Visa Fraud- Using B-2 with intention to immigrate

[eric_and_teresa 10]

Hi eric_and_teresa,

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In answer to your question:

As I said before, I was questioned under scrutiny for 2hrs when I arrived at the border/POE on a B-2 Visa. And it certainly didn't help either that we had a full carload of mainly/mostly my husband's (not mine) personal belongings at that time when we crossed over then. It was definitely an unpleasant experience at that time when we crossed over. What a nice way to say "Welcome to America. Enjoy your visit." indeed! Since then, other than that one time, I've had no problems crossing back and forth over the Canadian/American border, especially now that I have my green card when I cross back home into the USA. Even when I went back to Canada a few months later, after I got my green card, with a full carload of my personal belongings to bring back to the USA, I didn't have problems then either.

As for the AOS interview, in contrast, I was surprised that they never asked us about my intent to immigrate on a B-2 visa, even though I thought beforehand that they would ask that then. The AOS interview for us lasted about 10-15 minutes or so, and the few questions they asked were more so about our relationship/marriage and other issues. Funny thing though, at the AOS interview, the Immigration Officer did ask, "Since you came over from Canada, why did you get a B-2 Visa for your short-term visit here?" (as Canadians are exempt from getting visitor's visas when crossing over to the US and commonly travel over the border at that location without passports or visas at all). And I replied back, "I don't know, you tell me. I just gave them my Canadian passport to show as identification for my visit here, and I was issued and stamped with a B-2 Visa in it." And to this day, I still don't know why I got that B-2 Visa stamp in my Canadian passport, though the stamp there makes for an interesting souvenir of that nightmare-ish experience I had that day.

And yes, maybe in the end, as you said, "the USCIS has many other things to worry about that they don't really care if people use a B-2 to immigrate, in this type of cases."

Good luck with your immigration journey too, eric_and_teresa.

Ant

I'm so sorry you went through all that, visiting the U.S. can easily become an awful experience for some visitors! They make you feel sooo nervous with all the questions, and of course they are just doing their job, but they are very rude sometimes. I have had my share of nice and not so nice CBP officers while visiting the U.S. but I had never been question for hours though. My aunt had a similar experience than yours while entering through Houston, she was held for a couple hours and almost missed her next flight. I'm just glad that my next trip to the U.S. will be the last time entering with a visa and next time I'll have my green card (hopefully!).

Good luck to you too

Edited August 7, 2008 by eric_and_teresa

[antda 13]

Hi Eric_and_Teresa,

That's ok about my bad experience, as with everything in life, there's always a "bad that comes before the good", and of course, "life is a journey, a challenging immigration journey", as l like to say. I agree, visiting the US can sometimes not be the best experience for some visitors. I know that they are doing their job, but at least they can be polite about it and make the visitor feel welcomed about their visit. After all, "a happy customer is a returning customer", as the saying goes. Sorry too, that you and your aunt had not-so-nice/bad experiences when visitng the US. I hope too, that yours and your aunt's next trips to the US is a better experience. Good luck with getting your green card too.

Ant

I'm so sorry you went through all that, visiting the U.S. can easily become an awful experience for some visitors! They make you feel sooo nervous with all the questions, and of course they are just doing their job, but they are very rude sometimes. I have had my share of nice and not so nice CBP officers while visiting the U.S. but I had never been question for hours though. My aunt had a similar experience than yours while entering through Houston, she was held for a couple hours and almost missed her next flight. I'm just glad that my next trip to the U.S. will be the last time entering with a visa and next time I'll have my green card (hopefully!).

Good luck to you too

[Benika 1]

I have a friend who is planning on coming to America in about a months time - with the full intend to get married and stay in America. She is fully aware that she is going to be committing visa fraud. She will enter the US and get married 2 weeks after arriving in the US in a church wedding with all of her family and a lot of her friends from all over the US attending.

She has been engaged to her fiancé for more than a year (so they could have had a K1 visa by now if she applied) and has been planning the wedding for more than a year. Both her and her fiancé has been living in Korea. Korea allows for Direct Consular filing ... so really she could have had a visa within about 3 months.

So why take the risk? Because her fiancé does not like "hassles" and she does not want to "make life difficult for him". Oh and .... "I'm Canadian ... its easier for us"

The question is always asked how it is possible to know if it was a spur of the moment thing or a pre-planned fraud. I think a huge wedding 2 weeks after entering the US is very clear. Even a superficial check should show that, but I very much doubt if a check will be made, and I am fairly sure her gamble will pay off.

Did I consider doing the same thing myself? Hell yeah!! Am I going to? No, for a whole lot of reasons:

1: It IS a gamble. Maybe not many people get caught out, but some do.

