Is this Visa fraud????

[ucla_cutie26 0]

I need your opinions. A USC friend of mine plans on marrying a girl from Mexico. This girl currently lives in Mexico and currently holds a valid visitor visa to enter the U.S. They are planning on having the girl enter the U.S. in April on her visitor visa and then marry here (civil marriage). She will then go back to Mexico and they are planning the religious wedding in Mexico for August. At this point, they will attempt to have her enter the US. on her visitor’s visa. When she is here, they will do AOS.

Is this allowed? Isn’t it considered visa fraud for her to marry while she is here on a tourist visa? She will be entering with the intent to marry (although she may not admit it at her POE). Maybe I’m just bummed out that my man had to pursue his k-1 and then be allowed entry?

It’s been such a long time since I last checked into this site and I feel like I have lost my immigration knowledge. :-(

[alienlovechild 75]

I need your opinions. A USC friend of mine plans on marrying a girl from Mexico. This girl currently lives in Mexico and currently holds a valid visitor visa to enter the U.S. They are planning on having the girl enter the U.S. in April on her visitor visa and then marry here (civil marriage). She will then go back to Mexico and they are planning the religious wedding in Mexico for August. At this point, they will attempt to have her enter the US. on her visitor’s visa. When she is here, they will do AOS.

Is this allowed? Isn’t it considered visa fraud for her to marry while she is here on a tourist visa? She will be entering with the intent to marry (although she may not admit it at her POE). Maybe I’m just bummed out that my man had to pursue his k-1 and then be allowed entry?

It’s been such a long time since I last checked into this site and I feel like I have lost my immigration knowledge. :-(

I don't think that's legal.

"The prohibition on fiancées or spouses from entering the US on a tourist visa

Contrary to what might seem logical, a fiancée or spouse should not enter the US on a tourist visa-or visa waiver-if their intent is to remain in the United states permanently at the time of entering.

In essence, if a fiancée or spouse plans to come to the United States with the intent to stay in the U.S. permanently & in due course petition for a 'Green card'- she or he is technically and legally ineligible for a Tourist visa & instead should apply for either a Fiancée visa (K-1) or a spousal visa (K-3). A further option, at least for the spouse of a US citizen, would be to obtain his or her 'Green card' directly from the U.S. Consulate or Embassy in his or her native country before leaving for the Unites States, that is if the Embassy or consulate will process the application

What is the legal justification for this prohibition?

As, at the time of entering the United States, they have the intent to remain permanently in the United States, they a re precluded form entering on a tourist visa as such a visa requires that the holder have a 'temporary ' or nonimmigrant intent. Indeed, by representing themselves to be a tourist they could well be accused of having committed 'visa fraud'. This in itself could have very serious negative consequences.

NOTE-These rules apply whether or not the individual arrives in the United States so a 90 day visa waiver-issued to most developed countries, such as the UK, Japan, France Germany, Australia etc.. or if they have managed to persuade a US consulate to issue them a B1/2 tourist visa.

What are the consequences of marrying a US citizen after originally entering the US on a Tourist visa or a 90 day visa waiver

Firstly, it is legitimate to enter the US on a tourist visa or visa waiver and marry a U.S. citizen if AFTER doing so you actually intend to return to your home country.

However, if someone simply enters as a tourist and subsequently marries a US citizen or otherwise applies for a Green card thru the adjustment of status process, and does so soon after entering as a tourist the Immigration service could accuse them of 'visa fraud'.

By and large, the 30/60/90 day rule is applied to determine whether the 'tourist' had a fraudulent intent upon entry.

