Risk of denial into U.S. after repeated trips on non-immigrant tourist visa

[rockyourd 0]

Basically, here's the situation:

My girlfriend is in the Czech Republic, and I am in Los Angeles. She has a ten-year tourist visa which allows her to come and go 6 months at a time (I realize, not a guarantee). She has been here (Boston, actually) once already in November for a month, and is coming in two weeks to LA, for three weeks. She then plans on coming again in June, and we plan on getting married a couple of months into her being here, and then apply for an Adjustment of Status. I have consulted an attorney and I know that my option is either this or a K1 visa, which I cannot begin to imagine having to wait for. My question is simply this:

What is the likelihood that she will get denied entry upon her third trip to the States? She will say she is visiting a friend since she recently finished school and will not start working until September, and she will have a return plane ticket home.

So, has anyone here been denied entry based on coming too frequently/too many times?

Many thanks,

I

[YuAndDan 153]

Basically, here's the situation:

My girlfriend is in the Czech Republic, and I am in Los Angeles. She has a ten-year tourist visa which allows her to come and go 6 months at a time (I realize, not a guarantee). She has been here (Boston, actually) once already in November for a month, and is coming in two weeks to LA, for three weeks. She then plans on coming again in June, and we plan on getting married a couple of months into her being here, and then apply for an Adjustment of Status. I have consulted an attorney and I know that my option is either this or a K1 visa, which I cannot begin to imagine having to wait for. My question is simply this:

What is the likelihood that she will get denied entry upon her third trip to the States? She will say she is visiting a friend since she recently finished school and will not start working until September, and she will have a return plane ticket home.

So, has anyone here been denied entry based on coming too frequently/too many times?

Many thanks,

I

What you propose REQUIRES a K-1 visa, using a visitor's visa with the INTENT to immigrate is visa fraud. The Adjustment of status can be DENIED if visa fraud is determined.

K-Visas for the most part get AOS approved without an interview because the visa has immigrant intent, and the visa has the added immigrant interview to get the K-Visa.

Moving this to the correct forum "WorK/Travel" fourn is for questions dealing with filing for EAD and AP docs.

[♥Stiggy♥ 0]

This is fraud.

You can not come to the USA with the intent to stay, as a tourist.

If she were to attempt this, and adjust status, the fact she has no job back home to go to will not help her case at all to show ties back home. And the fact she would be barred from entering the USA again for a long time

[Badgerella 5]

Except that it's really hard to prove INTENT if no intent is shown.

So, yes, okay, it's illegal.

Can anyone prove it? Nope. Just like no one can prove that there was no intent.

Edited February 22, 2009 by Badgerella

[Bobby+Umit 161]

Except that it's really hard to prove INTENT if no intent is shown.

So, yes, okay, it's illegal.

Can anyone prove it? Nope. Just like no one can prove that there was no intent.

Burden of proof is on the petitioner, not USCIS.

Carry on at your own risk.

I know of one case personally that ended up with a three year ban, after they tried this "visitor" to "marriage" ploy.

[amberL 0]

Basically, here's the situation:

My girlfriend is in the Czech Republic, and I am in Los Angeles. She has a ten-year tourist visa which allows her to come and go 6 months at a time (I realize, not a guarantee). She has been here (Boston, actually) once already in November for a month, and is coming in two weeks to LA, for three weeks. She then plans on coming again in June, and we plan on getting married a couple of months into her being here, and then apply for an Adjustment of Status. I have consulted an attorney and I know that my option is either this or a K1 visa, which I cannot begin to imagine having to wait for. My question is simply this:

What is the likelihood that she will get denied entry upon her third trip to the States? She will say she is visiting a friend since she recently finished school and will not start working until September, and she will have a return plane ticket home.

So, has anyone here been denied entry based on coming too frequently/too many times?

Many thanks,

I

if she is coming to LA in 2 weeks why not begin to file for the K1 then? you will have to wait longer then you had initially planned to get married but not by much if you started the K1 /K3 procedure after June. And I guess you really have to ask yourself if you are willing to have a 3 year ban :S seems like waiting for the K1 like many other people are currently doing is a lot less stressful than a 3 year ban, anyways VJ is really supportive and if its meant to be you can get through the K1 wait. Prolly makes yoiu stronger as a couple but thats just my opinion...

[TimandJoyce 1]

Burden of proof is on the petitioner, not USCIS.

Carry on at your own risk.

