Marriage in USA then AOS??

[eb2568 0]

I am hoping that someone can help me because I am rather confused about all of these immigration rules/regulations. I try reading them but I would like someone to tell me if I am right or wrong. Ok. If my fiance arrives to the usa in december on a b2 tourist visa (she already has this) and we get married and apply for AOS so she can stay here, that is considered visa fraud, right? However, she found this http://www.state.gov/documents/organization/87011.pdf which says that if we get married after 60 days after she arrives then it is not considered inadmissable. So, my question is this to any lawyers or people who know. If she comes here in december and we wait until after 60 days when she arrives to get married, will she be committing fraud? To be honest, she ordered tickets a long time ago and was planning the trip before we considered marriage. please help. thank you so much! A similar question which many peole are probably asking too is if there is any way to marry and have your spouse stay with you during the process, such as AOS??????

[Chica Yeyé 41]

IF she comes in with intent to marry, it is fraud. And it is up to you to prove to the consular officer that you didn't have marriage plans, which you obviously do since you just posted this on a pubic internet forum. Circumventing the law KNOWINGLY is not cool. It does not matter AT ALL that she bought tickets --- you are trying to blindfold the USCIS.

[payxibka 10,047]

The first issue is that the FAM is a Department of State document and AOS is adjudicated by the USCIS (Department of Homeland Security) each having there own procedures and are not necessarily the same.

[rmncm 0]

I am hoping that someone can help me because I am rather confused about all of these immigration rules/regulations. I try reading them but I would like someone to tell me if I am right or wrong. Ok. If my fiance arrives to the usa in december on a b2 tourist visa (she already has this) and we get married and apply for AOS so she can stay here, that is considered visa fraud, right? However, she found this http://www.state.gov/documents/organization/87011.pdf which says that if we get married after 60 days after she arrives then it is not considered inadmissable. So, my question is this to any lawyers or people who know. If she comes here in december and we wait until after 60 days when she arrives to get married, will she be committing fraud? To be honest, she ordered tickets a long time ago and was planning the trip before we considered marriage. please help. thank you so much! A similar question which many peole are probably asking too is if there is any way to marry and have your spouse stay with you during the process, such as AOS??????

Your ip address has been logged and turned over the the fraud unit of the USCIS....thank you for your buisness!

I hope I got your attention now. As was stated, what you are asking about is fraud. No other way that you can tell yourself it is anything other then that. You got alot of balls to be asking on a public site that the uscis may or may not monitor the question you are asking. Really, this site is for people who do it the right way (legal immigration) We go through the seperation from our loved ones for months to years and when someone comes on asking about commiting fraud you might find that people wont be very helpful.

[TayRivers 4]

There is nothing to stop you getting married while she is here on her b2 visa, The fraud only happens if she remains, but as you have already declared your intent to try and get around the immigration laws she can not stay and file for AOS. This option is only available to people who enter with NO intention of getting married and remaining in the US and them they marry someone on the spur of the moment and choose to file for AOS.

If you do get merried she will have to leave the US before her I-94 expires, but as your wife there is nothing to stop you from starting the CR1 visa process while she is here and then returning to her own country to finish the process.

Edited November 17, 2008 by TayRivers

[Old Dominion 26]

It was an honest question, and you are not alone in wondering what might happen if you married while she was here for a different purpose than romance. The honest thing to do, to be sure there is no hint of fraud, is to get married while she's here, and have her return home until all the paperwork clears. Any other approach puts both of you at great risk with the law - think jail for you, and a 10-year ban on entering the U.S. for her.

[payxibka 10,047]

It was an honest question, and you are not alone in wondering what might happen if you married while she was here for a different purpose than romance. The honest thing to do, to be sure there is no hint of fraud, is to get married while she's here, and have her return home until all the paperwork clears. Any other approach puts both of you at great risk with the law - think jail for you, and a 10-year ban on entering the U.S. for her.

Actually in the case of fraud, I think it is lifetime ban....

[Chica Yeyé 41]

It was an honest question, and you are not alone in wondering what might happen if you married while she was here for a different purpose than romance. The honest thing to do, to be sure there is no hint of fraud, is to get married while she's here, and have her return home until all the paperwork clears. Any other approach puts both of you at great risk with the law - think jail for you, and a 10-year ban on entering the U.S. for her.

Actually in the case of fraud, I think it is lifetime ban....

think so, too.

I vicariously enjoy when people pull this ####### on purpose and get denied.

[eb2568 0]

Ok, perhaps I phrased my question wrong. Of course I am not trying to commit fraud. If I were, why would I post this in a public forum? I am not dumb. I am asking about ways which I can PREVENT fraud. I said that I don't know much about these things and am looking for answers. Some of you people are sooo stupid. Thanks for sending my IP to the fraud unit you tool. Now I will have to contact them and explain my situation so I can marry my girlfriend. I hope you are real happy with yourself for making someone's like 100 times more complicated when I just was asking a question. What a loser.

[TayRivers 4]

Ok, perhaps I phrased my question wrong. Of course I am not trying to commit fraud. If I were, why would I post this in a public forum? I am not dumb. I am asking about ways which I can PREVENT fraud. I said that I don't know much about these things and am looking for answers. Some of you people are sooo stupid. Thanks for sending my IP to the fraud unit you tool. Now I will have to contact them and explain my situation so I can marry my girlfriend. I hope you are real happy with yourself for making someone's like 100 times more complicated when I just was asking a question. What a loser.

Take no notice of them the are just trying to be rightious and failing.

Of course you are right to come hear and ask questions about the best way to go about getting your loved one here and this is what VJ is for.

AS for them passing on your IP to a fraud unit, they are lying, so just ignore them. Read the guides here on VJ about the diffrent visas and which one would be best for you and of course you can come back and ask any questions you need to.

Unfortunately some poster feel that unless you are doing things exactly the way they did them then you must be trying to cheat. They are just closed minded and I feel sorry for them.

Take your time and read read read all you can to find the best way for you both.

Good Luck