The rule is applied as follows;

If s/he applies for a green card/adjustment of status within 30 days of entering the US, fraud is pretty much presumed-and the application will be denied

If s/he enters between 30 & 60 days, the presumption of fraud can be overcome, i.e. it is 'rebuttable'

I s/he enters between 60 and 90 days the presumption reverses. Unless there is specific evidence of a preconceived immigrant/fraudulent intent the adjustment of status application will be granted

For an application filed more that 90 days after entry , the visa fraud issue seldom arises

If fraud is found, then the consequences could be severe. At the very least the applicant will be required to return to his or her home country to file for a fiancée of spousal visa. In the worst case, the individual could be barred from re-entering the United States in the future under any circumstances."

http://fiancee-marriage-visas.com/K-1-k-3-visas.htm

[Y's_habibitk 2]

yes, it is

[EstebanTrabajos 7]

I need your opinions. A USC friend of mine plans on marrying a girl from Mexico. This girl currently lives in Mexico and currently holds a valid visitor visa to enter the U.S. They are planning on having the girl enter the U.S. in April on her visitor visa and then marry here (civil marriage). She will then go back to Mexico and they are planning the religious wedding in Mexico for August. At this point, they will attempt to have her enter the US. on her visitor's visa. When she is here, they will do AOS.

Is this allowed? Isn't it considered visa fraud for her to marry while she is here on a tourist visa? She will be entering with the intent to marry (although she may not admit it at her POE). Maybe I'm just bummed out that my man had to pursue his k-1 and then be allowed entry?

It's been such a long time since I last checked into this site and I feel like I have lost my immigration knowledge. :-(

It is visa fraud,

The only way she would be allowed to enter the US w/a visitor's visa and marry a US Citizen is IF she didn't know it was going to happen. The name of the visa clarifies all, a VISITORS visa is meant for VISITING and a FIANCEE'S visa is to GET MARRIED. If this is the case and they find themselves interviewed by a picky officer, they will have to prove that she didn't have any intention of moving to the US the time she crossed the border, which in this case is not true, they have it all planned out. If the interviewing officer finds them guilty of this, he can deny the application and ask the girl to go back to Mexico and apply through the proper channel to enter this time legally with a foreign-spouse-living-outside-the-US visa (K-3 or CR-1).

Edited January 12, 2009 by TävôLuDô

[Kez/JWolf 6]

There is nothing illegal about entering the USA and getting married and then leaving again. The visa fraud comes into play if she tries to adjust her status as she would then have had intent to remain in the USA at the time of her entry.

Some people do get away with this but if it comes to light at any point in the future she can lose any immigration benefits that have been given to her and would then be deported.

[LaL 418]

I need your opinions. A USC friend of mine plans on marrying a girl from Mexico. This girl currently lives in Mexico and currently holds a valid visitor visa to enter the U.S. They are planning on having the girl enter the U.S. in April on her visitor visa and then marry here (civil marriage). She will then go back to Mexico and they are planning the religious wedding in Mexico for August. At this point, they will attempt to have her enter the US. on her visitor's visa. When she is here, they will do AOS.

Is this allowed? Isn't it considered visa fraud for her to marry while she is here on a tourist visa? She will be entering with the intent to marry (although she may not admit it at her POE). Maybe I'm just bummed out that my man had to pursue his k-1 and then be allowed entry?

It's been such a long time since I last checked into this site and I feel like I have lost my immigration knowledge. :-(

It is visa fraud,

The only way she would be allowed to enter the US w/a visitor's visa and marry a US Citizen is IF she didn't know it was going to happen. The name of the visa clarifies all, a VISITORS visa is meant for VISITING and a FIANCEE'S visa is to GET MARRIED. If this is the case and they find themselves with a picky interviewing officer, they will have to prove that she didn't have any intention of moving to the US the time she crossed the border, which in this case is not true, they have it already planned. If the interviewing officer finds them guilty of this, he can deny the application and ask the girl to go back to Mexico and apply through the proper channel to enter this time legally with a foreign-spouse-living-outside-the-US visa (K-3 or CR-1).

Not exactly correct. One can plan to have a wedding here on a tourist visa, enter, get married and go home. (Incidentally one can enter for a legitimate visit wind up getting married and AOS - not illegal)

What is *not* legal is to enter on a tourist visa, marry and intend to stay. In the OP's scenario - entering with intent to immigrate on a tourist visa is not legal. Intent is the crux, and if one intends to immigrate on a tourist visa, then that is fraud.

Edited January 12, 2009 by LaL

[Chica Yeyé 41]

What your "friend" is trying to do is visa fraud. Coming on a tourist visa with intent to immigrate. NOT COOL. Not cool at all.

I hope your "friend" does it the proper way, and if not; I hope he gets caught.