2: Many of my friends find it “too spiritual” but I really believe that if you start your life together with fraud you are inviting bad things into your life.

3: I think the wait for the K1 visa is ridiculous, but if we all start to try to find ways around the things we don’t like … where does it end?

4: I will be marrying a military man, he will get deployed, we will be separated (so is she) it is a fact of military life. I would rather find out before we get married if we can’t deal with it.

Is a part of me selfish and nasty and wishing that she gets found out and deported – yes. And for the reasons stated – I’m human, I hate it when it’s easier for other people than for me. But mainly I am wishing she gets found out due to another friend, who is young and pretty, and has a boyfriend in America, but no intention to marry him until they both finish University and he comes back to Korea (He is studying in the US) But she cant get a visa to the US cause they don’t believe she is not going there to get married and stay.

[wifetobe 2]

Yeah I would have to agree it's BS, but hey... not all commit fraud on a B2 with intent to immigrate. You shouldn't wish a couple "more hell and scrutiny" that's quite spiteful and pitiful actually. You are saying in other words that the US government don't know how to handle their jobs? What if a B-2 visa holder was innocent and fell in love innocently and wanted to be with them and not even knowing they indeed have an option of AOS?

Hater!

[Big Papa Zone 93]

Yeah I would have to agree it's BS, but hey... not all commit fraud on a B2 with intent to immigrate. You shouldn't wish a couple "more hell and scrutiny" that's quite spiteful and pitiful actually. You are saying in other words that the US government don't know how to handle their jobs? What if a B-2 visa holder was innocent and fell in love innocently and wanted to be with them and not even knowing they indeed have an option of AOS?

Hater!

Did someone get out of bed the wrong side this morning!!???

[wifetobe 2]

Yeah I would have to agree it's BS, but hey... not all commit fraud on a B2 with intent to immigrate. You shouldn't wish a couple "more hell and scrutiny" that's quite spiteful and pitiful actually. You are saying in other words that the US government don't know how to handle their jobs? What if a B-2 visa holder was innocent and fell in love innocently and wanted to be with them and not even knowing they indeed have an option of AOS?

Hater!

Did someone get out of bed the wrong side this morning!!???

moi? naaaah

[eric_and_teresa 10]

Yeah I would have to agree it's BS, but hey... not all commit fraud on a B2 with intent to immigrate. You shouldn't wish a couple "more hell and scrutiny" that's quite spiteful and pitiful actually. You are saying in other words that the US government don't know how to handle their jobs? What if a B-2 visa holder was innocent and fell in love innocently and wanted to be with them and not even knowing they indeed have an option of AOS?

Hater!

Yes, not all commit fraud when they marry and stay on a B-2 but this thread is about those who do commit visa fraud. And in the case that Benika posted, her friend has intention to immigrate through a B-2. Please re-read her/his point. This thread is not about those who came to visit, fell in love, and decided to marry stay. If someone wants to discuss how that is not considered visa fraud, then start another thread on that matter, because that certanly, is NOT the topic on this thread. This thread is about people who use a non-immigrant visa with the intention to immigrate.

So what if Benika is saying that the U.S. government is doing a bad job! I'm sure he/she is not the first nor the last person to make such comment!

Edited November 8, 2008 by eric_and_teresa

[wifetobe 2]

Yeah I would have to agree it's BS, but hey... not all commit fraud on a B2 with intent to immigrate. You shouldn't wish a couple "more hell and scrutiny" that's quite spiteful and pitiful actually. You are saying in other words that the US government don't know how to handle their jobs? What if a B-2 visa holder was innocent and fell in love innocently and wanted to be with them and not even knowing they indeed have an option of AOS?

Hater!

Yes, not all commit fraud when they marry and stay on a B-2 but this thread is about those who do commit visa fraud. And in the case that Benika posted, her friend has intention to immigrate through a B-2. Please re-read her/his point. This thread is not about those who came to visit, fell in love, and decided to marry stay. If someone wants to discuss how that is not considered visa fraud, then start another thread on that matter, because that certanly, is NOT the topic on this thread. This thread is about people who use a non-immigrant visa with the intention to immigrate.

So what if Benika is saying that the U.S. government is doing a bad job! I'm sure he/she is not the first nor the last person to make such comment!

Fair point though I will continue to post my thoughts in any related thread I choose.

[desert_fox 32]

Adjusting status from a B2 is hardly a loophole. Congress specifically addressed this issue and authorized it. A loophole would be an ommision that was not previously thought out; that people are taking advantage of it, and it should probably be plugged up with new legislation.

