Suspicious of advice from immigration attorney

[DeftEft 0]

Hello all,

I've been communicating with several immigration attorneys today to discuss various topics relating to bringing my fiancée into the U.S.

One in particular with whom I spoke raised a topic that made me rather uneasy - he advised me that, if the other available immigration options would take too long for my liking, that my fiancée could still come into the U.S. on a visitor's visa when we weren't planning to wed, get married, and then file together for a green card here in the U.S.

Right now, we intend to marry in Germany, where she currently lives. No matter where, though, our intent to marry is very plain to see; we've told everyone. I told the attorney that, to my mind, pursuing the course of action he suggested would be fraud - something I would never commit because of the high risks.

Am I right, and was he suggesting something with criminal penalties?

[JohnR! 5,495]

Hello all,

I've been communicating with several immigration attorneys today to discuss various topics relating to bringing my fiancée into the U.S.

One in particular with whom I spoke raised a topic that made me rather uneasy - he advised me that, if the other available immigration options would take too long for my liking, that my fiancée could still come into the U.S. on a visitor's visa when we weren't planning to wed, get married, and then file together for a green card here in the U.S.

Right now, we intend to marry in Germany, where she currently lives. No matter where, though, our intent to marry is very plain to see; we've told everyone. I told the attorney that, to my mind, pursuing the course of action he suggested would be fraud - something I would never commit because of the high risks.

Am I right, and was he suggesting something with criminal penalties?

What your lawyer was suggesting is fraud, however it is one which is hard to prove for it all hinges on intention. Entering the US on a tourist/business visa or VWP with the intent of marrying and staying in the country is considered fraud. However many do and get away with it, which is no different than stealing without being caught.

Edited September 25, 2012 by Gegel

[DeftEft 0]

What your lawyer was suggesting is fraud, however it is one which is hard to prove for it all hinges on intention. Entering the US on a tourist/business visa or VWP with the intent of marrying and staying in the country is considered fraud. However many do and get away with it, which is no different than stealing without being caught.

That was my feeling - though it's probably decently common, it is still fraud, and therefore punishable. Being caught in such an act risks losing the opportunity to bring my fiancée to the States, doesn't it?

[X Factor 1,110]

No wonder people are leery of lawyers. No ethics

[Pinkrlion 2,607]

Hello all,

I've been communicating with several immigration attorneys today to discuss various topics relating to bringing my fiancée into the U.S.

One in particular with whom I spoke raised a topic that made me rather uneasy - he advised me that, if the other available immigration options would take too long for my liking, that my fiancée could still come into the U.S. on a visitor's visa when we weren't planning to wed, get married, and then file together for a green card here in the U.S.

Right now, we intend to marry in Germany, where she currently lives. No matter where, though, our intent to marry is very plain to see; we've told everyone. I told the attorney that, to my mind, pursuing the course of action he suggested would be fraud - something I would never commit because of the high risks.

Am I right, and was he suggesting something with criminal penalties?

Yes you are right, that lets you know not to trust his consul. Regardless of what the lawyer says, if in your gut you know it isn't right DO NOT PURSUE IT.

Edited September 25, 2012 by Pinkrlion

[JohnR! 5,495]

That was my feeling - though it's probably decently common, it is still fraud, and therefore punishable. Being caught in such an act risks losing the opportunity to bring my fiancée to the States, doesn't it?

It is all very subtle, with very real consequences, however.

According to immigration law, it is a considered fraud to misrepresent oneself to an immigration officer. Under this premise, if your fiancee is coming to the US to marry you and adjust her status, she would be misrepresenting herself if she answered the standard 'visiting friends' or 'shopping' and if she answered truthfully she would not be allowed into the country. The penalty is a lifetime ban from entering the US.

[DeftEft 0]

Well then thank goodness for instincts; I'm glad to hear that nagging sensation was right.

[Brother Hesekiel 2,235]

One in particular with whom I spoke raised a topic that made me rather uneasy - he advised me that, if the other available immigration options would take too long for my liking, that my fiancée could still come into the U.S. on a visitor's visa when we weren't planning to wed, get married, and then file together for a green card here in the U.S.

Well,

that's what everybody does who doesn't feel like waiting. It works, and it works like a charm because intent is for the most part an . . . um . . . action happening in the human brain. And since I.O.s don't go around like the Gestapo during WWII, interrogating people about things they may or may not have heard, filing for AoS from a VW or B2 only backfires if intent is documented. When is it documented? When somebody visiting the United States is being put into secondary inspection, perhaps because they are carrying their cat around, which is not something a sensitive person would do. When they then have a look at the luggage and find a birth certificate and other documents that a sane person would not take on vacation, the response of the foreigner is being put on record. If such a person then files for AoS, the I.O. can show that he or she was questioned about this at the border and denied having such intentions. But even then it is . . . um . . . possible, that the intention did not exist but a change of mind took place, another thing that happens within the brain.

So in most circumstances, intent is not being even brought up when filing for AoS. And as long as it works like a charm, people will do this, regardless of the fact that AoS wasn't intended . . . . again this word . . . to be (ab-)used for this.

[aaron2020 11,651]

Hello all,

I've been communicating with several immigration attorneys today to discuss various topics relating to bringing my fiancée into the U.S.

One in particular with whom I spoke raised a topic that made me rather uneasy - he advised me that, if the other available immigration options would take too long for my liking, that my fiancée could still come into the U.S. on a visitor's visa when we weren't planning to wed, get married, and then file together for a green card here in the U.S.

Right now, we intend to marry in Germany, where she currently lives. No matter where, though, our intent to marry is very plain to see; we've told everyone. I told the attorney that, to my mind, pursuing the course of action he suggested would be fraud - something I would never commit because of the high risks.

Am I right, and was he suggesting something with criminal penalties?

It's fraud. Ask the attorney to put his advice in writing. If he refuses, then you will confirm that his advice is based on fraud.

The chances of criminal penalties are small since the burden would be on the US government to prove fraud. However, the US government does not have to prove fraud to deny a green card to your wife. The burden is on you to prove that you meet the requirements for a green card for your wife. The burden is not on the US government to prove that your wife does not qualify for a green card.

Consider the consequences of a denied green card petition for immigration fraud. The lawyer has his fee and faces no consequences. You and your wife would be separated and she could get a lifetime ban. In light of the fact that she has a legal way to immigrate which requires a 6-12 months separation vs. a life ban, I would chose the legal way.