Advice please

[geowrian 22,335]

14 minutes ago, Georgia16 said:

No it's not but it's visa fraud if he comes on a tourist visa get married and adjust status planned. 

 

Everyone can get married on a tourist visa if they would like nothing wrong with that.

Correct. That said, the likelihood of CBP believing you will return home when you you plan on marrying is pretty slim.

[David & Diana R 1,005]

1 hour ago, Bishopswife said:

I'm getting married to a foreign husband. He's been to the US twice already. His coming in April will be when we plan to marry. Would it be ok if we married in May?  What all do we need to do in order to prove it's a bonafide marriage? He will be entering on his tourist visa but given that he's been to America before it shouldn't be visa fraud. What steps do we need to take after marriage? And do we NEED to have an attorney?

VISA FRAUD.  He cannot come here with the intention of marrying you and staying.  He could come and propose to you then go back home and you could apply for a K-1 visa.  Or I guess you could get married and he returnes home afterward and you apply for a CR-1.  But the K-1 would be faster. 

[NewBrunswicker 19]

4 hours ago, Dutchster said:

Tourist visa is for touristic things like going on a holiday to the US. It doesn't mean marry and stay, sounds logical - right?

Where is this attitude coming from. Give her a break. She got the word in the first comment I am pretty sure.

[caliliving 606]

omg, everyne here is so crazy! its like 'oh, we did it the right way so we need to just yell at everyone else'

this person clearly didnt know that was illegal!! do u know how many people think u can just come here and get married?? not everyone reads the guides first!!!

but i will say, lots of people come here to visit and plans change.. it happens.. i knoe people that came for a visit and decided 2 weeks later to get married.. it happens.. but no, if you are planning to get married then file the K1 visa and depending on the country it can take 4-6 months right now.

 

im also willing to bet, that if 90% of the people on here could get a tourist visa.. the overstay rate would go up and the K1 rate would go down. so dont be so harsh just because some people do come for a visit and change their minds and AOS. 

 

 

Edited January 20, 2017 by caliliving

[geowrian 22,335]

8 minutes ago, caliliving said:

im also willing to bet, that if 90% of the people on here could get a tourist visa.. the overstay rate would go up and the K1 rate would go down. so dont be so harsh just because some people do come for a visit and change their minds and AOS. 

This isn't about coming to the US and changing your mind, or meeting somebody here. This is about coming to the US for the purpose of immigrating here. There's a huge difference.

[Dutchster 1,106]

Cali. This is not about changing your mind all of the sudden WHILE being IN the United States on a tourist visa. As said above, this is entering the US on a tourist visa with the intention to adjust status. It's immigration fraude and against VJ TOS. 

[MacUK 983]

17 hours ago, Roel said:

Its STILL A visa fraud if he comes on the tourist visa and adjust.

I can't believe how often this pops up on this forum...

Because there are many websites, forums and even lawyers who recommend this route.

Even this forum, even though it is explicitly forbidden to discuss fraudulent activities. If you google AoS from tourist visa then this forum comes up on the first page and for every poster that advises on the illegality of entering with intent there are at least two who'll bring up the 'intent alone cannot be used to deny' line.

It's no wonder people get confused.

[Russ&Caro 1,548]

11 hours ago, caliliving said:

omg, everyne here is so crazy! its like 'oh, we did it the right way so we need to just yell at everyone else'

this person clearly didnt know that was illegal!! do u know how many people think u can just come here and get married?? not everyone reads the guides first!!!

but i will say, lots of people come here to visit and plans change.. it happens.. i knoe people that came for a visit and decided 2 weeks later to get married.. it happens.. but no, if you are planning to get married then file the K1 visa and depending on the country it can take 4-6 months right now.

 

I wouldn't be too sure that everyone screaming "fraud" necessarily "did it the right way". Some people simply enjoy pulling up the ladder after they receive a benefit.

[Jawaree 717]

18 hours ago, Bishopswife said:

I'm getting married to a foreign husband. He's been to the US twice already. His coming in April will be when we plan to marry. Would it be ok if we married in May?  What all do we need to do in order to prove it's a bonafide marriage? He will be entering on his tourist visa but given that he's been to America before it shouldn't be visa fraud. What steps do we need to take after marriage? And do we NEED to have an attorney?

He visit as a toiurist as always,  you both can get married while here as a tourist, after marriage you file spouse petition, he returns

o his country to wait out the processing time.If CBP ask nothing about marriage, and its mentioned to them he's donna get marry, theres a liklihood

that he may not enter .Its important to always be honest with CBP but dont raise red-flags when there is none....Usually a str6 forward honest

case as this would not rreaaly need an atty to fill out petition forms if one has good comprehension skills and can fill out a form plus follow instructions.

 

To come in as a tourists & plan to  afjust while in the country is considered fraud

[Therealworld 90]

if you come on a tourist visa with the intentions of getting married in otherwords you know this in advance and it is your reason for the trip yes it is fraud.  Now if you were in the country visiting and you met someone for the first time on your visit that is different, yet you would still have to return to your country to be filed for. 

[Prystine 184]

1 hour ago, babygurl said:

if you come on a tourist visa with the intentions of getting married in otherwords you know this in advance and it is your reason for the trip yes it is fraud.  Now if you were in the country visiting and you met someone for the first time on your visit that is different, yet you would still have to return to your country to be filed for. 

the Intention of marrying in itself is not fraud, you can come into the US and get married on a tourist visa as long as they leave and go back to their own country, what is fraud is the intention to stay and AoS once they are married. Please do not confuse the two as they are different things. This is also true for several other countries as well. You can go to another country and get married but that doesn't mean that you can stay.

[Therealworld 90]

Hi Prystine,

 

Some immigration officers will state your reason for going over was to marry not to visit.  Its almost like when applying for a visitor visa if he stated he was going over to visit and get married he would have been denied a visa.  I would be very careful, because immigration looks for ways to deny and this is one thing they can call out.  It will be a shame for the person if her case was denied or very delayed because of this

[Therealworld 90]

at the same time if you tell immigration at the airport you are visiting to get married, I don't think they will let you through without having a K! visia.

[Dutchster 1,106]

16 hours ago, NewBrunswicker said:

Where is this attitude coming from. Give her a break. She got the word in the first comment I am pretty sure.

With all due respect, this was not typed with an attitude. It's just summing something up that might have turned out a little sassier than I thought.

[LionessDeon 2,060]

8 minutes ago, Dutchster said:

With all due respect, this was not typed with an attitude. It's just summing something up that might have turned out a little sassier than I thought.

It didn't sound sassy or with attitude.  Whenever VJers try to explain without rainbows, sunshine and unicorns people go crazy.  It's all in the interpretation. I completely understood what you meant.