Visa Fraud- Using B-2 with intention to immigrate

[Ladylethal 12]

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

Just going by Brazil and other high fraud countries, never seen people being given a stamp for more than 90 days for a tourist visa. They can though try to get the extension for the full 180 days.

[Ladylethal 12]

Double posting 'cus it took me a while to edit my post and the option was gone.

I believe USCIS should do an immigration law reform, to keep fighting against illegal immigration without putting such a burden on couples going through fiance/spousal visas, while using the same scrutiny used for these types of visa on internal adjustments.

Btw, I don't mean by that to say direct adjusting should take a long time to be processed, just that whatever is deemed necessary to prevent fraud through family immigration needs to be applied to internal adjustments, in order to really fight illegal immigration.

I can't really say if I would have gone down the tourist visa route since the moment I learned about the existence of a fiance visa I knew that was the legal route and proper way to do this and never thought about a shortcut. Perhaps if I hadn't heard of it or hadn't done any research I would have simply married Luis in Brasil and THEN figure out how to live in US, or simply get a visa and fly here and marry him. Either way the intention wouldn't be fraud, it'd be simply not know that coming here with the intention of getting married was fraud. I believe many couples are unaware of the existence of a K1 visa or can even imagine married couples showing up at the consulate trying to get some sort of authorization to fly "home" with their foreign wives/husbands without realizing what it takes to do that.

One thing I wonder is what guidelines does USCIS uses to verify intention when a couple adjusts from a non-family visa. It seems very subjective to me and my lawyer side would love to read the actual guidelines and inner proceedings in USCIS.

[LaL 418]

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

Just going by Brazil and other high fraud countries, never seen people being given a stamp for more than 90 days for a tourist visa. They can though try to get the extension for the full 180 days.

Springboarding from your post - in our experience of my Canadian Permanent Resident husband - when entering with a B2 the minimum on the I-94 is whatever they wanted it to be! He would state his business and how long - and they would give him time. That time usually included a few extra days past his return flight or intended departure date. Only once did they give him 6 months - the rest was 10 days, 2 weeks, etc.

I think the poster above might be confused with the validity of the B2 visa.. as opposed of the I94.

[Ladylethal 12]

Yep, last time I came here on a visitor's visa my I-94 was indeed stamped for 3-4 weeks, ending 3 days after my flight back was scheduled.

[iLoveAPolishGirl 0]

By USCIS regulation...

8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2 ( b ) Visitors

(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each ...

(2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid ...

So, if you know anyone who was given either less than 6 months OR more than 1 year for entry on a B-2, I suggest reporting the CO to USCIS.

dvc

[LaL 418]

Just because one specific quote out of the CFR says one thing - does not mean it is written in stone. The twists and turns immigration law takes is what fouls many people up. We had one member here who was traveling here from Canada every few weeks. CBP had told her on entry once - you cannot stay for 6 months. So she broke up her visits, but wound up staying here in the US more than 6 months out of the year when all tallied. She received a ban on re-entry attempt. Her waiver was denied and last I knew was still traversing the immigration journey 4 years later.

just one twist as an example:

From the CBP

How long can I stay in the U.S., and can I go to other countries while I'm in the U.S. on a B1 or B2 visa?

B1 and B2 visas are usually issued for a term of 10 years. Each visit may last up to six months, although some categories of visitors may apply to extend their visit for an additional 6 months. During your visit to the U.S., you may visit Canada, Mexico, or the Caribbean islands (not Cuba)for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I - 94 which you received when you first entered.

[rebeccajo 14]

By USCIS regulation...

8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2 ( b ) Visitors

(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each ...

(2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid ...

So, if you know anyone who was given either less than 6 months OR more than 1 year for entry on a B-2, I suggest reporting the CO to USCIS.

dvc

It isn't about the Consular Officer anyway. And if it were, you wouldn't be reporting he/she to USCIS. You'd report them to DOS.

It's about the CBP and decisions they make at point of entry. I recently entered Ireland and was not given 90 days even though they reciprocate the VWP with the United States. I was given a total of 12 days - two days beyond the length of our trip.

[john_and_marlene 162]

For every person from my wife's country that came as a visitor and adjusted status after marriage, there was 1 less couple in front of us waiting for an interview at the consulate. I'm glad they didn't return and increase the consulate's backlog.

