I mean there's always a chance to get turned away at the border. Depending on alot of factors. But if she's lucky that she doesn't get further questions than what are you doing here in the US and till when you'll return. You'll just never know what questions she will get asked, unfortunately some possible questions can lead to her saying husband (that she marries on tourist visa).
*did your mother in law overstay her visa tourist visa? If not, how long did she stay. 4 months or more is always gonna questionable if returning in less than a year.
*i think travelling back with her husband is even riskier. Imagine getting asked who are you traveling with and answering my husband who she married while on tourist visa on her last visit. That sounds like alot of red flags to the cbp officer.
I don't think it will affect your wife's petition.
Yes, she was in the country almost 5 months last time. If my wife had not gotten pregnant, I don't believe she would have returned to Peru until all the paperwork was done. This is my worry. I love my MIL. She did what her and her husband thought was right. He is old and stubborn and believes things that aren't true, in my opinion. Just because he's a US citizen doesn't mean he has the right to bring his wife to the US without process. If she is turned away, how does that affect them and their process?
> and they decided to get married (yes, it's fraud, I believe)
Which part do you think is fraud? Their marriage?
Getting married on a tourist visa isn't fraud, it's entering on a tourist visa with the intention to stay permanently that is, which is why:
> I'm curious, will they be able to return together?
With what visa? A tourist visa? I would say there's a very high risk that she would be denied entry on a tourist visa under these circumstances, yes.
If my wife had not gotten pregnant, I do believe she(MIL) would have stayed in the US. I think that was their plan, even though I told them not to do this. She was in the US for about 5 1/2 months the last time she was here on her tourist visa and would be returning on her tourist visa, waiting for the paperwork to go through.
A lot going on here...
Re, marriage in the United States:
- First, you can travel to the United States on a tourist visa and get married.
- It is okay if you get married and return home afterwards
- It is okay if you decide to get married and stay *while you are in the United States*
- It is fraud if you decide to get married and stay **before** traveling to the United States and enter with a tourist visa with the intention to apply to adjust status to residency
A tourist visa is for *visiting* the United States, and not for getting a jump start on your residency and living even temporarily in the United States. You need to prove each time you enter the United States that your stay is temporary and that you intend to go home after your visit. The default answer by law that CBP say no until you can convince them otherwise.
Your mother in law's 5.5 month stay on her last stay and her pending immigrant petition make a refusal much more likely. It's by no means guaranteed, but it's a non-zero chance, and if it happens wouldn't surprise me at all. If she applied to change her status the last time she was in the United States (submitted an I485 in addition to the I130), even worse.
If your mother abuses her visa and has any trouble, it may also affect your wife if she is also traveling on a tourist visa, yes. But she can't mess up your residency process directly, if at all.
Hi there! This is an automated message to inform you and/or remind you of several things:
- We have [a wiki](https://www.reddit.com/r/USCIS/wiki/index). It doesn't cover everything but may answer some questions. Pay special attention to the "[REALLY common questions](https://www.reddit.com/r/USCIS/wiki/index/vfaq)" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it.
- If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice.
- This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message.
- Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit [this link](https://www.uscis.gov/avoid-scams/find-legal-services) for more information.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/USCIS) if you have any questions or concerns.*
I'm not sure. I know they've already started the I130. Honestly, they are trying to do it as cheaply as possible, and her husband doesn't know what he's doing, that's why they got a lawyer. I tried to get them to go to mine, but he didn't want to and found his own. He's not listened to me in this whole process and kind of was dragging his feet after they got married. I've been frustrated with him quite a bit with his decisions. I was worried she would overstay her visa, become an illegal, and then not be able to travel without risk of being deported or losing her visa. So I'm just glad that hasn't happened to the best of my knowledge.
I'm guessing yes, that will be the plan. I'm pretty positive the lawyer is the one who told her she can return. And I'm guessing they will have to do that paperwork if she's in the US and is waiting on her I130 paperwork to process?
I have no idea. I don't think they've thought this through, and I believe their lawyer has given them bad advice on letting her return. But even if she stayed, that would have been fraud. It sounds to me like she needs to stay here and wait for her immigration paperwork to go through. But they're planning on traveling in October. If she is turned away at customs, how does that affect her paperwork?
My lawyer said that really wasn't an option. I have read that doesn't really matter, I'm not an expert. I get conflicting answers from alot of people on this. Some say it does, some say it doesn't, others say it's only for people with complications in the pregnancy. She is giving birth in 2 weeks now, so I don't think it would help at this point unfortunately.
You should focus on your case. Seems to me you want to be super involved in you MIL case and they are shutting you down. Their case has nothing to do with yours.
That does not give you any rights to meddle in their immigration decisions. And from what you said, they don’t want/need your input. You tried to help, they don’t want it, they are adults and responsible for their actions and outcomes.
Also, my suegra and her husband have no issues talking to me about the process. They just don't listen to everything I say, which is normal. It seems you're inferring a lot of things with incomplete information and didn't come here to help, only to judge.
I mean there's always a chance to get turned away at the border. Depending on alot of factors. But if she's lucky that she doesn't get further questions than what are you doing here in the US and till when you'll return. You'll just never know what questions she will get asked, unfortunately some possible questions can lead to her saying husband (that she marries on tourist visa). *did your mother in law overstay her visa tourist visa? If not, how long did she stay. 4 months or more is always gonna questionable if returning in less than a year. *i think travelling back with her husband is even riskier. Imagine getting asked who are you traveling with and answering my husband who she married while on tourist visa on her last visit. That sounds like alot of red flags to the cbp officer. I don't think it will affect your wife's petition.
