Getting married to someone with with Visitor Visa?

[NickD 203]

Surprised this thread wasn't been moved yet, certainly not about obtaining USC. But far more fruitful to take up some of these issues with your congressman, than to post here.

[Kez/JWolf 6]

"Now if she had entered the US as a tourist and after she arrived they decided to get married on the spur of the moment the yes she could apply to adjust her status legally. That involves filing for I-130 along with the AOS packet and having proof that she did not intent to remain in the US at the time of her entry. She does not have to extend her I-94 and she does not have to leave the US if the AOS is not approved before the I-94 expires."

No one here is suggesting to break or infringe the law, did your wife have a K1 visa? Apparently not. If you did get married in your spouses home country, did you break any laws? If she has a visa to come here, and you are here, is she permitted to visit you? And if you have a visa if required to visit her, can you? And anyone coming here on a visa has to keep an eye on the expiration date of their I-94 and if not expired while staying here they would be breaking the law.

The only suggestion really given was to find a first class highly reputable immigration attorney, and contact the USCIS, they will inform you as to the correct and legal way to do it or just apply for the K1. Apparently, you did just that.

Just to clarify my late wife came on a VWP to visit our family we had know each other all our lives. So no she did not have a K1 visa or a tourist visa. We got married here in the US and because she had no intention of remaining and filing for AOS when she entered the US the law allows for her to adjust her status without leaving the US.

The OP in this thread was asking if his fiance got a tourist visa would it be ok for her to just get married and remain and file for AOS. As this clearly shows intent to enter the USA and not leave before the I-94 expires that is Visa Fraud. Yes people do it all the time and seem to get away with it. Does that make it right NO.

Thread moved to Adjustment of Status (greencard) from a Work, Student & Tourist visa.

[NickD 203]

"Now if she had entered the US as a tourist and after she arrived they decided to get married on the spur of the moment the yes she could apply to adjust her status legally. That involves filing for I-130 along with the AOS packet and having proof that she did not intent to remain in the US at the time of her entry. She does not have to extend her I-94 and she does not have to leave the US if the AOS is not approved before the I-94 expires."

No one here is suggesting to break or infringe the law, did your wife have a K1 visa? Apparently not. If you did get married in your spouses home country, did you break any laws? If she has a visa to come here, and you are here, is she permitted to visit you? And if you have a visa if required to visit her, can you? And anyone coming here on a visa has to keep an eye on the expiration date of their I-94 and if not expired while staying here they would be breaking the law.

The only suggestion really given was to find a first class highly reputable immigration attorney, and contact the USCIS, they will inform you as to the correct and legal way to do it or just apply for the K1. Apparently, you did just that.

Just to clarify my late wife came on a VWP to visit our family we had know each other all our lives. So no she did not have a K1 visa or a tourist visa. We got married here in the US and because she had no intention of remaining and filing for AOS when she entered the US the law allows for her to adjust her status without leaving the US.

The OP in this thread was asking if his fiance got a tourist visa would it be ok for her to just get married and remain and file for AOS. As this clearly shows intent to enter the USA and not leave before the I-94 expires that is Visa Fraud. Yes people do it all the time and seem to get away with it. Does that make it right NO.

Thread moved to Adjustment of Status (greencard) from a Work, Student & Tourist visa.

It was an extremely complex subject for me when I met that woman of my most wildest dreams and certainly did not want to blow it by not following the law, that is why I took the effort to find the most reputable immigration attorney I could find and cost was no object to me. But was very convenient to fall for a woman that had a visa so we could spend a lot of time together before making that decision to marry, not only her, but her daughter as well. Feel it important to learn if you can live and work together as a family.

Did I enjoy being dictated by the USCIS as to how and when we could get married? No, but that is the price one has to pay. Five years of this stuff, but we are finally free now, just takes a lot of stressful patience and knowing the law. I personally would not take the advice of any board, ha, can you imagine going to court if it came to that and said I read that off a board.

[Kez/JWolf 6]

"Now if she had entered the US as a tourist and after she arrived they decided to get married on the spur of the moment the yes she could apply to adjust her status legally. That involves filing for I-130 along with the AOS packet and having proof that she did not intent to remain in the US at the time of her entry. She does not have to extend her I-94 and she does not have to leave the US if the AOS is not approved before the I-94 expires."

No one here is suggesting to break or infringe the law, did your wife have a K1 visa? Apparently not. If you did get married in your spouses home country, did you break any laws? If she has a visa to come here, and you are here, is she permitted to visit you? And if you have a visa if required to visit her, can you? And anyone coming here on a visa has to keep an eye on the expiration date of their I-94 and if not expired while staying here they would be breaking the law.

