Potential Visa (intent to immigrate) Fraud?

[desiboyz 0]

Me

I guess i asked the wrong question. The tourist visa is kinda different as you cannot stay longer than 6months in US at a stretch on Tourist visa. I can stay in US for another 2years+ if I keep my student status (F1).

Edited June 8, 2015 by desiboyz

[desiboyz 0]

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.

Your answer makes sense to me. I have a valid visa which allows me to stay in the US till Aug 2017 to complete my studies.

I cannot imagine that I am the first one who wants to marry a USC BUT does not need to do that to maintain status. What if I don't apply for AoS after marriage and continue about my life (even making trips back home) and decide in 1 year from now (maybe 6 months after my last entry into US that I wish to apply for AoS). Is it an unplausible scenario OR in that case they would require me to leave the country and apply for K-1 visa?

[Shauneg 762]

Your answer makes sense to me. I have a valid visa which allows me to stay in the US till Aug 2017 to complete my studies.

I cannot imagine that I am the first one who wants to marry a USC BUT does not need to do that to maintain status. What if I don't apply for AoS after marriage and continue about my life (even making trips back home) and decide in 1 year from now (maybe 6 months after my last entry into US that I wish to apply for AoS). Is it an unplausible scenario OR in that case they would require me to leave the country and apply for K-1 visa?

If you married you couldn't apply for a k1 that's for fiancés. You would have to apply for a spousal visa... CR1. If you married and didn't adjust, then left the country you could easily be denied reentry as being married to a U.S. citizen shows you might have intentions to stay after all at some point you to will have to settle somewhere.

[raven52 233]

Your story, and your schooling here sound very legit. And I am sure you can document it.

If I was in your place, I would not travel, until my marriage, and got my AOS filed, and had my EAD/AP combo card.

But only you can make that decision, and decide what is the most important, getting married, or traveling to your problem, and taking a chance, that it could cause a problem.

So to me, you have a difficult decision to make. You sound like an intelligent person, so I am sure you will do the right thing, good luck what ever you decide.

[MUXAGIRL 69]

OP, it's a risk when it comes to marrying an usc and then entering US on non-immigrant visa. The chances of getting denied entry at border increases many fold, as you will be viewed as someone with very strong ties to the U.S. and hence strong internet to immigrate. it might mess up your PhD and research etc if you can't get back. So think carefully what you would like to do. You have been made aware the potential risk associated, it's upto you what you want to do.

[tomyka81 95]

fraud comes down to intent. this is premeditated intent to marry on a nonimmigrant visa. you aren't in the throws of love to where you ran off to vegas because you couldn't contain yourself. Just be careful. As one person already stated, you are posting your premeditated intent on a public forum.......

[desiboyz 0]

Your story, and your schooling here sound very legit. And I am sure you can document it.

If I was in your place, I would not travel, until my marriage, and got my AOS filed, and had my EAD/AP combo card.

But only you can make that decision, and decide what is the most important, getting married, or traveling to your problem, and taking a chance, that it could cause a problem.

So to me, you have a difficult decision to make. You sound like an intelligent person, so I am sure you will do the right thing, good luck what ever you decide.

Thanks for the replies everyone. I think I got an idea how risky the trip can be. I have decided against it.

Maybe because I am engineer/scientist but the system seems absurd to me. I can wrap my head around all the above scenarios if I was on a tourist visa. The fact that I have a valid visa student visa (if I maintain status,which I will) and it makes no difference to the situation is just incomprehensible!!

Edited June 9, 2015 by desiboyz

[dhlunar 25]

In my situation, my now wife, originally came to the US on an F-1 visa. We meet and started dating during college. After graduation, she went on to do a year of OPT then two years of grad schools. After grad school she got an G-4 visa (Employee of an International Organization). During the time she had her G-4 we got engaged and then waited a year and a half before getting married. During the year and a half that she was engaged to me, a US Citizen, she travel outside the US with no questions. Two months after we got married, we filed the paperwork for AOS and we had the interview about 3 months later. During the interview, there was no questions regarding her travels during the time that we were engaged. The only questions in regard to travels is the officer asked me if I have ever been to my wife's birth country.

I believe in the OP case there is no intent to immigrant issue. An F-1 authorizes stay for D/S (duration of status) so a person could stay for years in the US legally as long as they maintain their status. I think USCIS and CBP would be more concern if you got married within a couple of months after your first arrival in the US. Then they might see immigrant intent because you used the visa to get into the country and you might have no intention in remaining in student status.

Edited June 9, 2015 by dhlunar

[desiboyz 0]

In my situation, my now wife, originally came to the US on an F-1 visa. We meet and started dating during college. After graduation, she went on to do a year of OPT then two years of grad schools. After grad school she got an G-4 visa (Employee of an International Organization). During the time she had her G-4 we got engaged and then waited a year and a half before getting married. During the year and a half that she was engaged to me, a US Citizen, she travel outside the US with no questions. Two months after we got married, we filed the paperwork for AOS and we had the interview about 3 months later. During the interview, there was no questions regarding her travels during the time that we were engaged. The only questions in regard to travels is the officer asked me if I have ever been to my wife's birth country.

