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I was trying to understand what exactly constitutes visa fraud.

 

An Attorney explained to me that it occurs when an individual is squiring the Visa. Not, when utilizing the tourist visa to enter the US.

 

My Fiance has had a tourist visa since 2014. We were engaged outside the US and entered on the Tourist Visa. We are hoping to be married before it expires (tourist visa.)

 

An Attorney said that since when she obtained the Visa it wasn't for purposes of entering the country to be married it does not constitute Visa fraud.

 

I was concerned that when we go through the interview process when they ask when we were engaged, and we respond prior to her entering the US, it could imply some sort of fraud.

 

Has anyone had any experience with this?

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As long as the intent when entering on the tourist visa wasn't to stay and the marriage and AOS is a spur of the moment thing then you're fine.

 

It is using the tourist visa to come and stay that is fraud.

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I am a US Citizen.

 

Basically we were engaged in her native country, she has come here and returned home since then, and returned here again to spend the holidays. Why were going to wait and plan a long engagement we now don't want to say goodbye and prefer a courthouse spur of the moment.

 

The attorney said that this would not be considered visa fraud, as we made the decision after she entered and spent 3+ months here. That us being engaged prior to her entering on the tourist visa would only be a problem if questioned by Customs officials.

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6 minutes ago, bmore56 said:

I am a US Citizen.

 

Basically we were engaged in her native country, she has come here and returned home since then, and returned here again to spend the holidays. Why were going to wait and plan a long engagement we now don't want to say goodbye and prefer a courthouse spur of the moment.

 

The attorney said that this would not be considered visa fraud, as we made the decision after she entered and spent 3+ months here. That us being engaged prior to her entering on the tourist visa would only be a problem if questioned by Customs officials.

you're good to marry and AOS.  once she's here they cannot deny for intent

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9 minutes ago, bmore56 said:

Basically we were engaged in her native country, she has come here and returned home since then, and returned here again to spend the holidays. Why were going to wait and plan a long engagement we now don't want to say goodbye and prefer a courthouse spur of the moment.

 

The attorney said that this would not be considered visa fraud, as we made the decision after she entered and spent 3+ months here. That us being engaged prior to her entering on the tourist visa would only be a problem if questioned by Customs officials.

Attorney is correct. 

Now if Customs had specifically asked if she intended to overstay and she said no, that could've been a headache. 

 

Off topic.. bear in mind future applicants from fiance's home country would have a higher B2 bar because your fiance used a tourist visa to AOS

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On 1/3/2017 at 3:07 PM, bmore56 said:

I was trying to understand what exactly constitutes visa fraud.

 

An Attorney explained to me that it occurs when an individual is squiring the Visa. Not, when utilizing the tourist visa to enter the US.

 

My Fiance has had a tourist visa since 2014. We were engaged outside the US and entered on the Tourist Visa. We are hoping to be married before it expires (tourist visa.)

 

An Attorney said that since when she obtained the Visa it wasn't for purposes of entering the country to be married it does not constitute Visa fraud.

 

I was concerned that when we go through the interview process when they ask when we were engaged, and we respond prior to her entering the US, it could imply some sort of fraud.

 

Has anyone had any experience with this?

You are allowed to marry on a visitors visa.. There is no law stating you can't marry on a visitors visa. And intent is only a CBP officer guideline and cannot be grounds for denial at a AOS interview. Visa fraud is lying to CONOFF about intention for applying for a tourist visa. If you had obtain the visa and gotten married on your first visit then that could be classified as visa fraud. But as far as I understand that was not the situation so you don't have a visa fraud problem!

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