The only suggestion really given was to find a first class highly reputable immigration attorney, and contact the USCIS, they will inform you as to the correct and legal way to do it or just apply for the K1. Apparently, you did just that.

Just to clarify my late wife came on a VWP to visit our family we had know each other all our lives. So no she did not have a K1 visa or a tourist visa. We got married here in the US and because she had no intention of remaining and filing for AOS when she entered the US the law allows for her to adjust her status without leaving the US.

The OP in this thread was asking if his fiance got a tourist visa would it be ok for her to just get married and remain and file for AOS. As this clearly shows intent to enter the USA and not leave before the I-94 expires that is Visa Fraud. Yes people do it all the time and seem to get away with it. Does that make it right NO.

Thread moved to Adjustment of Status (greencard) from a Work, Student & Tourist visa.

It was an extremely complex subject for me when I met that woman of my most wildest dreams and certainly did not want to blow it by not following the law, that is why I took the effort to find the most reputable immigration attorney I could find and cost was no object to me. But was very convenient to fall for a woman that had a visa so we could spend a lot of time together before making that decision to marry, not only her, but her daughter as well. Feel it important to learn if you can live and work together as a family.

Did I enjoy being dictated by the USCIS as to how and when we could get married? No, but that is the price one has to pay. Five years of this stuff, but we are finally free now, just takes a lot of stressful patience and knowing the law. I personally would not take the advice of any board, ha, can you imagine going to court if it came to that and said I read that off a board.

I agree with you 100% about seeking the advice of a good immigration lawyer. What I was pointing out and trying to clarifying was your post about applying to extend the I-94 while applying for AOS and if the AOS has not been approved before the I-94 expires, the person would have to return to their home country to complete the AOS.

There is no point in allowing incorrect information on VJ it is much better to get the correct information out there and then people can take that information and look into it in regards to their own case.

It was at no time ment as a personal attack on you.

Edited February 3, 2009 by Kez/JWolf

[NickD 203]

"Now if she had entered the US as a tourist and after she arrived they decided to get married on the spur of the moment the yes she could apply to adjust her status legally. That involves filing for I-130 along with the AOS packet and having proof that she did not intent to remain in the US at the time of her entry. She does not have to extend her I-94 and she does not have to leave the US if the AOS is not approved before the I-94 expires."

No one here is suggesting to break or infringe the law, did your wife have a K1 visa? Apparently not. If you did get married in your spouses home country, did you break any laws? If she has a visa to come here, and you are here, is she permitted to visit you? And if you have a visa if required to visit her, can you? And anyone coming here on a visa has to keep an eye on the expiration date of their I-94 and if not expired while staying here they would be breaking the law.

The only suggestion really given was to find a first class highly reputable immigration attorney, and contact the USCIS, they will inform you as to the correct and legal way to do it or just apply for the K1. Apparently, you did just that.

Just to clarify my late wife came on a VWP to visit our family we had know each other all our lives. So no she did not have a K1 visa or a tourist visa. We got married here in the US and because she had no intention of remaining and filing for AOS when she entered the US the law allows for her to adjust her status without leaving the US.

The OP in this thread was asking if his fiance got a tourist visa would it be ok for her to just get married and remain and file for AOS. As this clearly shows intent to enter the USA and not leave before the I-94 expires that is Visa Fraud. Yes people do it all the time and seem to get away with it. Does that make it right NO.

Thread moved to Adjustment of Status (greencard) from a Work, Student & Tourist visa.

It was an extremely complex subject for me when I met that woman of my most wildest dreams and certainly did not want to blow it by not following the law, that is why I took the effort to find the most reputable immigration attorney I could find and cost was no object to me. But was very convenient to fall for a woman that had a visa so we could spend a lot of time together before making that decision to marry, not only her, but her daughter as well. Feel it important to learn if you can live and work together as a family.

Did I enjoy being dictated by the USCIS as to how and when we could get married? No, but that is the price one has to pay. Five years of this stuff, but we are finally free now, just takes a lot of stressful patience and knowing the law. I personally would not take the advice of any board, ha, can you imagine going to court if it came to that and said I read that off a board.

I agree with you 100% about seeking the advice of a good immigration lawyer. What I was pointing out and trying to clarifying was your post about applying to extend the I-94 while applying for AOS and if the AOS has not been approved before the I-94 expires, the person would have to return to their home country to complete the AOS.

There is no point in allowing incorrect information on VJ it is much better to get the correct information out there and then people can take that information and look into it in regards to their own case.

