Does it matter what you say to the immigration officer while entering USA?

[Umair Khan 0]

My cousin has been dating a guy for 3 years, he entered USA twice since 2010 on a visit visa and left. this time he entered and while being asked questions he said he was visiting family, they ended up getting married here within 20 days of him entering. I thought the best way to apply was to do I-130, I485 for change of status & I-765 for work authorization. While he is concerened that he told the immigration officer he was entering USA to visit and not to get married. he wants to go back and than apply for I-130 and the whole process.

Can someone verify which is the correct way to go about this?

Thanks

[Harpa Timsah 13,260]

Yes of course it matter what you say. If the cousin lied at POE then she should go home and pursue a visa.

[Umair Khan 0]

he didn't lie, he entered to visit family and his GF, and the grandfather got really sick so they decided to get hitched asap.

[Caryh 5,206]

He entered to visit family, he neglected to mention about the gf. Or was she a fiancee by then? Had he entered with the plan to marry, that would have been fraud. If he's worried about what he said, there more be even more to it than he's told you. In that case returning rather than risking it, might be best.

[Marco&Bettina 502]

he didn't lie, he entered to visit family and his GF, and the grandfather got really sick so they decided to get hitched asap.

That doesn't sound believable, but there's no way to prove it's not. It just doesn't look good is all.

[Umair Khan 0]

I don't know him that well, but i know they didn't plan on marrying and they weren't engaged when he entered. the girl's grand father was given a month to live and she wanted to get married while he was around and did.

That doesn't sound believable, but there's no way to prove it's not. It just doesn't look good is all.

yeah, i think its best he goes back and than applies from there rather than trying his luck with change of status.

[aaron2020 11,652]

Is your cousin's spouse a US citizen?

[Umair Khan 0]

Is your cousin's spouse a US citizen?

my cousin is a US citizen, she has been here since 2000, while her now husband has been visiting her since 2010 on a visit visa, he is a pakistani citizen here on a B2 visa.

[JohnR! 5,495]

my cousin is a US citizen, she has been here since 2000, while her now husband has been visiting her since 2010 on a visit visa, he is a pakistani citizen here on a B2 visa.

Speaking essentially of what you posted, there is nothing that should impede him to stay in the US and do his AOS. Entering the US with a non-immigrant visa with the intent to stay is considered fraud. If, as you say, his intentions were never to get married and stay he could begin his AOS stateside. It does not mean it will be an easy process, nor that the USCIS may not suspect of the nature of the relationship, but if his marriage was spontaneous and real, he has nothing to fear. He was here to visit family - cousins are family - and friends.

Edited April 30, 2014 by Gegel

[Boiler 47,499]

So he wants to stay and adjust, should not be any problems.

[Hypnos 6,579]

I doubt it will be an issue.

[aaron2020 11,652]

Here is the law.

Preconceive intent to immigrate by itself is not a valid reason to deny an AOS for an Immediate Relative of a US citizen. As long as the beneficiary did not lie when he entered the US, he can adjust.

Edited April 30, 2014 by aaron2020