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I was trying to understand what exactly constitutes visa fraud.

 

An Attorney explained to me that it occurs when an individual is squiring the Visa. Not, when utilizing the tourist visa to enter the US.

 

My Fiance has had a tourist visa since 2014. We were engaged outside the US and entered on the Tourist Visa. We are hoping to be married before it expires (tourist visa.)

 

An Attorney said that since when she obtained the Visa it wasn't for purposes of entering the country to be married it does not constitute Visa fraud.

 

I was concerned that when we go through the interview process when they ask when we were engaged, and we respond prior to her entering the US, it could imply some sort of fraud.

 

Has anyone had any experience with this?

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As long as the intent when entering on the tourist visa wasn't to stay and the marriage and AOS is a spur of the moment thing then you're fine.

 

It is using the tourist visa to come and stay that is fraud.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

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I am a US Citizen.

 

Basically we were engaged in her native country, she has come here and returned home since then, and returned here again to spend the holidays. Why were going to wait and plan a long engagement we now don't want to say goodbye and prefer a courthouse spur of the moment.

 

The attorney said that this would not be considered visa fraud, as we made the decision after she entered and spent 3+ months here. That us being engaged prior to her entering on the tourist visa would only be a problem if questioned by Customs officials.

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6 minutes ago, bmore56 said:

I am a US Citizen.

 

Basically we were engaged in her native country, she has come here and returned home since then, and returned here again to spend the holidays. Why were going to wait and plan a long engagement we now don't want to say goodbye and prefer a courthouse spur of the moment.

 

The attorney said that this would not be considered visa fraud, as we made the decision after she entered and spent 3+ months here. That us being engaged prior to her entering on the tourist visa would only be a problem if questioned by Customs officials.

you're good to marry and AOS.  once she's here they cannot deny for intent

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9 minutes ago, bmore56 said:

Basically we were engaged in her native country, she has come here and returned home since then, and returned here again to spend the holidays. Why were going to wait and plan a long engagement we now don't want to say goodbye and prefer a courthouse spur of the moment.

 

The attorney said that this would not be considered visa fraud, as we made the decision after she entered and spent 3+ months here. That us being engaged prior to her entering on the tourist visa would only be a problem if questioned by Customs officials.

Attorney is correct. 

Now if Customs had specifically asked if she intended to overstay and she said no, that could've been a headache. 

 

Off topic.. bear in mind future applicants from fiance's home country would have a higher B2 bar because your fiance used a tourist visa to AOS


USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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On 1/3/2017 at 3:07 PM, bmore56 said:

I was trying to understand what exactly constitutes visa fraud.

 

An Attorney explained to me that it occurs when an individual is squiring the Visa. Not, when utilizing the tourist visa to enter the US.

 

My Fiance has had a tourist visa since 2014. We were engaged outside the US and entered on the Tourist Visa. We are hoping to be married before it expires (tourist visa.)

 

An Attorney said that since when she obtained the Visa it wasn't for purposes of entering the country to be married it does not constitute Visa fraud.

 

I was concerned that when we go through the interview process when they ask when we were engaged, and we respond prior to her entering the US, it could imply some sort of fraud.

 

Has anyone had any experience with this?

You are allowed to marry on a visitors visa.. There is no law stating you can't marry on a visitors visa. And intent is only a CBP officer guideline and cannot be grounds for denial at a AOS interview. Visa fraud is lying to CONOFF about intention for applying for a tourist visa. If you had obtain the visa and gotten married on your first visit then that could be classified as visa fraud. But as far as I understand that was not the situation so you don't have a visa fraud problem!


PD:10/21/2016

NOA1:11/7/2016

Hardcopy NOA:11/10/2016

Biometrics Notice:11/12/2016

Biometrics App:11/22/2016

I485 Status update: As of December 5 we are ready to schedule your I485 for interview....

I130:Case Received

I765: 1/17/2017, New card is being produced

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