[mawilson 2,133]

What is *not* legal is to enter on a tourist visa, marry and intend to stay. In the OP's scenario - entering with intent to immigrate on a tourist visa is not legal. Intent is the crux, and if one intends to immigrate on a tourist visa, then that is fraud.

Interesting.

The best thing to do is probably to get married in the US, file for a spousal visa (while she's here),

wait for the approval, then go back to Mexico and re-enter as a K-3 or CR/IR.

[Sprailenes 47]

Its never a good sign if you have to ask.

Edited January 12, 2009 by Sprailenes

[tmma 467]

She can come here on a VWP and marry--however--she has to leave and go back to Mexico whilst the appropriate visa is applied for her.

There is NOTHING that says you cannot marry on a VWP!

Fraud is if she comes here on VWP with the intent to marry and STAY! That's fraud!

[Mags 112]

One can plan to have a wedding here on a tourist visa, enter, get married and go home. (Incidentally one can enter for a legitimate visit wind up getting married and AOS - not illegal)

What is *not* legal is to enter on a tourist visa, marry and intend to stay. In the OP's scenario - entering with intent to immigrate on a tourist visa is not legal. Intent is the crux, and if one intends to immigrate on a tourist visa, then that is fraud.

Absolutely.

Intent is the magic word here.

[NickD 203]

With so many conflicting comments, would highly recommend seeking a very good immigration attorney, he/she can guide you how to do it legally. Every case is different.

[Mags 112]

With so many conflicting comments, would highly recommend seeking a very good immigration attorney, he/she can guide you how to do it legally. Every case is different.

Actually, nearly every person here is saying the same thing.

It's visa fraud.

Edited January 12, 2009 by Magenta

[EstebanTrabajos 7]

I need your opinions. A USC friend of mine plans on marrying a girl from Mexico. This girl currently lives in Mexico and currently holds a valid visitor visa to enter the U.S. They are planning on having the girl enter the U.S. in April on her visitor visa and then marry here (civil marriage). She will then go back to Mexico and they are planning the religious wedding in Mexico for August. At this point, they will attempt to have her enter the US. on her visitor's visa. When she is here, they will do AOS.

Is this allowed? Isn't it considered visa fraud for her to marry while she is here on a tourist visa? She will be entering with the intent to marry (although she may not admit it at her POE). Maybe I'm just bummed out that my man had to pursue his k-1 and then be allowed entry?

It's been such a long time since I last checked into this site and I feel like I have lost my immigration knowledge. :-(

It is visa fraud,

The only way she would be allowed to enter the US w/a visitor's visa and marry a US Citizen is IF she didn't know it was going to happen. The name of the visa clarifies all, a VISITORS visa is meant for VISITING and a FIANCEE'S visa is to GET MARRIED. If this is the case and they find themselves with a picky interviewing officer, they will have to prove that she didn't have any intention of moving to the US the time she crossed the border, which in this case is not true, they have it already planned. If the interviewing officer finds them guilty of this, he can deny the application and ask the girl to go back to Mexico and apply through the proper channel to enter this time legally with a foreign-spouse-living-outside-the-US visa (K-3 or CR-1).

Not exactly correct. One can plan to have a wedding here on a tourist visa, enter, get married and go home. (Incidentally one can enter for a legitimate visit wind up getting married and AOS - not illegal)

What is *not* legal is to enter on a tourist visa, marry and intend to stay. In the OP's scenario - entering with intent to immigrate on a tourist visa is not legal. Intent is the crux, and if one intends to immigrate on a tourist visa, then that is fraud.

We are talking about his case right? He is already stating that they intend to AOS after getting married, therefore I'm referring to their case in particular, we are not stupid m'key?

Edited January 12, 2009 by TävôLuDô

[EstebanTrabajos 7]

She can come here on a VWP and marry--however--she has to leave and go back to Mexico whilst the appropriate visa is applied for her.

There is NOTHING that says you cannot marry on a VWP!

Fraud is if she comes here on VWP with the intent to marry and STAY! That's fraud!

hmmm,

For the record, the VWP doesn't apply to Mexico Any Mexican needs a tourist, work or student visa to enter the US legally