I believe in the OP case there is no intent to immigrant issue. An F-1 authorizes stay for D/S (duration of status) so a person could stay for years in the US legally as long as they maintain their status. I think USCIS and CBP would be more concern if you got married within a couple of months after your first arrival in the US. Then they might see immigrant intent because you used the visa to get into the country and you might have no intention in remaining in student status.

Yes, that is what I thought so too. But it looks like everytime I cross border into US I am declaring that I have no intent to immigrate. So, the first entry does not matter I guess. Even the forms ask for last entry into US.

Can you guess why they asked you if you have traveled to your wife's home country?

Did they ever ask you when you got engaged during the interview?

[GurkenSalat 48]

Way I see it: just don't AOS right after you marry. You have until the completion of your PhD to decide/do that.

[Ouray777 4]

What it all boils down to is so simple.....Don't travel.

[desiboyz 0]

Way I see it: just don't AOS right after you marry. You have until the completion of your PhD to decide/do that.

Yeah I can do that but it seems I cannot travel to my home country after marriage IF I don't apply for AoS.

[Shauneg 762]

Yeah I can do that but it seems I cannot travel to my home country after marriage IF I don't apply for AoS.

This is the crux of the situation and you are absolutely correct.

[Villanelle 4,121]

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

You have a lot of good answers in this post already.

The only thing I can add is-

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?

^This is an easy concept- you are just over thinking it. Its the opposite of one of the truths we hold so close to our hearts- innocent until proven guilty so its hard to wrap your head around. Its guilty until proven innocent lol. Everyone is presumed to have immigration intent unless proven otherwise. Thats it. Very simple. Sure not everyone does and some people prove they dont. But everyone is presumed to have immigration intent. Its a presumption and presumptions can of course be wrong.

So no entering the US with the intent to marry someone (a USC) doesnt necessarily mean youre going to stay and AOS, but they presume you will. You would have to be prepared to show them solid evidence why you wouldnt be. That could include proof that you would be going back home or have another visa status. Now realize having another visa status doesnt mean they will believe you will keep that visa status over filing through your spouse. Does your visa status provide you with work and travel privileges? Does it put you on a path to a GC? A path to citizenship? Because that is the ultimate goal. (personal snarking aside from the peanut gallery- that is what the huge immigration debate is about at the core; restricting immigration, the changing face and direction of the nation, those that vote impact change etc etc)

People on here can advise you based on personal experiences but those can and do vary. A huge part will be their discretion based on their presumptions and assumptions and your evidence and lest us not forget these are actual human beings. They carry with them their own prejudices and burdens. We all want and hope they do whats right and follow procedures and laws, but like whats been posted sometimes all you can say is maybe they had a "bad day".

As for your last question is it "extended fraud?" Like can I enter the US knowing Ill be AOS'ing years later through my spouse. Umm, Im going to go with - that is the most overthought worry I have ever seen lol. Relax!! But wow are you committed to your spouse! Mostly we get posts on here that are unsure of their relationships! You my friend are so sure of your future you are worried you are committing crimes for things you havent even done yet!

So if your path is- keep your current visa and when it runs out- AOS then thats not any type of fraud. Thats you overthinking. You are entering intending on keeping your current visa. Which you must prove.

If you plan on entering and changing immediately to AOS through spouse and tell them I plan on keeping current visa- thats fraud.

[ChicagoSarah 127]

You have a lot of good answers in this post already.

The only thing I can add is-

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?

^This is an easy concept- you are just over thinking it. Its the opposite of one of the truths we hold so close to our hearts- innocent until proven guilty so its hard to wrap your head around. Its guilty until proven innocent lol. Everyone is presumed to have immigration intent unless proven otherwise. Thats it. Very simple. Sure not everyone does and some people prove they dont. But everyone is presumed to have immigration intent. Its a presumption and presumptions can of course be wrong.

So no entering the US with the intent to marry someone (a USC) doesnt necessarily mean youre going to stay and AOS, but they presume you will. You would have to be prepared to show them solid evidence why you wouldnt be. That could include proof that you would be going back home or have another visa status. Now realize having another visa status doesnt mean they will believe you will keep that visa status over filing through your spouse. Does your visa status provide you with work and travel privileges? Does it put you on a path to a GC? A path to citizenship? Because that is the ultimate goal. (personal snarking aside from the peanut gallery- that is what the huge immigration debate is about at the core; restricting immigration, the changing face and direction of the nation, those that vote impact change etc etc)

People on here can advise you based on personal experiences but those can and do vary. A huge part will be their discretion based on their presumptions and assumptions and your evidence and lest us not forget these are actual human beings. They carry with them their own prejudices and burdens. We all want and hope they do whats right and follow procedures and laws, but like whats been posted sometimes all you can say is maybe they had a "bad day".

As for your last question is it "extended fraud?" Like can I enter the US knowing Ill be AOS'ing years later through my spouse. Umm, Im going to go with - that is the most overthought worry I have ever seen lol. Relax!! But wow are you committed to your spouse! Mostly we get posts on here that are unsure of their relationships! You my friend are so sure of your future you are worried you are committing crimes for things you havent even done yet!

So if your path is- keep your current visa and when it runs out- AOS then thats not any type of fraud. Thats you overthinking. You are entering intending on keeping your current visa. Which you must prove.

If you plan on entering and changing immediately to AOS through spouse and tell them I plan on keeping current visa- thats fraud.

This is great and well-said!

OP - I agree whole heartedly with the advice and sentiment here.