Visa Fraud- Using B-2 with intention to immigrate

[eric_and_teresa 10]

Just wanted to know your thoughts on couples using a tourist visa to get married in the U.S. and being able to apply for AOS, EVEN when they did have ALL the prior intention to use the tourist visa to immigrate to the U.S. permanently.

It just upsets me sooo much everytime I hear of someone else taking this "shortcut" and getting away with it! I just had a discussion with some guy in another forum on this subject and he was so cool about it, he said they'd rather take the risk of being accused of visa fraud, because "the K-1 route is too long and does not adjust to their plans", and he disagrees with the immigration laws! What the heck???!!!!

Don't you all feel like everytime they let someone get away with this, it's like a slap on the faces of those of us who chose to do the righ the thing?

Would they ever change the regulations so it's not possible to apply for AOS if you got married on a B2? Or even if it remains possible why don't they put these couples to a stronger scrutinity? I've heard many people doing this, and not having ANY sort of problem during the interview! Some of us who chose the legal way, had a harder time on our interviews than they had!

It is just soooo upsetting! And so unfair! I come to VJ every day, and see so many couples dealing with all the pressures and stress of interviews at the Consulates, and hear their stories about the CO's putting people on reviews, or calling them for a second interview or even getting denied for stupid or not valid reasons, and on the other hand I see all these law breakers, using the B-2 route to immigrate and getting away with it, and it just irks me!!!

[eric_and_teresa 10]

I just realized I posted on the wrong forum, can someone move this to Immigration Discussion and News? Please? Thanks!

[Ban Hammer 13,334]

moved

and yes, it burns me up to that they are taking advantage of the system instead of following the preferred route.

[*JG* 2]

I think it's BS as well. I personally thing, they should be sent back home and forced to then apply for the K-3 or CR1.

It's very unfair all the way around.

[sara..... 371]

i think that it makes those of us that try to do it the right way look like fools for waiting the ridicules amount of time that the service centers and then embassy's make u wait .......they come here with full intent to marry on b1 visa we make it known we intend to marry or are married what ever the case maybe and we are penalized......they say there is not any loop holes in in immigration i beg do differ...................

[Steve'sGirl 0]

Couldn't agree more. Wish they would close that loophole once and for all.

[greeneyedgirlfl 0]

Couldn't agree more. Wish they would close that loophole once and for all.

I concur...what makes them so bloody special? If I knew how easy it was, I might have been tempted to do it. A friend of mine did it last summer, and he got his new wife's green card in less than 3 months...

I have a feeling that Darren's green card will take much longer...

[rebeccajo 14]

Couldn't agree more. Wish they would close that loophole once and for all.

You think people shouldn't be able to come here for a visit, meet someone, fall in love, and get married?

[rika60607 215]

Since you wanted to know our thoughts...

1. Current immigration law is not good. That's why it is broken sooo many times. That is why it needs to change.

2. Those that use the loophole are either brave souls or simpleminded people not realizing what consequences may follow.

If anything, I applaud them for taking advantage of the system. Way to go. They don't break the law, so all is cool.

[tmma 467]

Since you wanted to know our thoughts...

1. Current immigration law is not good. That's why it is broken sooo many times. That is why it needs to change.

2. Those that use the loophole are either brave souls or simpleminded people not realizing what consequences may follow.

If anything, I applaud them for taking advantage of the system. Way to go. They don't break the law, so all is cool.

That's just it. They are not breaking the law. Some people actually do meet someone here whilst on a student visa, work visa or VWP and decide to marry spur of the moment, adjust status and no laws have been broken. If intention beforehand is discovered; the consequences are harsh, however.

[rebeccajo 14]

Since you wanted to know our thoughts...

1. Current immigration law is not good. That's why it is broken sooo many times. That is why it needs to change.

2. Those that use the loophole are either brave souls or simpleminded people not realizing what consequences may follow.

If anything, I applaud them for taking advantage of the system. Way to go. They don't break the law, so all is cool.

*crosses arms*

Let me give you a scenario and see if you think this would be 'immigration fraud' -- or 'taking advantage of the system' as you put it.

A couple has filed for K1. He visits her in the US (while the petition is in process but before it is approved) and after a lovely visit, it is time for him to go home. He cancels his flight home on the scheduled day because there has been an act of terrorism in his country that morning and the situation in the Capital (where he would be landing) is uncertain. He attempts to fly home three days letter but is foiled again by flight cancellations due to horrendous weather up and down the eastern US coast. On his third attempt to leave, the first flight out he is to take is delayed because the weather has not subsided still. It looks as if all flights may cancel again.