I know of one case personally that ended up with a three year ban, after they tried this "visitor" to "marriage" ploy.

Personally, knowing that there are lots of people that do get deported, whether married or not..isn't worth the risk...

A friend of mine that married an American, says that she knows of someone, who is being deported, after being married 3 years....AND is pregnant....don't know the details to all...but obviously..they must of though they could "trick" the system...

Hope everything works out alright for you two!!

[Badgerella 5]

Except that it's really hard to prove INTENT if no intent is shown.

So, yes, okay, it's illegal.

Can anyone prove it? Nope. Just like no one can prove that there was no intent.

Burden of proof is on the petitioner, not USCIS.

Carry on at your own risk.

I know of one case personally that ended up with a three year ban, after they tried this "visitor" to "marriage" ploy.

Everything is supposed to be done at your own risk, no? And the burden of proof is always on the petitioner, while COs do it as they please.

Intent or no intent is a very moot point.

I know of no cases at all that ended up not succeeding. Can't say that I know of many who have, though, either, because people from here don't really tend to go to the US in the first place.

[KimandRuss 0]

To enter the U.S. on any other visa besides a K-1 (or a dual intent visa) with the intention of marrying and then immigrating (filing AOS) is immigration fraud and it is against the law. Misrepresentation is punishible by ban. Do you really want to risk that? Some people, even lawyers, suggest this as an alternative to waiting out a K-1 but that does not change the fact that it is against the law. To propose one does this or to support the idea of this is against the VJ TOS as well.

[Chica Yeyé 41]

Basically, here's the situation:

My girlfriend is in the Czech Republic, and I am in Los Angeles. She has a ten-year tourist visa which allows her to come and go 6 months at a time (I realize, not a guarantee). She has been here (Boston, actually) once already in November for a month, and is coming in two weeks to LA, for three weeks. She then plans on coming again in June, and we plan on getting married a couple of months into her being here, and then apply for an Adjustment of Status. I have consulted an attorney and I know that my option is either this or a K1 visa, which I cannot begin to imagine having to wait for. My question is simply this:

What is the likelihood that she will get denied entry upon her third trip to the States? She will say she is visiting a friend since she recently finished school and will not start working until September, and she will have a return plane ticket home.

So, has anyone here been denied entry based on coming too frequently/too many times?

Many thanks,

I

Oh, how cool. Announcing intent to commit visa fraud on an internet message board. Smart, really smart.

[ACINLOVE 2]

YuandDan wrote:

"K-Visas for the most part get AOS approved without an interview because the visa has immigrant intent, and the visa has the added immigrant interview to get the K-Visa."

Is that true? Will we receive our green card without the interview? This would be great because it scares me!

[Old Dominion 26]

In addition to the risk, it's best to begin being honest with USCIS right away. Trying to cut corners illegally can become habit-forming.

[HighwayStar 0]

YuandDan wrote:

"K-Visas for the most part get AOS approved without an interview because the visa has immigrant intent, and the visa has the added immigrant interview to get the K-Visa."

Is that true? Will we receive our green card without the interview? This would be great because it scares me!

No need to be scared! If you have a real relationship, you will have no problems at the interview. I know I didn't, on the contrary.

[Minya's wife 24]

Basically, here's the situation:

My girlfriend is in the Czech Republic, and I am in Los Angeles. She has a ten-year tourist visa which allows her to come and go 6 months at a time (I realize, not a guarantee). She has been here (Boston, actually) once already in November for a month, and is coming in two weeks to LA, for three weeks. She then plans on coming again in June, and we plan on getting married a couple of months into her being here, and then apply for an Adjustment of Status. I have consulted an attorney and I know that my option is either this or a K1 visa, which I cannot begin to imagine having to wait for. My question is simply this:

What is the likelihood that she will get denied entry upon her third trip to the States? She will say she is visiting a friend since she recently finished school and will not start working until September, and she will have a return plane ticket home.

So, has anyone here been denied entry based on coming too frequently/too many times?

Many thanks,

I

Your attorney just advised you to commit visa fraud, I would be wary of accepting advice from such a one.

There is no specific answer to your question, because a visa is no guarantee for entry into the US. A tourist visa holder can be denied entry at the POE anytime. It depends on the decision of the CPB officer at that time. I know people this has happened to. IMO, its not worth the risk...to come all the way here and to be denied entry would break my heart worse than the long wait for the K-1.

-P