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MndM

Is it considered Visa Fraud?

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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 ?

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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?

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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

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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.

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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. 

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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. 
 

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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. 

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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.


2005: Met my wife online, "Habbo Hotel" instantly became friends.

2007: Lost contact with her, as we both lived thousands of miles away.

2010: Regained contact with her, again instantly became best friends.

~At this point we'd talked about visiting the others country~

ADJUSTMENT OF STATUS TIMELINE

October 16th 2010: Landed at JFK INTERNATIONAL TERMINAL 2 under Visa Waiver Program.

October 17th 2010: Nicole (now my wife) took me to manhattan and treat me like no other.

November 13th 2010: Got Engaged!

December 17th 2010: We got married!

January 14th 2011: VISA EXPIRED (No AOS papers sent yet)

February 20th 2011: Filed for AOS (Sent in I-130 / I-864 / I-485)

March 7th 2011: Received NOA for I-130 / I-485

March 18th 2011: Biometrics taken

March 26th 2011: RFE MEDICAL

April 12th 2011: Medical Sent (ouch the needles)

April 18th 2011: Medical received my USCIS

April 30th 2011: I-765 (Employment Authorization Documentation) Sent

May 4th 2011: Rejection notice I-765 (I forgot to tick "applying for first card" at top of application)

May 9th 2011: New receipt for I-765 received

June 10th 2011: INTERVIEW DATE / JULY 13th 2011

June 15th 2011: EAD CARD PRODUCTION ORDERED

June 20th 2011: EAD CARD IN HAND

June 22nd 2011: SSN APPLIED

June 24th 2011: SSN IN HAND

July 13th 2011: Adjustment of Status Interview (A P P R O V E D)

July 13th 2011: Email confirmation Card Production Ordered

July 18th 2011: Second email confirmation Card Production Ordered (-.-)

July 19th 2011: Post Decision Activity

July 23rd 2011: Green Card Arrived!!!

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