she applied for herself (not through our company). This was her first time in the US, and I did not know her before she visited. She left in April after her business was completed here, but had to return again in April and remained til June for work. However, on her second trip here, we decided we were definitely meant for each other, and got married at the end of May. Then, she returned again to Taiwan after her business was completed here in June.

    After all this, I moved to a different city in the US because of a job promotion. My wife while in Taiwan, also wanted to take a break from work and just travel. So, I convinced her to travel to the US to visit friends she met here on previous trips and to travel within the US. This way, I would also have more of an opportunity to see her as well, especially since my new job is so time consuming, and I would not have a chance to travel to see her for quite some time. So, she traveled again to the US in July 2005 for pleasure this time and not business (I-94 was good for 6 months this time).

    She and I had no intentions of moving/relocating to be closer for the time being because she and I both have our careers (both being engineers) and families to consider within our respective countries. However, I really do want to convince her to stay and have mentioned it to her a couple of times. Of course, it is a big step for her and she was pretty much against it for the time being. So for this trip, she just wants to have fun in the US, travel, and take a break from work.

    My questions are as follows:

    1) If I do convince her to stay with me during her visit here this time, what are my options without her having to go back to Taiwan again and wait? I know it will look fishy that she reentered on a visitor visa, but she really had no intention of staying this time.

    2) Do I still need to file an I-130?... or should I go directly for an I-485 since I would want to adjust her status?

    3) Are there any waivers that I can submit to the USCIS that will show that she was here this time purely for travelling and not to stay permanently?

    Many thanks in advance!

  • #2
    Wanted to give a quick rundown and see what my options are at this point. The timeline for my situation is as follows:

    My wife and I both work for the same international company. She is based in Taiwan, and I am based here in the US. She came to the US on a business trip in March 2005 on a multi-entry B1/B2 10 year visa that she applied for herself (not through our company). This was her first time in the US, and I did not know her before she visited. She left in April after her business was completed here, but had to return again in April and remained til June for work. However, on her second trip here, we decided we were definitely meant for each other, and got married at the end of May. Then, she returned again to Taiwan after her business was completed here in June.

    After all this, I moved to a different city in the US because of a job promotion. My wife while in Taiwan, also wanted to take a break from work and just travel. So, I convinced her to travel to the US to visit friends she met here on previous trips and to travel within the US. This way, I would also have more of an opportunity to see her as well, especially since my new job is so time consuming, and I would not have a chance to travel to see her for quite some time. So, she traveled again to the US in July 2005 for pleasure this time and not business (I-94 was good for 6 months this time).

    She and I had no intentions of moving/relocating to be closer for the time being because she and I both have our careers (both being engineers) and families to consider within our respective countries. However, I really do want to convince her to stay and have mentioned it to her a couple of times. Of course, it is a big step for her and she was pretty much against it for the time being. So for this trip, she just wants to have fun in the US, travel, and take a break from work.

    My questions are as follows:

    1) If I do convince her to stay with me during her visit here this time, what are my options without her having to go back to Taiwan again and wait? I know it will look fishy that she reentered on a visitor visa, but she really had no intention of staying this time.

    2) Do I still need to file an I-130?... or should I go directly for an I-485 since I would want to adjust her status?

    3) Are there any waivers that I can submit to the USCIS that will show that she was here this time purely for travelling and not to stay permanently?

    Many thanks in advance!

    Comment


    • #3
      Hi Cmd,

      If your wife agrees to stay, she can adjust status to the one of permanent resident in the US, based on your marriage. However, as you are aware, she will have to overcome a presumption that she used a visitor visa while having an immigrant intent (which constitutes visa fraud). The things like when she quit her job, closed bank accounts, gave a notice to landlord...could be considered in order to determine her intent.
      I am not sure who has a burden of proof: USCIS or her.

      Yes, you still need to file I-130, together with I-485.

      I don't think there is a waiver you can submit to show original intent. Just be prepared and have supporting evidence when asked to explain.

      Visa fraud is a serious charge. Maybe somebody else can explain it with more details.

      Comment


      • #4
        Hi aneri,

        Thanks for your reply. That helped me answer many of my questions!

        Yes, I know visa fraud is a serious issue. However, there was never any intent for her to stay when she visited this time. I mean, in all truthfulness, she's not exactly liking the idea of dropping her career in Taiwan (she's got a masters degree in electrical engineering) and leaving her family and friends. I will try to keep/produce as much documented proof as possible to bring to the interview in case I do convince her to stay.

        Furthermore, she returned to Taiwan in June because her I-94 was almost up and her business trip in the US was complete. So, she had no intentions of staying to begin with.

        I guess as a sign of her being truthful, she filled out everything on her I-94 accurately and never hid the fact she was married this time when she entered the US. The immigration officer even saw she's entered several times, asked why she came back again so soon. She told her honestly "last two times was for business, I wanted to come visit for fun this time." So, if USCIS will look at her records, her I-94 for the first two visits were only 3 months each, but this time, they gave her 6 months.

        I mean, I guess what I'm saying is, there needs to be some sense of consideration because like before, she was simply here on a business trip when I met her, we fell in love, and got married. It was the most natural of things, but to some, that alone can look like she came to the country to "get a greencard." They should think... if she wanted to come to the US with original intent to stay for good, she would have never gone back after we got married and her business trip was complete.

        Again, I do appreciate your response! Thanks!

        Comment

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