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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11514
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My fiance i applied fiance visa is here isn USA on

Customer Question

My fiance for whom i applied fiance visa is here isn USA on tourist visa. Her application is still received and not approved at the immigration.
If I get married to her while she is here on tourist visa and then apply for change of status visa will I have any issues ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, I am James. I will be helping you today. I do not get a salary, so the only thing I ask is that you rate my customer service when we are finished. This is the only way I am compensated for my efforts to help you today. So please do not forget to do that. Also keep in mind that you are not rating the outcome of your question or the state of the law. I have no control over that so my rating should not be based on those things. I see that this may be the first time you are using this service. If you have any questions about how this process works or how to help me get credit for assisting you today, please feel free to ask. I would rather explain it to you than lose out on the credit for my efforts. Also, when you have new questions in the future, make sure to put “FOR JAMES" in your question and the subject line. That way I become your personal Expert.As to your question, it depends on how long ago she came and whether the USCIS suspects that she came as a visitor, intending to immigrate to the US. Was she asked about her purpose of entry when she came in? And if so, did she tell them the truth?
Customer: replied 1 year ago.

When she came she said she is here to visit and she was not asked anything about her fiancee as they could not see the file during immigration.

Expert:  Expert James replied 1 year ago.
When did she enter? And was her intent only to visit when she came? How long ago was the fiance visa petition filed?
Customer: replied 1 year ago.

fiance visa was applied in Nov 2014. And yes her intent when she visited was just to visit as she cannot tell that to immigration officer that she is here to marry me. She entered last week

Expert:  Expert James replied 1 year ago.
Hi there,Sorry for the delay. I was offline by the time you responded. The last question is about her intent when she entered the US, not what she told the US. We know that she should not tell the officer that she intends to stay and get married, but the question was about her intent.One thing is for sure - she should NOT get married to you right now. That is a sure way to get a denial and removal from the US based on immigration visa fraud because she got married as soon as she entered. And it certainly would make her eligibility to come back to the US very hard.If you want to get married while she is here, you can do that. But I would wait until at least 60 days. Even better would be 90 days. That significantly decreases the chances that she would be questioned about her intent when she entered the US as a visitor. Then after you get married, start the marriage based green card process. This is allowed, since she entered the US legally.Note that it does not shield her from questioning completely. The reviewing officer likely will have a record that you have filed a fiance petition for her, which might raise suspicions that she used the tourist visa to enter the US, intending to get married and remain in the US. It will be her job to convince the officer otherwise, if this question comes up. I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, this is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!

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