 |
My wife and I married and Brazil, she legally came to the USA on a tourist visa. We later married here in New York, but since then, her visa expired and now she is here illegally. What papers do I need so she can become a pernanment resident?
Thank you
Quote:
Originally Posted by ncast54
Actually, when one applies for a TOURIST visa they must provide evidence showing that their intention was to come to this country for a VISIT as a TOURIST. Hence the name TOURIST VISA. The intention of such visas is help the U.S. economy by allowing people from other countries to VISIT and then GO HOME, not to try and bring someone over to this country for others reasons such as you just claimed you did. You married this person in another country and then brought her here with the intention of marrying her here in hopes of having her become a citizen, she never had the intention of returning back to her own country. That means somewhere on her application for a TOURIST VISA, and most likely in many places, she must have lied right? My guess is that is not going to look good when you now attempt to make her a "pernanment resident".
Hopefully this helps give you some things to further look into and consider as you move forward. Your question certainly has peeked my interest into such matters and I'll continue to educate myself on immigration laws and what could be done about those who over stay their welcome in this country. :)
Quote:
Originally Posted by ncast54
"A foreigner may enter the US on a different type of visa, and then get married. However, the laws on temporary visitation are clear that the purpose of the visit must be honest. If someone has this intention to marry a US citizen when they first enter the US as a visitor (e.g. on a tourist or student visa) and then plan to remain in the US to live and work, they can be denied admission if immigration finds out that they had concealed this intention at the time of admission. This requires the "tourist" to be quite covert about their intentions, hiding things like engagement rings, photos of the couple together, and large amounts of personal belongings that might signify an interest in moving permanently to the US. It is important for the applicant to keep a clear intention when entering the US on any visa: are they entering to work, to study, to visit as a tourist, to do missionary work, or to immigrate (which is the only status that seems to include everything). Behavior that mixes these codified intents is, at best, frowned upon by immigration, and at worst might ultimately result in denial of visa, entry, adjustment of status, and possible deportation of the foreign national, even after a couple is legally married. They must maintain good records of their relationship and eligibility and show the government no cause whatsoever to believe that the fiancé(e) is not eligible for permanent residency."
So, there's proof you mean that you and this woman clearly lied to obtain a visa? There's a reason visa laws are in place, to keep those who shouldn't be here in their own country. Is it also your intention to lie during your interview to extend this crime, because they will ask both of you about this situation. In case either of you have forgotten what was asked of her when she applied for this fake tourist visa here is some of those question ---
Question #17. What is your marital Status?
Question #18. What is your spouses name?
Question #19. Spouses d.o.b.
Question #26. How long do you plan on staying in the USA?
Question #27. What is the purpose of your trip?
And the part above where she would have signed states as follows... "41. I certify that I have read and understood all the questions set forth in this application and the answers I have furnished on this form are true and correct to the best of my knowledge and belief. I understand that any false or misleading statement may result in the permanent refusal of a visa or denial of entry into the United States. I understand that possession of a visa does not automatically entitle the bearer to enter the United States of America upon arrival at a port of entry if he or she is found inadmissible."
There is a way to ask for forgivness of overstaying your visa, but if they have enough evidence that you intended to lie all along then you should pack her bags for her.
You do know that she could 1. be banned from returning to this country for 3 years or 10 years depending on her length of overstay (180 days for a 3 year ban and 1 year over for a 10 year ban) 2. deported and never allowed to return to this country if found to have lied about her intentions when applying for a tourist visa.
Next time you try to sneak unwanted people into our country you might be more inclined to follow the laws they have established.
| All times are GMT -7. The time now is 01:26 AM. |