visitor visa

[aussiewench 9]

If she gets a tourist visa and goes to the US with the intent of getting married, isn't that visa fraud?

It is not illegal, nor fraud to enter the US with intent to marry.

Does she alaready HAVE a tourist visa?

Good question and one that is very important in the scheme of things.

[Bruce n Jen 0]

If she gets a tourist visa and goes to the US with the intent of getting married, isn't that visa fraud?

It is not illegal, nor fraud to enter the US with intent to marry.

So I hear this both ways, it's fraud, it's not fraud - what does the law say?

I'm really curious because I know of another couple, an acquaintance of my fiancee, where the non-USC came here on a visitor's visa fully with the intent to stay and get married, and did, and is now merrily getting her work permit, advance parole, and interview for green card while we're waiting patiently for the K1 - so much for doing it the right way. What's the legal on all this?

[meauxna 15]

If she gets a tourist visa and goes to the US with the intent of getting married, isn't that visa fraud?

It is not illegal, nor fraud to enter the US with intent to marry.

So I hear this both ways, it's fraud, it's not fraud - what does the law say?

I'm really curious because I know of another couple, an acquaintance of my fiancee, where the non-USC came here on a visitor's visa fully with the intent to stay and get married, and did, and is now merrily getting her work permit, advance parole, and interview for green card while we're waiting patiently for the K1 - so much for doing it the right way. What's the legal on all this?

What your acquaintance did could be found to be "wrong". She entered the US on a non-immigrant status with the intent to immigrate. Whether that is fraud, illegal or a material misrepresentation I can't say. What happens next, or inthe future for them depends very much on what exactly happened at the border/inspection, and IF it will be brought up in their AOS interview. Sometime, it doesn't work out.

A very high percentage of AOS cases are adjustments from other than a K visa.

Coming to the US to get married is not illegal. People do it every day. The issue is always about the intent to stay and adjust status.

You will sleep well at night for the rest of your lives. Their case is their case.

[Killer_Clown_2009 0]

No, it is not fraud to enter the US with an intent to get married, it is fraud if you enter the US with an intent to get married and not go back home. Therein lies the difference.

One thing to consider, if the person inspecting you on entry, knows that you plan to get married, they won't admit you into the US, because they figure there is a good chance you may not leave.

Anyway, that's my take on it.

I've crossed the US multiple times with my current husband and each time we were travelling as a couple (expect once on a day trip to michigan), I was quizzed and quizzed on what my plans were, when i was going home, where i lived, was i planning on working in the US..etc..etc,...even had all tampon box opened up and searched. Anyway, that's another story.

Benjlenbar, not to be nosy, but what is your current annual income? Even though you might have had a low income in the past, your current income may be enough to sponsor her, especially if it is a full time, non contract job. Anyone can act as a co-sponsor, so if you need one, it doesn't have to be a family member.

You'll probably have a hard time getting a K-1 visa without having actually met your future wife in person, so I guess that is out.

Edited November 23, 2006 by jane2005

[Bruce n Jen 0]

What your acquaintance did could be found to be "wrong". She entered the US on a non-immigrant status with the intent to immigrate. Whether that is fraud, illegal or a material misrepresentation I can't say. What happens next, or inthe future for them depends very much on what exactly happened at the border/inspection, and IF it will be brought up in their AOS interview. Sometime, it doesn't work out.

A very high percentage of AOS cases are adjustments from other than a K visa.

Coming to the US to get married is not illegal. People do it every day. The issue is always about the intent to stay and adjust status.

You will sleep well at night for the rest of your lives. Their case is their case.

I certainly agree it's better to do the right thing. And I have no dispute with it being deceptive coming here with the intent to marry and stay -

but what's the law say? I'm not questioning all the responses on VJ about the fraud issue, I'm just curious what the INA says in writing on it.

[aussiewench 9]

What your acquaintance did could be found to be "wrong". She entered the US on a non-immigrant status with the intent to immigrate. Whether that is fraud, illegal or a material misrepresentation I can't say. What happens next, or inthe future for them depends very much on what exactly happened at the border/inspection, and IF it will be brought up in their AOS interview. Sometime, it doesn't work out.