He says to her, standing in the airport as they wait to see if the flights are again cancelled - "I have tried to leave your country three times. If I cannot get out today, to hell with it - we are getting married and I am staying".

Is that fraud? Are they abusing the system?

Edited June 30, 2008 by rebeccajo

[Trompe le Monde 1,107]

There are many, many cases where there is no fraud, and yes, it is currently legal. But there's also good reasons why it should discontinued, at least from VWP or B tourist visas because it does allow for abuse. Although I personally have no problems with adjusting from other visa categories, when someone has already been living here longterm.

[Ivy. 113]

Is that fraud? Are they abusing the system?

The way I see it (and I might be wrong) - no, it's not. He entered the state with the intention to leave it. He even tried to leave it. His intention changed while he was already inside and it's okay if he gets married and applies for AOS.

So, the way I understand American laws... this is perfectly fine.

[Donna A 4]

Since you wanted to know our thoughts...

1. Current immigration law is not good. That's why it is broken sooo many times. That is why it needs to change.

2. Those that use the loophole are either brave souls or simpleminded people not realizing what consequences may follow.

If anything, I applaud them for taking advantage of the system. Way to go. They don't break the law, so all is cool.

*crosses arms*

Let me give you a scenario and see if you think this would be 'immigration fraud' -- or 'taking advantage of the system' as you put it.

A couple has filed for K1. He visits her in the US (while the petition is in process but before it is approved) and after a lovely visit, it is time for him to go home. He cancels his flight home on the scheduled day because there has been an act of terrorism in his country that morning and the situation in the Capital (where he would be landing) is uncertain. He attempts to fly home three days letter but is foiled again by flight cancellations due to horrendous weather up and down the eastern US coast. On his third attempt to leave, the first flight out he is to take is delayed because the weather has not subsided still. It looks as if all flights may cancel again.

He says to her, standing in the airport as they wait to see if the flights are again cancelled - "I have tried to leave your country three times. If I cannot get out today, to hell with it - we are getting married and I am staying".

Is that fraud? Are they abusing the system?

its not fraud or abusing the system but it is making excuses not to leave. just cuz he was stranded for a few days doesnt mean he will be stuck here forever. its not a life and death situation to wait and go back and wait for the k-1 to finish processing. no one likes to be seperated from their loved one but no one likes it either when someone cuts in line either.

[rebeccajo 14]

There are many, many cases where there is no fraud, and yes, it is currently legal. But there's also good reasons why it should discontinued, at least from VWP or B tourist visas because it does allow for abuse. Although I personally have no problems with adjusting from other visa categories, when someone has already been living here longterm.

I don't know how it could be discontinued. Honestly.

Can you think of a fair way?

Since you wanted to know our thoughts...

1. Current immigration law is not good. That's why it is broken sooo many times. That is why it needs to change.

2. Those that use the loophole are either brave souls or simpleminded people not realizing what consequences may follow.

If anything, I applaud them for taking advantage of the system. Way to go. They don't break the law, so all is cool.

*crosses arms*

Let me give you a scenario and see if you think this would be 'immigration fraud' -- or 'taking advantage of the system' as you put it.

A couple has filed for K1. He visits her in the US (while the petition is in process but before it is approved) and after a lovely visit, it is time for him to go home. He cancels his flight home on the scheduled day because there has been an act of terrorism in his country that morning and the situation in the Capital (where he would be landing) is uncertain. He attempts to fly home three days letter but is foiled again by flight cancellations due to horrendous weather up and down the eastern US coast. On his third attempt to leave, the first flight out he is to take is delayed because the weather has not subsided still. It looks as if all flights may cancel again.

He says to her, standing in the airport as they wait to see if the flights are again cancelled - "I have tried to leave your country three times. If I cannot get out today, to hell with it - we are getting married and I am staying".

Is that fraud? Are they abusing the system?

its not fraud or abusing the system but it is making excuses not to leave. just cuz he was stranded for a few days doesnt mean he will be stuck here forever. its not a life and death situation to wait and go back and wait for the k-1 to finish processing. no one likes to be seperated from their loved one but no one likes it either when someone cuts in line either.

So you wouldn't consider it fraud or abusing the system, but you would consider it 'cutting in line'?