Shortcut to migrating?

[jimandjosil 0]

I have a friend who is getting married next April 2008 to a USC but fortunately, she was given a 10 yr multiple entry as tourist visa to the US this December. Now their plans are changing, they are thinking of her entering the US as tourist and will just get married there and probably adjust status. Is that possible? Or maybe just push through with the wedding and fly there for the honeymoon and don't come back and just adjust status. Or both situations are visa fruad? Any insights? Thanks.

[Nyte 1]

Brace for the flood.....

[jimandjosil 0]

Yeah I know quite frankly, I am almost irritated knowing I think she might be luckier than all of us here thinking she could get away with at least half part of the process and the bliss of being together with her partner all throughout the process, but of course she's still my friend and I would not want to see her suffer in the future any sound advice is helpful. thanks.

[Nyte 1]

As others will say, its all a question of intent. My wife was also in the USA when we filed for AOS and did not go through the K# process. She was here as a student, and although we knew each other, we had no intent of getting married nor filing AOS (let alone know what AOS was.)

I highly suggest that if you friend uses a tourist visa to enter that she leaves after the wedding and files the appropriate paperwork to obtain the appropriate visa. Stay on the side of the law always. Even though it might be difficult in the short term, imagine how much worse it could be if the case is misrepresented? Not good at all.

Best of luck to you!!!

[gwenneh 7]

The short answer is that as you describe it, both scenarios would be visa fraud. Entering on a tourist visa with the intent to stay is fraud.

[Mags 112]

I have a friend who is getting married next April 2008 to a USC but fortunately, she was given a 10 yr multiple entry as tourist visa to the US this December. Now their plans are changing, they are thinking of her entering the US as tourist and will just get married there and probably adjust status. Is that possible? Or maybe just push through with the wedding and fly there for the honeymoon and don't come back and just adjust status. Or both situations are visa fruad? Any insights? Thanks.

It depends if the visa is a dual intent visa.

[jimandjosil 0]

When you say....it's all about the intent....how is it measurable? is there a specific set of events that need to precede in order for the consuls or adjudicators to say this is clean while the other case is not? Just curious.

[Nyte 1]

When you say....it's all about the intent....how is it measurable? is there a specific set of events that need to precede in order for the consuls or adjudicators to say this is clean while the other case is not? Just curious.

Do you intend to enter the USA under false pretenses? That means that you're using a visa for a purpose that it wasn't intended. A tourist visa is a non-immigrant visa. This person is intending to immigrate.

[jimandjosil 0]

So when does the possible deportation take place? At the POE if they declare that they just got married and are in the US for honeymoon? or if they let her in and if the USC applies for her I-130 while she's here, will they arrest her at their house and have her ban for a number of years?

[Mags 112]

So when does the possible deportation take place? At the POE if they declare that they just got married and are in the US for honeymoon? or if they let her in and if the USC applies for her I-130 while she's here, will they arrest her at their house and have her ban for a number of years?

If she stays and adjusts status here, whilst using a non-immigrant visa to do so and her intent at POE was to stay rather than visit, then she will be asked about these issues at her AOS interview. If the officer detects that she did intend to commit fraud and try to circumvent certain immigration paths then she will be denied her green card. She could also be given a ban and be unable to enter the USA again.

If it is detected at POE that she intends to stay, rather than visit, then she will just be turned around and sent home again. Possibly with a ban also.

Edited December 26, 2007 by Mags

[chispas 0]

So when does the possible deportation take place? At the POE if they declare that they just got married and are in the US for honeymoon? or if they let her in and if the USC applies for her I-130 while she's here, will they arrest her at their house and have her ban for a number of years?

If she stays and adjusts status here, whilst using a non-immigrant visa to do so and her intent at POE was to stay rather than visit, then she will be asked about these issues at her AOS interview. If the officer detects that she did intend to commit fraud and try to circumvent certain immigration paths then she will be denied her green card. She could also be given a ban and be unable to enter the USA again.

If it is detected at POE that she intends to stay, rather than visit, then she will just be turned around and sent home again. Possibly with a ban also.

I agree with Mags on this. It seems that no matter what the suggestion, this couple will go through with their idea. If you convince them to do otherwise, they might blame you for their long wait. We all know intent to remain here is the biggest part of the puzzle and convincing USCIS will be their responsibility that there was no intent.

So.. give them the options and let them decide for themselves. If they choose to not abide by the law, then they'll bear the fruit of choice. Otherwise... Here on VJ no one will be able to counsel them on how to circumvent laws.

Good Luck

[Mags 112]

Here on VJ no one will be able to counsel them on how to circumvent laws.

Good Luck

Exactly. VJ does not condone, in any way, visa fraud, nor does it encourage its members to advise people on how to do this.

[sunandmoon 450]

So when does the possible deportation take place? At the POE if they declare that they just got married and are in the US for honeymoon? or if they let her in and if the USC applies for her I-130 while she's here, will they arrest her at their house and have her ban for a number of years?

If she stays and adjusts status here, whilst using a non-immigrant visa to do so and her intent at POE was to stay rather than visit, then she will be asked about these issues at her AOS interview. If the officer detects that she did intend to commit fraud and try to circumvent certain immigration paths then she will be denied her green card. She could also be given a ban and be unable to enter the USA again.

If it is detected at POE that she intends to stay, rather than visit, then she will just be turned around and sent home again. Possibly with a ban also.

I agree with Mags on this. It seems that no matter what the suggestion, this couple will go through with their idea. If you convince them to do otherwise, they might blame you for their long wait. We all know intent to remain here is the biggest part of the puzzle and convincing USCIS will be their responsibility that there was no intent.

So.. give them the options and let them decide for themselves. If they choose to not abide by the law, then they'll bear the fruit of choice. Otherwise... Here on VJ no one will be able to counsel them on how to circumvent laws.

Good Luck

from what has been stated, it would be visa fraud to come here on a tourist visa with the intent to stay.

do some do as has been suggested and get away with it, they probably do. If they slip up along the way, they should be prepared to face the consquences.

[pushbrk 12,898]

I have a friend who is getting married next April 2008 to a USC but fortunately, she was given a 10 yr multiple entry as tourist visa to the US this December. Now their plans are changing, they are thinking of her entering the US as tourist and will just get married there and probably adjust status. Is that possible? Or maybe just push through with the wedding and fly there for the honeymoon and don't come back and just adjust status. Or both situations are visa fruad? Any insights? Thanks.

As described, both are visa fraud, because the intent upon entry is to use a tourist visa to immigrate.