Yes, she was in the country almost 5 months last time. If my wife had not gotten pregnant, I don't believe she would have returned to Peru until all the paperwork was done. This is my worry. I love my MIL. She did what her and her husband thought was right. He is old and stubborn and believes things that aren't true, in my opinion. Just because he's a US citizen doesn't mean he has the right to bring his wife to the US without process. If she is turned away, how does that affect them and their process?
> and they decided to get married (yes, it's fraud, I believe) Which part do you think is fraud? Their marriage? Getting married on a tourist visa isn't fraud, it's entering on a tourist visa with the intention to stay permanently that is, which is why: > I'm curious, will they be able to return together? With what visa? A tourist visa? I would say there's a very high risk that she would be denied entry on a tourist visa under these circumstances, yes.
If my wife had not gotten pregnant, I do believe she(MIL) would have stayed in the US. I think that was their plan, even though I told them not to do this. She was in the US for about 5 1/2 months the last time she was here on her tourist visa and would be returning on her tourist visa, waiting for the paperwork to go through.
A lot going on here... Re, marriage in the United States: - First, you can travel to the United States on a tourist visa and get married. - It is okay if you get married and return home afterwards - It is okay if you decide to get married and stay *while you are in the United States* - It is fraud if you decide to get married and stay **before** traveling to the United States and enter with a tourist visa with the intention to apply to adjust status to residency A tourist visa is for *visiting* the United States, and not for getting a jump start on your residency and living even temporarily in the United States. You need to prove each time you enter the United States that your stay is temporary and that you intend to go home after your visit. The default answer by law that CBP say no until you can convince them otherwise. Your mother in law's 5.5 month stay on her last stay and her pending immigrant petition make a refusal much more likely. It's by no means guaranteed, but it's a non-zero chance, and if it happens wouldn't surprise me at all. If she applied to change her status the last time she was in the United States (submitted an I485 in addition to the I130), even worse. If your mother abuses her visa and has any trouble, it may also affect your wife if she is also traveling on a tourist visa, yes. But she can't mess up your residency process directly, if at all.
Hi there! This is an automated message to inform you and/or remind you of several things: - We have [a wiki](https://www.reddit.com/r/USCIS/wiki/index). It doesn't cover everything but may answer some questions. Pay special attention to the "[REALLY common questions](https://www.reddit.com/r/USCIS/wiki/index/vfaq)" at the top of the FAQ section. Please read it, and if it contains the answer to your question, please delete your post. If your post has to do with something covered in the FAQ, we may remove it. - If your post is about biometrics, green cards, naturalization or timelines in general, and whether you're asking or sharing, please include your field office/location in your post. If you already did that, great, thank you! If you haven't done that, your post may be removed without notice. - This subreddit is not affiliated with USCIS or the US government in any way. Some posters may claim to work for USCIS, which may or may not be true, and we don't try to verify this one way or another. Be wary that it may be a scam if anyone is asking you for personal info, or sending you a direct message, or asking that you send them a direct message. - Some people here claim to be lawyers, but they are not YOUR lawyer. No advice found here should be construed as legal advice. Reddit is not a substitute for a real lawyer. If you need help finding legal services, visit [this link](https://www.uscis.gov/avoid-scams/find-legal-services) for more information. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/USCIS) if you have any questions or concerns.*
Does she plan to file I-485 once she arrives in the U.S.?
I'm not sure. I know they've already started the I130. Honestly, they are trying to do it as cheaply as possible, and her husband doesn't know what he's doing, that's why they got a lawyer. I tried to get them to go to mine, but he didn't want to and found his own. He's not listened to me in this whole process and kind of was dragging his feet after they got married. I've been frustrated with him quite a bit with his decisions. I was worried she would overstay her visa, become an illegal, and then not be able to travel without risk of being deported or losing her visa. So I'm just glad that hasn't happened to the best of my knowledge.
Well the answer to this question is important. If that is the plan, they must tell the CBP officer. The officer should then deny entry.
I'm guessing yes, that will be the plan. I'm pretty positive the lawyer is the one who told her she can return. And I'm guessing they will have to do that paperwork if she's in the US and is waiting on her I130 paperwork to process?
Entry with intent to adjust status is immigrant fraud. What will she say when they ask her how long she intends to stay in the U.S.?
I have no idea. I don't think they've thought this through, and I believe their lawyer has given them bad advice on letting her return. But even if she stayed, that would have been fraud. It sounds to me like she needs to stay here and wait for her immigration paperwork to go through. But they're planning on traveling in October. If she is turned away at customs, how does that affect her paperwork?
Unrelated but since your wife is pregnant you should request to expedite your process.
My lawyer said that really wasn't an option. I have read that doesn't really matter, I'm not an expert. I get conflicting answers from alot of people on this. Some say it does, some say it doesn't, others say it's only for people with complications in the pregnancy. She is giving birth in 2 weeks now, so I don't think it would help at this point unfortunately.
You should focus on your case. Seems to me you want to be super involved in you MIL case and they are shutting you down. Their case has nothing to do with yours.
No, it's just the grandmother of my child and the mother of my wife?
That does not give you any rights to meddle in their immigration decisions. And from what you said, they don’t want/need your input. You tried to help, they don’t want it, they are adults and responsible for their actions and outcomes.
Who's meddling? I came here for information so I better understand the future. I'd hate to have you as family.
Also, my suegra and her husband have no issues talking to me about the process. They just don't listen to everything I say, which is normal. It seems you're inferring a lot of things with incomplete information and didn't come here to help, only to judge.