A loophole was when the K-1 was first authorized, people would come here on a petition from a qualified petitioner, and marry someone else and adejust status. This was their original intent.. It took new loegislation from Congress to plug this loophole.

[trailmix 77]

So why take the risk? Because her fiancé does not like "hassles" and she does not want to "make life difficult for him". Oh and .... "I'm Canadian ... its easier for us"

Of course it is no easier for Canadians - sounds like she is either naive or making excuses. Regardless, I wish them both well

(Although it would seem Canadians are given, generally, less scruitiny than some people from other countries - which is true of many countries - but they still have to follow the rules and jump through all the same paperwork hoops).

Edited December 13, 2008 by trailmix

[Caladan 19]

I don't have a problem with a fraudulent couple being sent back, but I see no reason to separate a legitimate, non-fraudulent couple out of some misguided sense of fairness. Think of it like this: if they officially made it so that a marriage on a B-2 or VWP was a never a problem in the absence of fraud, there'd be more resources free at NVC and State to issues visas and investigate cases for people who weren't able to obtain B-2s. Everyone still has to file the I-130, the I-864 and all the rest of the paperwork; AOS is still AOS.

So if anything my intuitions run the other way. C.'s interview in Vancouver was the most ridiculous rubber stamp ever. There was really no pressing immigration need for us to have gone through the time and expense.

[Caladan 19]

It isn't people coming here and getting married that cause the concerns of USCIS for a tourist visa, it is the people that come here and stay illegally. The few that come here and marry a USC is a small amount compared to the ones that come here to stay without any way of immigrating legally.

Exactly. It's not due to marriage visa fraud that the VWP privileges get revoked.

[andreea 0]

Benika, sorry if this will sound offensive, but how can u call someone a friend and wish them to get caught, deported, and so on? yr frustration is understandable, but to go to the point where u wish harm to someone? I dont know what someone has to do to me personaly to wish them bad. i felt jealous on someone's luck before, yes, I am human, but I dont remember to wish someone's bad. mostly to someone i call a friend.

my opinion in this B2 visa fraud is that yes, it is not fair, but hey, this is life, unfair in general. fact that some ppl take this shortcut doesnt affect me personaly. ppl have options, go through them , make their decision and live with the effects. I dont waste my time thinking about it, love it or hate it as long as it doesnt cross my path and affect my life. they do it and works for them? ok, wish them best of luck in their marriage. it doesnt work? i cant say oh, good , they been taught a lesson, because i know how is to be separated and i dont wish this to my worst enemies. so i kind of pitty them , even if is the consequences of their acts. but truth is if all those would go for K1, CR1, K3, just then they would be in my way, because would be a bigger load of files in front of mine. so as for me, Id wish everyone else would take the B2 shortcut and my case would be the only one at VSC. what annoys me more than this visa fraud how u call it, is the way system works. how some ppl who files after me by months get approved before, at same service center. but ppl taking shortcuts? no. why would i invest time in hating ppl i dont even know, when their only mistake is thinking of ways they can be happy sooner and taking the risk for it?

[Ihavequestions 419]

I've tried really really hard to keep my fingers away from the keyboard on this topic because I just don't know if I can stop myself once I get started.

First, let me dump this one: Part of the problem has to lie with the USCIS itself. Really, those are the folks adjusting status for men who come to the US based solely on the reason they have significant ties to their home country (wife, children, property) and then later approve the AOS on those same men who have recently married a US citizen who came on a visitor's visa and overstayed - without bothering to ask for proof of a divorce from wife number one (and two, and three, whatever the case may be). These are the same people who soon find themselves staring at petitions from same said green card holder petitioning for the children of these marriages.

I live in a high-fraud country. Trust me, these people are quite candid about "taking the papers." Just today I was privy to an interesting conversation, between one person who had a green card but hasn't been in the US for two years and another green card holder who has been out of the US for almost six months and is terrified that when she goes back, before the six month "limit" she believes she has, but was almost denied because the previous time she had been out of the US she was gone for two years and almost wasn't let back in. The words of advice from out of the US #1 to out of the US #2: Just get a new passport because at the US POE all they look at is the stamps in the passport and nobody will know how long she's been gone. Easy!

How can Immigration NOT know these things?

[babynursetobe 0]

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!!!

It makes me angry as well. Especially for those of us who have SO in countries that its basically impossible to get a visitor's visa. We all are doing the right thing and waiting our turn and here they are getting to be together immediately and don't have to suffer through the pain and aggrevation this immigration process puts you through. How UNFAIR!! As they say though "bad kharma bites you in the ### eventually"..........