Visa Fraud- Using B-2 with intention to immigrate

[TBoneTX 45,031]

Why can't the US be that easy.

One word: Volume.

[rebeccajo 14]

My wife and I did not our "howework" when it came to us getting married, or where to get married. We desided to get married in Brazil, where she lives. After we got married I went to the Federal Police and applied for my permanent visa. Left my passport there, went back the next day and pick up my passport with a stamp in it. That was it. Why can't the US be that easy. I only had to pay R$102.00 That is about $65.00USD. That was it. Now I have to way about 6 months before I get my "GreenCard" I can come and go from Brazil with just the stamp they put in my passport. VERY EASY. But we are together. I entered Brazil on a tourist visa with the intent on marring, and the Federal Police say that was okay. I think the US need to look at the immigration law and change them. Make it easier for us to bring our husband/wife there.

I am now going to do DCF for here from Brazil. I have told her we are going to do it one time. If we get it then that is great, it now then that is great too. We are still together. To me that is the main thing.

VernonandDaniele, New Zealand is the same. Every encounter with immigration there has been great.

I renewed my resident's visa last year and it took the embassy in Washington DC no more than 24 hours to process and send back my passport.

(this event was similar to removing conditions on a US Green Card - I had my 2 year permit changed to indefinite)

Because not as many people are trying to immigrate to either of those nations.

[Trompe le Monde 1,107]

Or they have the appropriate amount of staff in place to deal with the volume of visa applications

[R de la R 2]

Has your fiancee tried entering under the B-2 to visit you. If she can get past POE, then at least you could be together for the remaining time

best of luck!!!

dvc

She was denied entry on B1/B2 last Oct after we filed the I-129F because of 'intent'. It was a load of #######, as she possessed all the tries home AND even got the B visa from Auckland just so that she could spend more than the 90 days WVP timeframe in the US with me. Auckland knew of her relationship and had no issue granting the B visa. CBP treated us very poorly and treated her like a criminal. We have had it up to and beyond the limit with US immigration. I am 4 months from re-located back to Auckland and saying to hell with the US (I moved back to the US last summer).

Wow! I'm so sorry to hear that, this is the type of things that just piss me off, people who do the right thing always get screwed at the end for being honest and abiding by the rules!

Going throught the POE using a B-2 is one of the most stressful situations I've ever dealt with! I know the IO are doing their job but they do have a way to treat people like #######! And you know what the funny thing is? They let in hundreds of people that come with the intent not only to marry but with the intent to work on B-2's, I know lots of cases lof people traveling back and forth with tourist visas who come to the US to work regularly!

I'm so sorry that your fiance had to go through that.

Going throught the POE using a B-2 is one of the most stressful situations I've ever dealt with! I know the IO are doing their job but they do have a way to treat people like #######! Fully agree with you.

[Ed+Cindy 1]

My wife and I did not our "howework" when it came to us getting married, or where to get married. We desided to get married in Brazil, where she lives. After we got married I went to the Federal Police and applied for my permanent visa. Left my passport there, went back the next day and pick up my passport with a stamp in it. That was it. Why can't the US be that easy. I only had to pay R$102.00 That is about $65.00USD. That was it. Now I have to way about 6 months before I get my "GreenCard" I can come and go from Brazil with just the stamp they put in my passport. VERY EASY. But we are together. I entered Brazil on a tourist visa with the intent on marring, and the Federal Police say that was okay. I think the US need to look at the immigration law and change them. Make it easier for us to bring our husband/wife there.

I am now going to do DCF for here from Brazil. I have told her we are going to do it one time. If we get it then that is great, it now then that is great too. We are still together. To me that is the main thing.

VernonandDaniele, New Zealand is the same. Every encounter with immigration there has been great.

I renewed my resident's visa last year and it took the embassy in Washington DC no more than 24 hours to process and send back my passport.

(this event was similar to removing conditions on a US Green Card - I had my 2 year permit changed to indefinite)

Because not as many people are trying to immigrate to either of those nations.

Actually as a percentage of the total population, NZ has a larger problem with illegal immigrants than we do...most are from Asia and just stay there past their visits.

[rebeccajo 14]

My wife and I did not our "howework" when it came to us getting married, or where to get married. We desided to get married in Brazil, where she lives. After we got married I went to the Federal Police and applied for my permanent visa. Left my passport there, went back the next day and pick up my passport with a stamp in it. That was it. Why can't the US be that easy. I only had to pay R$102.00 That is about $65.00USD. That was it. Now I have to way about 6 months before I get my "GreenCard" I can come and go from Brazil with just the stamp they put in my passport. VERY EASY. But we are together. I entered Brazil on a tourist visa with the intent on marring, and the Federal Police say that was okay. I think the US need to look at the immigration law and change them. Make it easier for us to bring our husband/wife there.

I am now going to do DCF for here from Brazil. I have told her we are going to do it one time. If we get it then that is great, it now then that is great too. We are still together. To me that is the main thing.

VernonandDaniele, New Zealand is the same. Every encounter with immigration there has been great.

I renewed my resident's visa last year and it took the embassy in Washington DC no more than 24 hours to process and send back my passport.

