Potential Visa (intent to immigrate) Fraud?

[desiboyz 0]

My story:

- F1 Visa holder for 4 years to do bachelors in US (2005-2009)

- Went back fo home country to work for 3 years

- Granted another F1 for PhD...into year 3 of 5 year program (2012-Present)

- Maintained status all the time i.e. paid taxes, etc

Met a USC girl last year and proposed to her this month. We are planning the marriage in 2 months from now (almost 2 years from the date we first met).

I am trying to understand the intent to immigrate concept. If I enter the US with the intent to marry someone, is that the same as intent to immigrate? i.e. I am sure that there are people who get married to USC and then settle back in their home country without ever applying for AoS (OR decide at a later date that they would rather stay in US permanently and then apply for AoS as an afterthought).

My question:

- Can I visit my home country for a week "right now", come back, get married and apply for GC after marriage (if both of us decide to stay in US permamnently)?

- Do you foresee a problem if I plan to get married after the 70th day of "latest" re-enrty into US and apply for AOS after 90th days of the same re-entry?

- Can this be called immigration fraud since I would know at the time of entry that I would be marrying a USC (but not necessarily applying for AoS right away)?

Thanks

[Transborderwife 4,666]

If you intend to aos at all then yes it's technically immigration fraud

[MUXAGIRL 69]

OP, so far, you are okay. However, when you travel and get back and file AOS after that, you will be judged based on your latest entry and you do have intent to seek permanent residence now. You know it already and posting on a public forum. So, travel might not be the best idea.

How about you travel after you get married, file AOS, receive your advance parole? You will be fine then. I strongly advise maintaining your student status while all these going on.

[MUXAGIRL 69]

Oh come on, how is AOS at all immigration fraud? He's been here for years, met a girl, been with for years. Now if he wants to get married and AOS its fraud? Give me a break. However, he might be in trouble if he travels and then right afterwards files AOS.

He wants to marry, not done with PhD, how is anything fraud here? It's not like he entered on visitor's visa, fell in love conveniently, proposed and married all within six short months! I don't see any fraud. Timing might not be right for travel, but people certainly can change their mind after being years in US.

[desiboyz 0]

OP, so far, you are okay. However, when you travel and get back and file AOS after that, you will be judged based on your latest entry and you do have intent to seek permanent residence now. You know it already and posting on a public forum. So, travel might not be the best idea.

How about you travel after you get married, file AOS, receive your advance parole? You will be fine then. I strongly advise maintaining your student status while all these going on.

Thanks for the reply. The only reason I am considering travel right now is because of a family problem back home.

[Transborderwife 4,666]

Oh come on, how is AOS at all immigration fraud? He's been here for years, met a girl, been with for years. Now if he wants to get married and AOS its fraud? Give me a break. However, he might be in trouble if he travels and then right afterwards files AOS.

He wants to marry, not done with PhD, how is anything fraud here? It's not like he entered on visitor's visa, fell in love conveniently, proposed and married all within six short months! I don't see any fraud. Timing might not be right for travel, but people certainly can change their mind after being years in US.

It is if he goes out of status

[MUXAGIRL 69]

OP, I will give an example from my personal experience. I never faced any problem with CBP when I was on student visa and every time when I traveled back home and came back, the questions were about my studies. But once it was about my personal life. The cbp officer asked me if I had any USC boyfriend, fiancé etc in US? Since I didnot have any USC relationship and my then BF( now husband) was still an international student like me, my answer was no.

What if you are asked about your gf/fiancé ? Lying is not an option, at all. You must tell the truth and then it's upto the officer if he/she will let you in or not.

He is still in status, third year into a 5 year PhD program, probably second level and no one leaves the program at this stage.

[desiboyz 0]

OP, I will give an example from my personal experience. I never faced any problem with CBP when I was on student visa and every time when I traveled back home and came back, the questions were about my studies. But once it was about my personal life. The cbp officer asked me if I had any USC boyfriend, fiancé etc in US? Since I didnot have any USC relationship and my then BF( now husband) was still an international student like me, my answer was no.

What if you are asked about your gf/fiancé ? Lying is not an option, at all. You must tell the truth and then it's upto the officer if he/she will let you in or not.

He is still in status, third year into a 5 year PhD program, probably second level and no one leaves the program at this stage.

Got it. Yes, i am past he PhD qualifying stage and hope it finish on time.

I understand that they can ask a question about gf/fiancee and that is why I am trying to understand if the intent to marry a USC = intent to immigrate. What if somebody wants to finish the PhD and go back to home country to settle down. I don't see any reason why that person would get into the hassle of AoS then.

