Green Card holder wants to bring over her overseas fiancé
A woman who has received a Permanent Resident Card ("green card") posted a question to the r/immigration discussion forum on Reddit regarding her overseas fiancé.
He is an EU citizen who is currently in Australia but plans to return soon to Europe. They want to get married in the United States and live here.
“Plan A” was for him to come here on a tourist visa and then they would get married. Then he would apply for a green card, which would authorize him to work in the U.S.
There is a very big problem with Plan A: He has already applied for Electronic System for Travel Authorization (ESTA) and his application was denied. ESTA is an automated system operated by the Department of Homeland Security, used to determine the eligibility of nationals of Visa Waiver Program countries to travel to the U.S. ESTA helps determine whether such visitors would create a law enforcement or security risk if they were admitted into the country.
She does not explain why his application was denied. Before anyone offers helpful advice they should really ask why that happened, but Reddit is in ProgressiveLand, where asking questions like “Are you terrorists?” is considered impolite at a minimum.
She requests advice regarding “Plan B”, wherein he would travel to the United States on a tourist visa (a B-2 visa). After his arrival they would get married and then he would apply for a green card.
B-2 Visa Fraud
Tourists enter on temporary visas which are not for people who plan to marry and live in the U.S. Visitors who pose as a tourists with the hidden intention of remaining in the United States commit visa fraud.
The B-2 tourist visa is a nonimmigrant visa. Using it to enter the United States with the intention of getting married and applying for a green card is therefore visa fraud.
Authorization to reside permanently in the United States is one type of “immigration benefit” offered by the federal government. Fraud or willful misrepresentation made in connection with obtaining an immigration benefit are grounds of inadmissibility to the U.S.
An alternative, legal path
A Redditor on r/immigration advises the couple to get married, either in the U.S. or in the European country her fiancé belongs to. The original poster should then submit to U.S. Customs and Immigration Services form I-130, Petition for Alien Relative. Form I-130 is used by U.S. citizens and lawful permanent residents who want their spouses to get a green card and remain in the United States permanently.