AOS fraud?

[Dakine 26]

People including myself are always saying that people that come to the US on a tourist visa with intent to marry and stay are committing fraud and are subject to being deported and banned.

Anyone have a link showing this actually having occured and were deported or banned?

Edited January 17, 2009 by Haole

[STEPHnRIA 2]

People including myself are always saying that people that come to the US on a tourist visa with intent to marry and stay are committing fraud and are subject to being deported and banned.

Anyone have a link showing this actually having occured and were deported or banned?

I don't have a link but I know a family friend's daughter had a deportation order for committing fraud. She married the son of also a family friend for immigration purpose. They were both 19. They messed it up during the AOS interview.

[Singers 0]

You know, when we were adjusting I was in a constant panic looking for a case of misrepresentation based solely on adjusting from a tourist visa.. I never found any. The cases I did find were always complicated by fraud (using someone else's passport) or criminal background etc.

I'd be interested if someone did find a link. I have since stopped my search since we successfully adjusted.

[unforgettable fire 2]

It is not fraud to adjust status from a tourist visa.

[DanielParul 50]

It is not fraud to adjust status from a tourist visa.

No, it isn't, but if the intent is to come to the US on a tourist visa and adjust status then it is fraud. The intent has to be there at the POE.

[desert_fox 32]

It is not fraud to adjust status from a tourist visa.

No, it isn't, but if the intent is to come to the US on a tourist visa and adjust status then it is fraud. The intent has to be there at the POE.

and just how do you prove that??? ...the USCIS cant. You came out with some 30-60 day rule that went by the wayside.

Never seen anyone fail to adjust status. Even my nephew married a lady from SE Asia, 12 days after she entered as a tourist...never had a problem, and this was their original intent.

Edited January 17, 2009 by desert_fox

[bluegreen 0]

I think there are a couple of precedent-setting cases where this has happened. I wish I could remember. There are a few threads on here somewhere discussing them with links.

[pushbrk 12,883]

It is not fraud to adjust status from a tourist visa.

No, it isn't, but if the intent is to come to the US on a tourist visa and adjust status then it is fraud. The intent has to be there at the POE.

and just how do you prove that??? ...the USCIS cant. You came out with some 30-60 day rule that went by the wayside.

Never seen anyone fail to adjust status. Even my nephew married a lady from SE Asia, 12 days after she entered as a tourist...never had a problem, and this was their original intent.

The burden of proof is on the applicant, not USCIS.

[carmie and aldo 0]

Not trying to talk smack or offend anyone, but I think that posting this topic.. is an insult for me and some others that have adjusted from a tourist visa...

Just to give u a little taste of rainbow...

http://www.expatimmigration.com/index.php/...visa-fraud.html

The U.S. Embassy, Consular section in Manila reports the second highest number of visa fraud cases, following only the American Consulate in the Dominican Republic. The Philippine government for some time now has outlawed "mail order marriages". In addition, the US I-129F Fiancée Visa Petition carries with it two requirements which prevent a "mail order marriage":

*The couple must have met in person within two years of the visa petition. Photographs of the couple together in front of recognized locations preferably with date stamp are extremely vital.

*The lady fiancée must marry the gentleman within 90 days or return home.

The I-129F Petition for Fiancée Visa is intended for American citizens who legitimately show a genuine relationship and intention to marry with a foreign lady. Penalties under Section §1325© of the Immigration and Nationality Act of 1997 (as amended) for fraud conviction are severe: 5 years imprisonment or $250,000 fine or both.

You should be more concerned about your people!! because your obviously an immigrant from the Philippines.. instead of making dumb topics and expect people to like you because of that..

have a nice day...

[Jasman0717 9]

People including myself are always saying that people that come to the US on a tourist visa with intent to marry and stay are committing fraud and are subject to being deported and banned.

Anyone have a link showing this actually having occured and were deported or banned?

It is against the law to enter on a tourist visa with the intent to marry but how the heck does the government prove it unless they have substantial evidence like letters, email or video?

[Old Dominion 26]

The posters here seem to be advocating breaking the rules since it's hard to get caught? Even if getting caught leads to criminal sanctions? That means people are free to choose which rules they will follow, and which they will not? What about ethics and integrity?

[pushbrk 12,883]

People including myself are always saying that people that come to the US on a tourist visa with intent to marry and stay are committing fraud and are subject to being deported and banned.

Anyone have a link showing this actually having occured and were deported or banned?

It is against the law to enter on a tourist visa with the intent to marry but how the heck does the government prove it unless they have substantial evidence like letters, email or video?

It is not against the law to enter on a tourist visa with the intent to marry. It's just illegal to then stay and adjust status after entering with that intent. The burden of proof on intent lies with the applicant, not USCIS.

[desert_fox 32]

Like I said...Ive never seen anyone turned down.

How could it be a crime when regulations and the law specifically allow it...I dont know.

I dont recommend that anyone try it though....wasnt for me.

[Dakine 26]

I imagine we'd see a LOT more of it if it wrasn't so difficult to get tourist visas from 3rd world countries.

Seems like it would be a much better way to bring someone in.

Beneficiary would get to see what it was like living with their mate in the US without marrying and Vice Versus!

More time for the petitioner to discover if they are just getting scammed for a GC or not also.

[KasAla 0]

This topic has been debated and litigated. This is straight out of the court.

Matter of Cavazos, 17 I. & N. Dec. 215 (BIA 1980)

According to Matter of Cavazos, in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the United States as a nonimmigrant with a preconceived intention to remain.

Also, there have been cases that the USCIS did not use the BIA rule and denied the application on the bases of the preconceived intent. In that case, the application was prolong and much more expensive.

Edited January 18, 2009 by KasAla