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Immigration Vs tourist visa

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Wubzywub Explorer

Wubzywub   0

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Filed: Timeline
Posted
Advising the op to have her fiance come on a tourist visa with the intent to immigrate is a violation of the TOS. This is visa fraud since a tourist vise is a non-immigrant visa for a specific period of time and then the person would leave the US.

Please do not advise people to do things that are illegal and could result in a life time ban from entry into the US.

How do you prove intent? when he's coming here to take an exam? A bunch of baloney.. More than one way to skin a cat.

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Advising the op to have her fiance come on a tourist visa with the intent to immigrate is a violation of the TOS. This is visa fraud since a tourist vise is a non-immigrant visa for a specific period of time and then the person would leave the US.

Please do not advise people to do things that are illegal and could result in a life time ban from entry into the US.

How do you prove intent? when he's coming here to take an exam? A bunch of baloney.. More than one way to skin a cat.

You do not prove intent... you must disprove intent... because intent is presumed. The burden is on the applicant and not on the government.

YMMV

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Wubzywub Explorer

Wubzywub   0

Posted
Filed: Timeline
Posted
Advising the op to have her fiance come on a tourist visa with the intent to immigrate is a violation of the TOS. This is visa fraud since a tourist vise is a non-immigrant visa for a specific period of time and then the person would leave the US.

Please do not advise people to do things that are illegal and could result in a life time ban from entry into the US.

How do you prove intent? when he's coming here to take an exam? A bunch of baloney.. More than one way to skin a cat.

You do not prove intent... you must disprove intent... because intent is presumed. The burden is on the applicant and not on the government.

Ask any immigration atty.. this senario is allowable

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Advising the op to have her fiance come on a tourist visa with the intent to immigrate is a violation of the TOS. This is visa fraud since a tourist vise is a non-immigrant visa for a specific period of time and then the person would leave the US.

Please do not advise people to do things that are illegal and could result in a life time ban from entry into the US.

How do you prove intent? when he's coming here to take an exam? A bunch of baloney.. More than one way to skin a cat.

You do not prove intent... you must disprove intent... because intent is presumed. The burden is on the applicant and not on the government.

Ask any immigration atty.. this senario is allowable

ask any applicant who tried and was denied.....

YMMV

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Chica Yeyé Grand Master

Chica Yeyé   41

Posted
Filed: Timeline
Posted
Advising the op to have her fiance come on a tourist visa with the intent to immigrate is a violation of the TOS. This is visa fraud since a tourist vise is a non-immigrant visa for a specific period of time and then the person would leave the US.

Please do not advise people to do things that are illegal and could result in a life time ban from entry into the US.

How do you prove intent? when he's coming here to take an exam? A bunch of baloney.. More than one way to skin a cat.

You do not prove intent... you must disprove intent... because intent is presumed. The burden is on the applicant and not on the government.

Ask any immigration atty.. this senario is allowable

:rolleyes: What part of against the Terms of Service of this website to provide advise or endorsement to illegal activity you are not getting?

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Wubzywub Explorer

Wubzywub   0

Posted
Filed: Timeline
Posted
Advising the op to have her fiance come on a tourist visa with the intent to immigrate is a violation of the TOS. This is visa fraud since a tourist vise is a non-immigrant visa for a specific period of time and then the person would leave the US.

Please do not advise people to do things that are illegal and could result in a life time ban from entry into the US.

How do you prove intent? when he's coming here to take an exam? A bunch of baloney.. More than one way to skin a cat.

You do not prove intent... you must disprove intent... because intent is presumed. The burden is on the applicant and not on the government.

Ask any immigration atty.. this senario is allowable

:rolleyes: What part of against the Terms of Service of this website to provide advise or endorsement to illegal activity you are not getting?

Applicant? I bet they didn't use an attorney and went on the cheap.. thats why

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belinda63 Experienced

belinda63   2,981

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Rdan from reading your other posts it is obvious you are using the illegal coming on a tourist visa with the intent to immigrate route for your parents. Good luck to you and it might be possible for them to adjust status

OR it might be possible they will be denied for misrepresentation and given a lifetime ban from the US.

Yes it does work for some people and it does not work for some people but the consequences of failure are severe. The fact that they are engaged and/or married at the time he enters the country is a sign of intent to immigrate. If he cannot prove ties that he intends to return to India such as a home, lease, job, school, these are all signs of intent to immigrate.

How do you prove you did not intend to immigrate if you have in your home country no job, no home or apartment, no school, you have closed your bank accounts or have little money in them, you have suitcases, etc.

I waited more than two years for my fiance to obtain his visa and I personally am upset that you think all a person has to do is get a tourist visa and immigrate bypassing all the paperwork, security checks, waiting, etc to come here.

It is people like you and the ones who do as you suggest that clog the system and make it so much more difficult to obtain tourist visas for legitimate visitors.

EVERYONE is assumed when given a visa to have the intent to immigrate to the US. It is the duty of the person applying for the visa to prove they do not/did not intend to immigrate.

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visacheck Collaborator

visacheck   3

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

Rdan,

Yes we all know that it happens all the time and is allowed by USCIS, adjusting from tourist visa. I adjusted from tourist visa. They are not questioning the legality or illegality of that. What everybody is saying is that you can not give an advise to anyone here on VJ to commit visa fraud because that is against the terms of service of VJ. Simple as that.

Edited by visacheck

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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visacheck Collaborator

visacheck   3

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Advising the op to have her fiance come on a tourist visa with the intent to immigrate is a violation of the TOS. This is visa fraud since a tourist vise is a non-immigrant visa for a specific period of time and then the person would leave the US.

Please do not advise people to do things that are illegal and could result in a life time ban from entry into the US.

How do you prove intent? when he's coming here to take an exam? A bunch of baloney.. More than one way to skin a cat.

