Is it considered Visa Fraud?

[MndM 0]

I came to the US twice in July 2016 and Feb. 2017

 

the second time after I came I decided to marry and file AOS 

- Marriage 03/11/207

- Filed AOS 05/09/2017

 

I am currently waiting for interview, but based on the timing above is that considered a visa fraud ? 

What kind of proof can I provide in this matter ?

[barashka 97]

7 minutes ago, MndM said:

I came to the US twice in July 2016 and Feb. 2017

 

the second time after I came I decided to marry and file AOS 

- Marriage 03/11/207

- Filed AOS 05/09/2017

 

I am currently waiting for interview, but based on the timing above is that considered a visa fraud ? 

What kind of proof can I provide in this matter ?

What kind of visa did you come to the United States with for each of those visits?

[ThomasNC1988 762]

Visa fraud isn't determined by timing it is determined by intent. If the CBP officer asked you why you were here and you told him to visit knowing you intended to stay then that is Visa fraud.

[MndM 0]

24 minutes ago, visaquestions123 said:

What kind of visa did you come to the United States with for each of those visits?

Tourist Visa

13 minutes ago, ThomasNC1988 said:

Visa fraud isn't determined by timing it is determined by intent. If the CBP officer asked you why you were here and you told him to visit knowing you intended to stay then that is Visa fraud.

But I heard of the 90 Day rule that they use to determine fraud

[ThomasNC1988 762]

3 hours ago, MndM said:

Tourist Visa

But I heard of the 90 Day rule that they use to determine fraud

Well it's about presumption. It's often said that if you get married too soon you have to overcome that presumption. Assuming you really didn't intend to marry when you entered you should be able to prove that easily. Like still having a lease and stuff like that in your home country, but it's likely it will not even be asked about.

[Diane and Chris 651]

What were your ties to your home country when you came for the second visit?  How were you able to stay and not tie up any loose ends after entering and marrying?  Just some questions you may need to answer at interview. 

[AtlToBlr 64]

Intent is determined at the POE. As long as the officer at the entry did not ask you questions about intentions to immigrate you should be fine (DID THEY?). 
The AOS interview is done to make sure you are eligible for adjusting based on primarily the marriage and your record (crime, etc). As such, USCIS cannot deny your application on intent alone. 
Of course, be prepared to answer any questions that might come up but more than likely it is not going to be an issue. 
 

[AtlToBlr 64]

22 hours ago, Diane and Chris said:

What were your ties to your home country when you came for the second visit?  How were you able to stay and not tie up any loose ends after entering and marrying?  Just some questions you may need to answer at interview. 

Respectfully, no. Highly unlikely that they would have to answer these questions if they came to the country legally. 

[BenjaminUKtoUSA 7]

If you came over with the intent to marry, then yes, its fraud.  However, if you came over and it was decided during your stay, then you should be fine.

 

Be honest, open about it, if it's a legitimate marriage and occurred impromptu during your stay, you should be fine.