[iLoveAPolishGirl 0]

The Code of Regulations is official US policy as written into law. So, if a (Customs Officer) CO does not follow that code, what are they following? This is supposedly a country of laws, or so our leaders like to repeat over and over and over. Either we follow our own regulations or not.

CBP had told her on entry once - you cannot stay for 6 months.

The CBP officer needs to learn how to do his job properly, obviously. It seems that we have quite a problem that needs to be addressed in this country with officers who are in charge of carrying out policy and not understanding what that policy is. There IS NO 6 month max... there IS a 6 month MIN. The CBP does not understand his/her own job obviously.

dvc

[LaL 418]

The Code of Regulations is official US policy as written into law. So, if a (Customs Officer) CO does not follow that code, what are they following? This is supposedly a country of laws, or so our leaders like to repeat over and over and over. Either we follow our own regulations or not.

CBP had told her on entry once - you cannot stay for 6 months.

The CBP officer needs to learn how to do his job properly, obviously. It seems that we have quite a problem that needs to be addressed in this country with officers who are in charge of carrying out policy and not understanding what that policy is. There IS NO 6 month max... there IS a 6 month MIN. The CBP does not understand his/her own job obviously.

dvc

I might not have been clear with my anecdote. The reason the CPB officer's statement was crucial for this VJ member is because she interpreted his statement as "you cannot stay for 6 months in one stretch". What she wound up doing was staying a few weeks then returned to Canada, then returning to the US. All totaled the duration of her stay was more than 6 months and she was turned back and was slapped with a ban (I forget the specific language) but it was regarding essentially living in the US (due to spending more time in the US vs. home country).

Regardless - you seem to be determined to believe that one blurb over other and above all else. I just wanted to offer our experience and what we know to be true.

[TayRivers 4]

The Code of Regulations is official US policy as written into law. So, if a (Customs Officer) CO does not follow that code, what are they following? This is supposedly a country of laws, or so our leaders like to repeat over and over and over. Either we follow our own regulations or not.

CBP had told her on entry once - you cannot stay for 6 months.

The CBP officer needs to learn how to do his job properly, obviously. It seems that we have quite a problem that needs to be addressed in this country with officers who are in charge of carrying out policy and not understanding what that policy is. There IS NO 6 month max... there IS a 6 month MIN. The CBP does not understand his/her own job obviously.

dvc

I dont know where you are getting your information from but every time any of my friends come to visit on a B2 tourist visa they are given 2 days beyond their return flight date. no more than that. They have never been given 6 months +

[iLoveAPolishGirl 0]

Every time my fiancee has come on a B2, she's been given six months. Even though her longest stay up 'till now has been 1 1/2 weeks. This time she came in with a planned stay of 5 weeks. Again she was given 6 months, as is written in law.

dvc

[TayRivers 4]

Every time my fiancee has come on a B2, she's been given six months. Even though her longest stay up 'till now has been 1 1/2 weeks. This time she came in with a planned stay of 5 weeks. Again she was given 6 months, as is written in law.

dvc

Then she is the exception to the rule, most people get the length of their stay plus a few days extra, that is the norm in reality..

[LaL 418]

Every time my fiancee has come on a B2, she's been given six months. Even though her longest stay up 'till now has been 1 1/2 weeks. This time she came in with a planned stay of 5 weeks. Again she was given 6 months, as is written in law.

dvc

Good for you

[eric_and_teresa 10]

Every time my fiancee has come on a B2, she's been given six months. Even though her longest stay up 'till now has been 1 1/2 weeks. This time she came in with a planned stay of 5 weeks. Again she was given 6 months, as is written in law.

dvc

I don't think she is the exception to the rule... the 6 months granted at the POE are most of the times, for what I know, the standard.

I was given 6 months every time I traveled to the U.S. on my B-2 (I never stayed for more than 2 weeks, I always had to go back to work). And for what I remember, my friends and family members have always been granted the same ammount of time, when entering on their B-2. The only time it was different, was a couple of months ago that my dad made a trip to C.A. for business, and when he said the main reason for his trip was business, they only granted 3 weeks, he was only planning to stay 4 days anyway.

I don't know if someone knows the reason of why they have that "6 month" standard when you say you come for tourism? It just seems unreal to me that someone who is really just visiting, could stay for 6 months? IMO, that is the reason why there are so many B-2 holders working in the U.S., I have also known a few cases of people coming on their B-2 and working for 6 months and going back to their country.

Edited July 22, 2009 by eric_and_teresa