You do not prove intent... you must disprove intent... because intent is presumed. The burden is on the applicant and not on the government.

Again Rdan19, this is correct. intent is always presumed.

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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Wubzywub Explorer

Wubzywub   0

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Filed: Timeline
Posted
Rdan from reading your other posts it is obvious you are using the illegal coming on a tourist visa with the intent to immigrate route for your parents. Good luck to you and it might be possible for them to adjust status

OR it might be possible they will be denied for misrepresentation and given a lifetime ban from the US.

Yes it does work for some people and it does not work for some people but the consequences of failure are severe. The fact that they are engaged and/or married at the time he enters the country is a sign of intent to immigrate. If he cannot prove ties that he intends to return to India such as a home, lease, job, school, these are all signs of intent to immigrate.

How do you prove you did not intend to immigrate if you have in your home country no job, no home or apartment, no school, you have closed your bank accounts or have little money in them, you have suitcases, etc.

I waited more than two years for my fiance to obtain his visa and I personally am upset that you think all a person has to do is get a tourist visa and immigrate bypassing all the paperwork, security checks, waiting, etc to come here.

It is people like you and the ones who do as you suggest that clog the system and make it so much more difficult to obtain tourist visas for legitimate visitors.

EVERYONE is assumed when given a visa to have the intent to immigrate to the US. It is the duty of the person applying for the visa to prove they do not/did not intend to immigrate.

Hey my parent got their tourist visa months and months before I got my citizenship. So their intent was to visit the good old US of A and have some apple pie. They happen to change their minds and stay here on a permanent basis.. Like the 1000's of others in the similar situation.

They spent 10s of thousand of dollars here already on touristy stuff, and shopping.. Inputting into the economy. They got screened like everyone else at the embassy. Lots of people dont get the visa because they are poor.

To each their own..

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Usui Takumi Veteran

Usui Takumi   1,562

Posted
Filed: Other Country: Afghanistan
 Timeline
Posted (edited)

Yawn, I thought we already went through this - intent to immigrate on a tourist visa is illegal and is visa fraud....but it is not presumed....the burden of proving fraud lies with the government.

RD they want to get married and move to the US therefore its fraud case closed!

Edited by Sousuke
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Wubzywub Explorer

Wubzywub   0

Posted
Filed: Timeline
Posted
Rdan from reading your other posts it is obvious you are using the illegal coming on a tourist visa with the intent to immigrate route for your parents. Good luck to you and it might be possible for them to adjust status

OR it might be possible they will be denied for misrepresentation and given a lifetime ban from the US.

Yes it does work for some people and it does not work for some people but the consequences of failure are severe. The fact that they are engaged and/or married at the time he enters the country is a sign of intent to immigrate. If he cannot prove ties that he intends to return to India such as a home, lease, job, school, these are all signs of intent to immigrate.

How do you prove you did not intend to immigrate if you have in your home country no job, no home or apartment, no school, you have closed your bank accounts or have little money in them, you have suitcases, etc.

I waited more than two years for my fiance to obtain his visa and I personally am upset that you think all a person has to do is get a tourist visa and immigrate bypassing all the paperwork, security checks, waiting, etc to come here.

It is people like you and the ones who do as you suggest that clog the system and make it so much more difficult to obtain tourist visas for legitimate visitors.

EVERYONE is assumed when given a visa to have the intent to immigrate to the US. It is the duty of the person applying for the visa to prove they do not/did not intend to immigrate.

Besides Iran is not a friendly country to the US.. More hostiles there than the Philippines. Your fiancee probably did their interview in Jordan, that's why the long wait.

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Usui Takumi Veteran

Usui Takumi   1,562

Posted
Filed: Other Country: Afghanistan
 Timeline
Posted

RDan -

VISA FRAUD - VISA FRAUD - - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD - VISA FRAUD

GOT IT?!

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HannahP Proficient

HannahP   119

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
Rdan,

Yes we all know that it happens all the time and is allowed by USCIS, adjusting from tourist visa. I adjusted from tourist visa. They are not questioning the legality or illegality of that. What everybody is saying is that you can not give an advise to anyone here on VJ to commit visa fraud because that is against the terms of service of VJ. Simple as that.

Technically, applying for a tourist with the intent of marrying and adjusting once you get to the US /is/ illegal. TOS or not. ;)

This was actually how my lawyer-brother advised me! He had a friend with a penchant for RUS-B women who ended up meeting, marrying, and adjusting with illegal intent.

Look, I'm one of those people that will run a red stoplight in the middle of nowhere. BUT I put a stop at any possible visa fraud. It's simply too big a of a risk...

we met: 07-22-01

engaged: 08-03-06

I-129 sent: 01-07-07

NOA2 approved: 04-02-07

packet 3 sent: 05-31-07

interview date: 06-25-07 - approved!

marriage: 07-23-07

AOS sent: 08-10-07

AOS/EAD/AP NOA1: 09-14-07

AOS approved: 11-19-07

green card received: 11-26-07

lifting of conditions filed: 10-29-09

NOA received: 11-09-09

lifting of conditions approved: 12-11-09

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Nik+Heather Experienced

Nik+Heather   121

Posted
Filed: Citizen (pnd) Country: United Kingdom
 Timeline
Posted

From my very limited knowledge of Indian weddings, any scenario which doesn't involve them going through with their (3 day???) ceremony in India in just 3 short months is kaput as that's probably pretty set by this time. They won't get a fiance visa (and don't want to marry in the US anyway) in time.

I would probably also put in the petition as soon as they have the right documentation in January - in our experience, being in the middle of the legal process seems to help more than it hurts. As in- being married and in the middle of CR-1 visa processing should be seen in a better light than just being married with no action towards legal immigration (yet).

Good luck!

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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