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Visa Fraud??

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Filed: K-1 Visa Country: Russia
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Well, I have a very unique situation with my fiancee. And I really would like some advise from the more experienced members of this web site, please!

My fiancee certainly is not a part of any fraud involving American visas......she has never had one. We have done the steps leading up to the interview in Moscow on May 25. She has been trying to get through to me on a question she has had about her previous visas to Western Europe--on the shengen visas. Here's the deal....two years ago she was dating a Russian businessman who routinely went to Norway where apparently he had some business connections. He wanted her to travel with him.....so he paid a middle man four times to secure the shengen visa for my fiancee. As part of the process to obtain the shengen visa each time, she was told to sign a letter that she was traveling for business AND that she would work while she was there. She never really worked and never had business and never had any funds of her own. She was traveling as this man's girlfriend. (Don't ask me any questions about all this!! I have enough trouble already!) She never over stayed her visa which was a Visa 3-long term, meaning it was good for a year.This is typically used in the EU as their business visa.

So, now the question: When she signed this letter claiming she was a business person and would be working in the EU, it was obviously a lie. She has all the stamps of entry and exit from Norway still in her passport. On one of the forms from the Embassy she is required to put down all the places she has worked! So here is the dilemma, if she claims she worked in Norway on the employment form she worries that it will lead investigators to her EU visa, and then to the question of what kind of work and for how long.........which she can never report because this was a lie! She is very worried that the consular official will uncover this issue from two years ago and the fraudulent letter that she signed for the shengen visa.

So, I have done searches around this issue and all of the results seem to be about fraudulent use of American visas. I also have read that the US is not interested in enforcing other countries visa/passport laws.

We could use a little advise her on how she should proceed. First I told her there would never be a problem with prior visa trips as long as she did not overstay her visa.....but that was before I understood about this letter.

If you will think about this question and maybe give me an answer, I would deeply appreciate it. She speaks English much better than my Russian but still not good enough to ask a question here!!!!!!!!

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Filed: Citizen (apr) Country: Australia
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Agree with the above. If she didn't work there don't list there. I don't think it will come up at all. None of my previous employments were questioned. It's just one of the forms to prove she's her. Next time she submits it (at the AOS stage) she will continue on with the new info. It's kinda like setting up personal questions. If there are 20 Jane Smiths, it's likely only 1 has her birthday and exact work history... make sense?

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Visa's issued by other countries have no bearing on her US visa...as long as crimes werent commited in those countries!!

Good Luck with your process! :star:

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Filed: Citizen (pnd) Country: Thailand
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Also another point is, that the US asks about her work and where she worked, but that does not mean she was working in Norway. Unless she was present for 6 months or 12 months continually in Norway, that does not come up either.

Embassies ask for police certificates from places where you have lived for 6 months or 12 months (depending on the Embassy).

I have traveled to Japan, China, Taiwan maybe up to 100 trips with business visas back when Japan required them. It does not mean I have ever "worked" in Japan as in relocated and lived and worked there.

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Filed: IR-1/CR-1 Visa Country: China
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Ya, the only real issue that might concern me is the length of stay in Norway.

If there was EVER any ONE stay in Norway for 6 months or MORE, then she'll need a police clearance certificate from Norway.

(The rest of yer concerns were covered by the prior posters)

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Filed: Lift. Cond. (pnd) Country: Peru
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There is no basis in US immigration law to deny her a visa based on her history with visas to other countries, even if there was outright fraud involved in obtaining those visas.

It seems to me like this might warrant an addendum -- when you apply to adjust status, you will be asked if you have ever committed a crime for which you were not caught, and answering yes can get your application denied. So it would seem to me that assuming that visa fraud is considered a criminal violation in another country, you could have trouble adjusting status if you admit to it.

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Filed: AOS (apr) Country: Kenya
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It seems to me like this might warrant an addendum -- when you apply to adjust status, you will be asked if you have ever committed a crime for which you were not caught, and answering yes can get your application denied. So it would seem to me that assuming that visa fraud is considered a criminal violation in another country, you could have trouble adjusting status if you admit to it.

She was "working" as his girlfriend. I think the OP doesn't have an issue and some of you are just dreaming things up. She committed no crime; she obtained a visa and used it. If the other countries have/had a problem with that then they would go after her. As stated, visa "issues" for other countries have no bearing on US visas. And if any of you have EVER driven one mile an hour over the posted speed limit, then you are all criminals, right?

Sheesh.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Other Country: China
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She was "working" as his girlfriend. I think the OP doesn't have an issue and some of you are just dreaming things up. She committed no crime; she obtained a visa and used it. If the other countries have/had a problem with that then they would go after her. As stated, visa "issues" for other countries have no bearing on US visas. And if any of you have EVER driven one mile an hour over the posted speed limit, then you are all criminals, right?

Sheesh.

She would have been assisting in a business venture in one way or another, even if only to accompany her businessman boyfriend to social gatherings with business contacts. IMO, this is a non-issue.

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Filed: Lift. Cond. (pnd) Country: Peru
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She was "working" as his girlfriend. I think the OP doesn't have an issue and some of you are just dreaming things up. She committed no crime; she obtained a visa and used it. If the other countries have/had a problem with that then they would go after her. As stated, visa "issues" for other countries have no bearing on US visas. And if any of you have EVER driven one mile an hour over the posted speed limit, then you are all criminals, right?

Sheesh.

My post is specifically in response to one saying that even if there is "outright fraud" committed in another country, you cannot have your visa denied. I responded by saying that admitting to committing outright fraud in another country could hurt you during AOS. That's as far as my post went.

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Filed: AOS (apr) Country: Philippines
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Since she sign a paper that its purely business going there but actually a companion of her bf which is doing business there. She might as well just asked for a letter from her ex bf of being his personal assistant. But then the question will also be; does she needs to ask for a police clearance while she was there? saying she's working? hmmm I wonder.

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Filed: K-1 Visa Country: Vietnam
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It seems to me like this might warrant an addendum -- when you apply to adjust status, you will be asked if you have ever committed a crime for which you were not caught, and answering yes can get your application denied. So it would seem to me that assuming that visa fraud is considered a criminal violation in another country, you could have trouble adjusting status if you admit to it.

Applying to adjust status is not applying for a visa. I said there was no basis in US immigration law to deny her visa for this. Visa fraud in another country is not a crime that would make you inadmissible to the US.

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Filed: K-1 Visa Country: Russia
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Wow! Less than 24 hours and look at the responses you good people have sent in!!! Thank you, thank you.

To clarify one unknown I did not include in my original post: she was never in Norway for longer than 90 days...so I think the police certificate is also a non-issue.

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She would have been assisting in a business venture in one way or another, even if only to accompany her businessman boyfriend to social gatherings with business contacts. IMO, this is a non-issue.

I agree with pushbrk...even if all she did was iron his shirt or get a cup of coffee one day for him during their stay that is considered work.

Alex A

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9/16/2009 - Married

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So less than 90 days = no police certificate.

If she's still worried tell her to 'loose' her passport and request a new one - no visa stamps to make them query it.

However it looks like that won't be an issue due to the length of time she stayed.

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