What would happen if....????

[2hip]

I am not naive.  I do not seek trouble.  But.....smile....A lady i correspond with in N. East China thinks she can get a tourist visa to visit USA.  Her sister has one and visits several times a year.  She is very nice lady, respectable, intelligent, and pretty shy nature.  She is in her early 50's.  I am 60 years old and doing alright in every department.

Here is the question she proposed to me.  If she came to the USA on a tourist visa what would happen if the chemistry we think is there is truly there?  She asked if i would marry her.  Of course, this sent the red flags snapping in a high breeze.  I told her that i have done a K-1 before, she died of breast cancer and i have no knowledge as to what troubles we would land in if we did decide to marry while she had her tourist visa.

If she was here and we married.  Gents...what sort of land mine am i stepping on from the legal point of view?  Could they deport her and make me file a K-3?  Or would they allow me to do some sort of extension or change in status to her tourist visa?  If deported and forced to do a K-3...have i pretty much screwed the pooch and immigration will make me take the slow boat to China (literally) and take years to get her here?  If i marry her and we stay under the radar for some time am i in a bad legal position with my government.  i.e., think of the movie "Green Card" ?

I have told her i will contact an immigration attorney.  I told her that there is a website with experienced people who have dealt with the thorny issues involved with BCIS in USA.  I also told her that i have heard it will be extremely difficult for her to get a tourist visa.  She is single and is not wealthy.  But her sister just returned from Los Angeles and she is single but wealthy banker.  I told her that i know that some Tourist companies would be in pretty big trouble if one of their group just defects and can not be found.  It puts them in financial peril and legal problems if it happens.  I also told the lady that we are not the first idiots to think of ways to game the system.  I believe the BCIS  police have seen it all and done it all. 

Please don't waste too much of your efforts about the lady or my chances.  I will deal with that issue and am not naive about women's ways.  I am interested in can it be done and what are the possible side affects?  Please advise...

[ChinaBound]

You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires. The time when you do run into trouble is when you enter the US on a tourist visa with the clear intention of marrying and staying in the US.

You might have heard stories about someone who got married in the US while on a tourist visa, didn't return home, and successfully adjusted his or her status to permanent resident. Why were these people allowed to stay? It is possible to adjust status from a tourist visa or visa waiver, but the people in this scenario were able to prove that they came to the US with honest tourist intentions and happened to make a spur-of-the-moment decision to get married. Proving that you entered the US with no preconceived intent to marry and file for adjustment of status can be difficult but not impossible.

You must remember that coming to the US with the sole intention of getting married in the US and filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they feel has committed visa fraud.

I am wondering why you don't go to China for a visit and see this lady there? You will find it quite a enjoyable adventure when you are there. Plus you get to see her and get to know her better. Can I ask what city she resides in?

[Robertt S]

One other thing to remember is that the burden of proof will be on you and her to prove that this wasn' planned to bypass normal immigration processes. When I see cases like this I usually think either someone is selling a greencard or the possible immigrant is already planning on overstaying leaving you high and dry. You leave yourself open to extortion and possible prosecution also.She or anyone else that has read and printed your post here can possibly blackmail you in the future.If you got plenty of money to pay lawyers to keep you out federal prison or paying high fines, then by all means go for it. Just remember that USCIS actively trolls social media sites looking for posts just like yours.

Good Luck, Robert

[Robertt S]

One more thought, after all the information or lack of  concerning the NSA agency.I would not think for one moment that USCIS/Homeland Security do not share information with each other.This would effectively wipeout any chance of a true private email or any type of private conversations between 2 parties short of actually face to face communication.

[2hip]

Thank you for the heads up on Homeland.  Never even thought of that issue.  Please remember that i noted this was a red flag snapping in a high breeze.
I have told her in the past that I have never done illegal things in the past and never been sued or sued anyone in my whole life.  That it has worked well for me to be honest.  I told her that K-1 or K-3 is the only real way for her to enter the USA.  I think her sister is the one that planted this idea in her head.  She is actually a very nice woman.  Her sister is a wealthy banker whose daughter goes to school here in USA.

That is why i posted my question to you guys.  I respect the accumulation of experiences, collectively, that you have.  I knew that i would get a seasoned view of the topic.  I have been lurking and posting on here for some time.

By the way, the Shark, always entertaining to read on Chnlove...seems to have given up hope of return to the USA and still busy chasing women.  I have been reading his posts for several years.  My oh My...complex man. 

[maxx]

2Hip that is a nice way to say something about the guppy.