my friends idea

[lizbeth 0]

My friend is also engaged to a man we met while being Peace corps volunteers in lesotho. she has seen all the work i've done for getting the fiance visa stuff rolling and she doesn't dig the price or the effort. her plan is to have her fiance come to the states on a visitors visa, marry him and then apply for a change of status. Does this work? Or will they get turned down when they try to get legally married? And when he changes his status, does that mean she will still have to pay the $930 fee for the status change/green card application? Anyone know how this works?

[payxibka 10,045]

My friend is also engaged to a man we met while being Peace corps volunteers in lesotho. she has seen all the work i've done for getting the fiance visa stuff rolling and she doesn't dig the price or the effort. her plan is to have her fiance come to the states on a visitors visa, marry him and then apply for a change of status. Does this work? Or will they get turned down when they try to get legally married? And when he changes his status, does that mean she will still have to pay the $930 fee for the status change/green card application? Anyone know how this works?

Using a non-immigrant visa/visa waiver to circumvent immigration laws is against the law...

[YuAndDan 153]

What is being proposed is "VISA FRAUD" Visitors visas are for VISITING, NOT IMMIGRATIONS.

Some have done this, but ALL have to deal with the resulting AOS interview, and strict questioning about the person's INTENT when they MISUSED the visitors visa to enter the USA.

Always play it safe, file for a proper K-1 visa, and enter the USA correctly, if the intent is to marry, and adjust status.

Edited November 7, 2008 by YuAndDan

[pushbrk 12,883]

My friend is also engaged to a man we met while being Peace corps volunteers in lesotho. she has seen all the work i've done for getting the fiance visa stuff rolling and she doesn't dig the price or the effort. her plan is to have her fiance come to the states on a visitors visa, marry him and then apply for a change of status. Does this work? Or will they get turned down when they try to get legally married? And when he changes his status, does that mean she will still have to pay the $930 fee for the status change/green card application? Anyone know how this works?

Using a non-immigrant visa/visa waiver to circumvent immigration laws is against the law...

The proposed plan is visa fraud and can result in a lifetime ban from US entry. Getting married wouldn't be a problem. Using a non-immigrant visa to immigrate would be a big problem.

[ThaitoUSA 15]

Fraud

[YuAndDan 153]

There is NO way around the fees, AOS from a visitors visa requires several fees.

I-130 $355, I-485 $1010, I-693 (Fee set by doctor Usually $300 -$500 depending on vaccinations).

And again INTENT is strongly questioned.

[payxibka 10,045]

Your "friend" would save maybe $200-$300 in the process but subjecting themselves to a potential lifetime ban if it fails... A big price to pay to save a little money if it crashes...

Edited November 7, 2008 by payxibka

[Old Dominion 26]

Your "friend" would save maybe $200-$300 in the process but subjecting themselves to a potential lifetime ban if it fails... A big price to pay to save a little money if it crashes...

Not at all worth the risk of being fined $250,000, placed in prison, and banned forever from the U.S.

[lizbeth 0]

that's what i thought. so, she could bring him here, marry him, but then it would just be the spouse forms, which are pretty much the same? and does he have to leave when the visitor visa expires? (oh, and for those of you with quotes around friend, honest to god, this is my friend, not me. i just submitted my forms and wrote my first check. i know the process and i would much rather have my fiance legitimately here so he can get a job and all that than take any short cuts and risk his permanent banning. i'm way too much of a sissy to break these rules.)

Edited November 7, 2008 by lizbeth

[payxibka 10,045]

that's what i thought. so, she could bring him here, marry him, but then it would just be the spouse forms, which are pretty much the same? and does he have to leave when the visitor visa expires?

Does he want to accrue overtay time, that dependant on the length, may also invoke a admisability ban that will need an added waiver come interview time?

[YuAndDan 153]

that's what i thought. so, she could bring him here, marry him, but then it would just be the spouse forms, which are pretty much the same? and does he have to leave when the visitor visa expires? (oh, and for those of you with quotes around friend, honest to god, this is my friend, not me. i just submitted my forms and wrote my first check. i know the process and i would much rather have my fiance legitimately here so he can get a job and all that than take any short cuts and risk his permanent banning. i'm way too much of a sissy to break these rules.)

Yep this one too is in the FAQ:

http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15 3.15)...Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

This applies to spousal too, yes can enter the USA marry, and file I-130 while here, JUST needs to head home before period of allowed stay expires.

[Chica Yeyé 41]

Fraud. Not cool. Here's a hoping they get caught.

[YuAndDan 153]

Fraud. Not cool. Here's a hoping they get caught.

OK everyone, the OP is aware that NO-ONE will condone visa-fraud, and they will pass this on to their friend.

[CraigCam 0]

Please, tell your friend that this type of fraud is one of the reasons why the rest of us who take the legal route have such a hard time. If I knew someone who did this I would turn them in myself...after I kicked their @$$.

[Chica Yeyé 41]

Fraud. Not cool. Here's a hoping they get caught.

OK everyone, the OP is aware that NO-ONE will condone visa-fraud, and they will pass this on to their friend.

Are you a mod? No. Back off then.