[Boiler 43,396]

As you have no wish to stay and ajust and will be going home I do not see what the issue is.

[desiboyz 0]

How long since his last entry of F1 ? With presumption of 1+ years since last entry and OP is continuing his PhD stateside, then intent was obviously to study on last POE.

He should marry NOW IN USA with the entry above presumed (legal marriage via judge/magistrate - with party/ceremony done a few months later as planned with families), concurrently file I-130/I-485 with advance parole request (combo card i-765/i-131).

In 2.5 - 3.0 months you'll have the EAD / Advance Parole combo card and then he can travel (perhaps with her) to India for ceremony and otherwise schedule a ceremony stateside later.

Returning on the AP issued for c09 pending AOS will bypass the immigrant intent issue on re-entry.

If you leave on the F1 and re-enter on an F1 with preconceived immigrant intent (PCI) on re-entry. This would be an abuse. Do NOT do this. Marrying is not the abuse as you could marry her and take work in the UK, India, etc. (although unlikely 3 years into a 5 year PhD) BUT if you marry and file to stay having known this at entry, it would be preconceived immigrant intent and a form of fraud. Case precedent however upholds the equities of an immediate relative family unity (MATTER OF IBRAHIM, MATTER OF CAVASOS) no other detriments present) as outweighing the fraud due to the PCI. STILL DO NOT DO THIS. BYPASS THE CONCERN by separating the legal marriage from the ceremony and travel on an Advance Parole instead as suggested above.

F1 is like B's, domiciliary requirement abroad.

The last entry on F1 was in Jan 2015. What you outlined above was our plan anyways (i..e to apply for AP before next trip to India). However, a family emergency/problem has made me consider going to India in a week or so for a week long trip.

Edited June 8, 2015 by desiboyz

[desiboyz 0]

As you have no wish to stay and ajust and will be going home I do not see what the issue is.

I have a valid F1 till 2017 and can possibly get work for another 27 months on OPT and then potentially H1. So, on paper, I do not need the GC. Yes, it ll help me in job/other things but I don't need it for another 5 years maybe). My plan (as far as immigration/GC is concerned) can change over the course of time (like everything else in this world)

But the way I am interpreting the answers, it seems like marrying a USC needs to be followed by application of AoS otherwise you can get into trouble at POE even if you have no intention to immigrate.

[ChicagoSarah 127]

I have a valid F1 till 2017 and can possibly get work for another 27 months on OPT and then potentially H1. So, on paper, I do not need the GC. Yes, it ll help me in job/other things but I don't need it for another 5 years maybe). My plan (as far as immigration/GC is concerned) can change over the course of time (like everything else in this world)

But the way I am interpreting the answers, it seems like marrying a USC needs to be followed by application of AoS otherwise you can get into trouble at POE even if you have no intention to immigrate.

Marrying a USC does not need to be followed by AOS. Lots of people enter on Tourist visas and come and marry and go home. Or marry here and move elsewhere.

I think the issue would be if your current visa is expired/about to expire and you would be getting married in part to get the GC. I'm still not completely clear on your current visa status, but if you are returning to the US to finish your PhD program or continue schooling and will also marry your gf, then not an issue. If your PhD program is complete and you have no other business in the US and are coming back with the sole intent of marrying and adjusting status, then you may have an issue.

[desiboyz 0]

Marrying a USC does not need to be followed by AOS. Lots of people enter on Tourist visas and come and marry and go home. Or marry here and move elsewhere.

I think the issue would be if your current visa is expired/about to expire and you would be getting married in part to get the GC. I'm still not completely clear on your current visa status, but if you are returning to the US to finish your PhD program or continue schooling and will also marry your gf, then not an issue. If your PhD program is complete and you have no other business in the US and are coming back with the sole intent of marrying and adjusting status, then you may have an issue.

Thanks. I have a valid F1 visa till Aug 2017. I am a PhD student right now and will maintain student status till that time (even if I wasn't getting married to a USC). I can even have my rsearch advisor write a letter to vouch for me that I am in the middle of a PhD that was put into motion 4 yrs ago when I applied to study at my current school.

Do you know of any body on tourist visa who married a USC (in US) and had trouble during re-entry (entering country for the first time after marriage)?

[ChicagoSarah 127]

I'm not as familiar with student/work visas. Maybe do an advanced search of the site or browse through this forum to see how others in similar situations have fared.

There is never any guarantee at POE...it's all down to the agent sometimes and how good of a day they are having.

You have a valid visa for another several years. I wouldn't anticipate too much trouble.

[canadian_wife 1,785]

Do you know of any body on tourist visa who married a USC (in US) and had trouble during re-entry (entering country for the first time after marriage)?

Me