A very high percentage of AOS cases are adjustments from other than a K visa.

Coming to the US to get married is not illegal. People do it every day. The issue is always about the intent to stay and adjust status.

You will sleep well at night for the rest of your lives. Their case is their case.

I certainly agree it's better to do the right thing. And I have no dispute with it being deceptive coming here with the intent to marry and stay -

but what's the law say? I'm not questioning all the responses on VJ about the fraud issue, I'm just curious what the INA says in writing on it.

I can't right now access the INA with the new USCIS site, however this may help

Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

* failed otherwise to maintain lawful status and with the proper immigration documentation, or

* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

*

Ineligible

There may be other reasons that you are eligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.

You may be ineligible for adjustment to permanent resident status if:

o You entered the U.S. while you were in transit to another country without obtaining a visa.

o You entered the U.S. while you were a nonimmigrant crewman.

o You were not admitted or paroled into the United States after being inspected by a U.S. Immigration inspector.

o You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:

+ You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).

+ Certain foreign medical graduates, international organization employees and family members.

o You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.

o You have an A (diplomatic status), E (treaty trader or investor), or G (representative to international organization) nonimmigrant status, or have an occupation that would allow you have this status. This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A or G nonimmigrant, you must also submit USCIS Form I-566.

o You were admitted to Guam as a visitor under the Guam Visa Waiver Program. (This does not apply to immediate relatives.)

o You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

o You are already a conditional permanent resident.

o You were admitted as a K-1 fiancé but did not marry the U.S. citizen who filed the petition for you. Or, you were admitted as the K-2 child of a fiancé and your parent did not marry the U.S. citizen who filed the petition for you.

There may be other reasons that you are ineligible for adjustment to permanent resident status. Please see USCIS Form I-485 for more complete information.[

Source

Even if one has a petition in process, if they are 'inspected and admitted or paroled into the United States' they can apply to adjust status.

example.......from US Consular Service Australia website....

11. (Q) MY LAWYER IN THE U.S. HAS TOLD ME TO APPLY FOR A TOURIST VISA, AND THEN APPLY FOR IMMIGRATION OR ADJUST MY STATUS AFTER I ARRIVE. CAN I DO THAT?

&

12. (Q) CAN I ENTER THE U.S. AND WAIT WHILE THE VISA IS BEING PROCESSED?

(A) Generally not. Many categories of immigrant visas involve long waiting periods before the visa can be issued. It is generally not possible to spend this period in the U.S.

If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case.

If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence.

Source

You can research on INA 245(i), CBP website etc

From Customs and Boarder Patrol

The INA is based on the law of presumption: an applicant for admission is presumed to be an alien until he or she shows evidence of citizenship; an alien is presumed to be an immigrant until he or she proves that he or she fits into one of the nonimmigrant classifications.

[Bruce n Jen 0]

Thanks aussiewench

While I get the point of what you posted - I still see that the so-called fraud route is not quite blatantly refused or penalized. What I mean is you can deceptively get in the US, apply for adjustment of status, stay here, and potentially get approved, thereby forego the arduous waiting that those of us do who are correctly following procedures of the K1 visa. Yes, you can potentially get denied and deported, but is it that risky? I don't know. And I'm not advocating that. It's just frustrating to see us wait and petition and follow the rules while others can shortcut that route another way.

[aussiewench 9]

Thanks aussiewench

While I get the point of what you posted - I still see that the so-called fraud route is not quite blatantly refused or penalized. What I mean is you can deceptively get in the US, apply for adjustment of status, stay here, and potentially get approved, thereby forego the arduous waiting that those of us do who are correctly following procedures of the K1 visa. Yes, you can potentially get denied and deported, but is it that risky? I don't know. And I'm not advocating that. It's just frustrating to see us wait and petition and follow the rules while others can shortcut that route another way.

I agree, but there are also many whereby this is a perfectly legal and above board way of doing things, depending on the circumstances. The K or immigrant visa are not the only legal ways of doing things, it is just the way we more commonly see on sites such as VJ.

Edited November 24, 2006 by aussiewench