Friend is committing immigration fraud

[kris_hetfield 11]

More of an acquaintance really, but oh boy did this make me lose a lot of respect for that guy. He was in my Master's program as an international student and found a job in the US. Now his gf in India is applying for a degree here as well and he intends to marry her when she reaches the US.

I myself am going through the experience of bringing a loved one here and have read the stories of other on this forum as well as the difficulties and hardships they face doing the same thing as me.

I gave him the benefit of the doubt, but mentioned that what he's doing is considered immigration fraud and they will probably ask her at the interview if she knows anyone in the US. In which case, she has a sister here but she should be honest and mention the fact that her boyfriend works here as well. But he's coached her omit that bit.

These are the people that just give the rest of us who want to immigrate here legally a bad name.

Edited October 18, 2016 by kris_hetfield

[Ben&Zian 4,397]

Advise him of the issues that will surface when they try to adjust status if she's going to blatantly lie during the interview if asked.

Not a smart move on your "friends" part.

[usmsbow 795]

I'm sorry, but where is the fraud? That she's coming here as a student, but her real intention is to get married here? Or what exactly? You don't mention anything about adjustment of status or anything along those lines, so sounds like two people in love, wanting to be together that will study here in the US and then who knows what...

Edited October 18, 2016 by usmsbow

[Boiler 43,425]

They ask about immediate family, not normally about Friends.

So common that VJ has a whole section to deal with this and there are many threads from people who have entered on a F1 and have stayed.

[kris_hetfield 11]

Advise him of the issues that will surface when they try to adjust status if she's going to blatantly lie during the interview if asked.

Not a smart move on your "friends" part.

You bet I did.

I'm sorry, but where is the fraud? That she's coming here as a student, but her real intention is to get married here? Or what exactly? You don't mention anything about adjustment of status or anything along those lines, so sounds like two people in love, wanting to be together that will study here in the US and then who knows what...

I know that this person's plan is to apply for a green card. He enrolled in a STEM program due to the higher likelihood of obtaining the H1B and transitioning to the green card. He talks about living in the US for the rest of his life basically so I think it's safe to assume he wants to marry her and then she can stay here on a greencard. It's not fraud to want to get an education, but she is also coming with the intent of getting married. An F1 doesn't cover that intent.

[Harpa Timsah 13,258]

but she is also coming with the intent of getting married. An F1 doesn't cover that intent.

Yes it does. Anyone can get married in the US.

[Georgia16 2,858]

You bet I did.

I know that this person's plan is to apply for a green card. He enrolled in a STEM program due to the higher likelihood of obtaining the H1B and transitioning to the green card. He talks about living in the US for the rest of his life basically so I think it's safe to assume he wants to marry her and then she can stay here on a greencard. It's not fraud to want to get an education, but she is also coming with the intent of getting married. An F1 doesn't cover that intent.

So he is not a USC??

[Boiler 43,425]

I wonder what percentage of F1 Students intend staying? I would imagine it is pretty high.

I assume that the BF converted to a work visa at some point and is hoping to be sponsored for a GC.

Possibly but unlikely that his status would allow her to work.

[Katherine93 30]

It could take a few years before he get the actual green card though his job. I honestly don't see the problem of him bringing his gf here and marrying her.

You said you are in the process of bringing a loved one here also. Is that double standard then?

Edited October 18, 2016 by Katherine93

[jostermacedo 52]

I don't see any fraud here. He is in the US under a F1 Visa and his girlfriend will come also come under a F1 Visa. If they get married and later he gets a H1B or GC where is the fraud? He is not an US Citizen, so if she comes and marries him she sill get no immigration benefits until he is a PR.

What is the immigration fraud when someone comes to the US under any visa and gets married to a non-USC or non-PR? I'm not getting it.

You bet I did.

I know that this person's plan is to apply for a green card. He enrolled in a STEM program due to the higher likelihood of obtaining the H1B and transitioning to the green card. He talks about living in the US for the rest of his life basically so I think it's safe to assume he wants to marry her and then she can stay here on a greencard. It's not fraud to want to get an education, but she is also coming with the intent of getting married. An F1 doesn't cover that intent.

[Russ&Caro 1,548]

I agree with the people who aren't seeing the fraud here. I have had several friends who have followed the path of: 1) student visa > 2) work visa > 3) marrying a spouse from their home country > 4) spouse obtaining a legal visa > 5) green card sponsorship > 6) citizenship.

Yup, people who come here on any visa often consider going through legal means to stay here permanently. Not a big surprise.

p.s. OP, if you're feeling a bit embarrassed by opening the thread, you can instruct the mods to close it.

Edited October 18, 2016 by Russ&Caro

[Unlockable 7,306]

Not really a huge case of fraud. If his gf gains entry legally they can get married. If he finds a company to sponsor him he would be able to stay.

There are lots cases of immigrants on student and work visas who marry.

[kris_hetfield 11]

I don't see any fraud here. He is in the US under a F1 Visa and his girlfriend will come also come under a F1 Visa. If they get married and later he gets a H1B or GC where is the fraud? He is not an US Citizen, so if she comes and marries him she sill get no immigration benefits until he is a PR.

What is the immigration fraud when someone comes to the US under any visa and gets married to a non-USC or non-PR? I'm not getting it.

He is a PR.

[Boiler 43,425]

He is a PR.

So they marry she has to maintain F1 for c 2 years until she can adjust.

[kris_hetfield 11]

So they marry she has to maintain F1 for c 2 years until she can adjust.

I see. It just seemed like it was going through a loophole. Anyways this thread has been enlightening.

To Mod: Feel free to close thread.