(this event was similar to removing conditions on a US Green Card - I had my 2 year permit changed to indefinite)

Because not as many people are trying to immigrate to either of those nations.

Actually as a percentage of the total population, NZ has a larger problem with illegal immigrants than we do...most are from Asia and just stay there past their visits.

That happens in the US as well. The place is full of 'over-stayer's'.

You can't use 'percentage of population' as a comparison either. If you take 1% of 1000, that's 10. Take 1% of 10,000,000 and that's 100,000. You have to look at the actual number of people. Hands down there are more people trying to immigrate to the US than any other nation on earth.

I'm not saying that we don't have a mess over here with all the rules and hoops people have to jump through. But the sheer number of applicants only compounds the problem.

[crazytown4u 0]

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?

Yes I think they can, but there are people who do come to get married and lie about just coming to vist and thats the people i dont like lol Its not fair for everyone else to suffer and they get an easy pass but also i can under stand someone here on a visa for school are whatever and falling in love & geting married im kool with them.

[crazytown4u 0]

As long as they pay taxes they can over stay all they wont lol I dont like the over stayers who work and dont pay taxes .

[NickD 202]

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'?

Depends on the country your intended spouse is from, could be much quicker to get a K1 than your intended spouse to get a visa to come here, or the other way around. And if your spouse doesn't own property, has a full time job, would be absolutely impossible to get a visa to come here, so K1 is the only other alternative.

Just sounds like a BS discussion to me, not really beating the system, and in either case, the burden of proof is on your shoulders to prove that you did not marry this person just to bring them here. You take the responsibility with the I-864 and can get a $250,000 fine and/or five years in a federal prison.

Of more concern to me than the USCIS is knowing the person I am making a commitment to and a very expensive one at that is true, and the only way to find that out is to spend a lot of time with that person. With a typical K1, meet the intended just once and in their country and live in a dream world over the net, and in most cases with a K1, that is the first time that person comes here and doesn't even know if that person would even like this country. And they only give you 90 days to make a decision which isn't long enough to really to get to know that person.

If the marriage does not last, the USC, especially the male can take a real beating in a divorce court depending on your laws, or can marry someone that said you hit her or other ####### like that. And if that person seeks private or government aid afterwards, you are stuck with the bill.

The entire system is wide open for criticism.

[iLoveAPolishGirl 0]

f the marriage does not last, the USC, especially the male can take a real beating in a divorce court depending on your laws, or can marry someone that said you hit her or other ####### like that. And if that person seeks private or government aid afterwards, you are stuck with the bill.

Well, that's really a "problem" with the marriage process itself... not K-1 visa or any other immigration approach! People make bad marriage choices all the time... USCIS is not and should not be some kind of 'babysitter' for legally aged adults

I don't see how USCIS can or should "fix" such potential issues... they would have to change the definition of "legally able to marry", which is not their job!

The thing that bugs me is this whole "intent" BS, that's just stupid and doesn't work!! If you can visit and stay for 90 days or more here, why not allow marriage + AOS, whether initially intended or not? Makes no sense!!

dvc

Edited May 14, 2009 by iLoveAPolishGirl

[Ladylethal 12]

I can see how the immigration laws need a overhaul, what can indeed seem unfair and confusing is how they make the petitions each year more expensive and complicated in order to diminish fraud and yet we still have thousands of people every year marrying on a visitor visa and adjusting status without any glitches at all, and I'd even think the fraud would be even higher in those cases.

But then again I can't imagine meeting someone and getting married in a period of 90 days (usual max stay on a visitor visa) so I guess if I was a USCIS case reviewer I'd eye all "spur of moment" AOS petitions are suspicious.

Edited June 15, 2009 by *Laura*

[iLoveAPolishGirl 0]

But then again I can't imagine meeting someone and getting married in a period of 90 days (usual max stay on a visitor visa)

Actually, the usual stay MIN given on an I-94 for entry on a B-2 visa is 6 months. The MAX that can be given on entry is 1 year.

90 days applies to VWP visits.

dvc

[interested 0]

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?

People can come here and fall in love. That's not the problem. Once they've fallen in love and want to get married, the fiance or husband/wife should go back and do it right. IF YOU CAN'T DO IT RIGHT, GO HOME!!!!!!!!!!!

[LaL 418]

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?

People can come here and fall in love. That's not the problem. Once they've fallen in love and want to get married, the fiance or husband/wife should go back and do it right. IF YOU CAN'T DO IT RIGHT, GO HOME!!!!!!!!!!!

[TayRivers 4]

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?

People can come here and fall in love. That's not the problem. Once they've fallen in love and want to get married, the fiance or husband/wife should go back and do it right. IF YOU CAN'T DO IT RIGHT, GO HOME!!!!!!!!!!!

There is nothing illegal about falling in love with a USC while you are here on a VWP/Tourist visa and then filing for AOS as long as your intention on entry to the US was to leave the US at the end of your authorized visit.

Immigration law allows for this so anyone who chooses to do this is "DOING IT RIGHT" They are not breaking any laws.

So before you go spouting off and telling people to go home maybe you need to double check your information and read the law in regards to what is and what is not legal... IT IS NOT A LOOPHOLE IT IS WRITTEN INTO US IMMIGRATION LAW...