It was at no time ment as a personal attack on you.

Perhaps poor wording on my part, LOL, an emotional subject. But we do both agree, if a person is planning on coming here, not a good idea to overstay the I-94 for any circumstance.

[antda 13]

Hi Pch1,

No, it's not illegal that you come here to the US and got married while you were down here for a visit another foreign country on a tourist/visitor's visa. As long as you came here WITHOUT the intention to get married in the first place on your visit and are not doing this as to avoid and/or break immigration laws, then it's fine and legal to do.

I was in a similar situation before too, as a Canadian, when I came over to visit my boyfriend (now husband), on a 2 week US tourist visa (they gave me a B-2 visa in my passport, even though I'm from visa-exempt Canada), then ended up getting married here in the USA, stayed in the USA after that, and the rest is history...And yes, I did file for the Adjustment of Status and was approved and got my US Green Card afterwards.

For more information on my sitation, see my VJ timeline (the link can be found on my signature).

However, in your situtation, Pch1, since you have "intent" (as indicated in your VJ post here), then you'd be better off legally, by applying for a K1, or K3, or IR/CR visa for your lady friend, as you would be commiting immigration fraud by doing so otherwise...

Hope this helps. Good luck with your immigration journey too.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

I am a US Citizen and I was planning on applying for a K1 visa for my lady friend. I found out she might be able to get a visitor visa to the states, what would happen if she comes as a tourist then we get married?

[NickD 203]

Here are two current USCIS bulletins on this subject.

A1 Customer Guide.

A2 Customer Guide.

From the A2 Guide:

"What if my fiancé(e) is already in the United States in

another status and we decide to marry now?

If your fiancé(e) is in the United States and entered using a visa

other than a fiancé(e) visa, and you marry, then you may file an

I-130 relative petition for him or her as your spouse. He or she

may be able to file Form I-485 along with your petition. For more

information about the I-130 relative petition, please see customer

guide A1.

If your fiancé(e) is in the United States and entered unlawfully,

in most cases he or she will not be able to adjust status to that of

a permanent resident while in the United States. In this situation,

once you marry, you may file an I-130 relative petition for him or

her as your spouse. If approved, he or she will have to pursue an

immigrant visa at a U.S. Embassy or consulate overseas."

Even if that person is here illegally, steps can be taken to rectify that situation, but we are talking about a person being here legally. With further searches into this subject, marriages between a USC and an alien here on a student visa are very common, a person here on a tourist visa is yet another means to be here legally.

The first paragraph above explicitly states that your fiancé(e) may be here, if your fiancé(e) is here, certainly there must be an intent to marry.

Now those saying that this is illegal, I challenge you to provide proof.

Ha, was hit by a woman broadsided running a stop sign, stupid cop told me I was already 30% responsible for just being there, where in the hell did you hear that I asked him. A rumor spread by the insurance companies, that rumor sure didn't stand up in a court of law, culprit not only had to pay for all the damages done to my vehicle, but the court cost, the cost of my attorney, and consequential damages.

So are you people spreading false rumors or do you have proof? I do not respect people that pass on false rumors.

[HC09 0]

No matter what way you put it, arriving on a tourist visa with the intent of remaining here and marrying is, according to immigration, unlawful. But the funny thing is, many people do it and succeed. When my now husband and I were looking to have me migrate, we contacted several attorneys to see what the process was that we needed to take. (I visited him four times on a tourist visa, and left lawfully, before finally migrating). Husband and I were astounded that there are attorneys out there that will tell you that you have 'three options'. 1) You get married together overseas and remain outside the US and apply for a spousal K3 visa 2) You apply for a k1 Fiance visa while your fiance remains outside the US and bring him/her in once you are approved for the I-130 or 3) Your fiance/friend/whatever you wish to call them arrives on a tourist visa, you marry and apply to adjust status.

Hubby and I chose option 2, and we went with an attorney who would only 'endorse' this method. Many people are going to tell you that they were here via a tourist visa and they got their AOS fine, but there is risk associated with this option that isn't associated with the other. We thought it might take us longer with a K1, but we were prepared for the wait. In the end, between filing for the K1 and getting my visa in my passport took us 7 months. At the end of the day, no-one is going to stop an immigration officer at the POE entry from taking you aside and interviewing the ####### out of you, or better still, search your luggage for resumes or a wedding gown. They are a wake up to these practices, so you might be the lucky one, but you also may not.

Before I applied for my K1 visa, I was already engaged and came on a tourist visa to see my then fiance. At the port of entry, the immigration officer noticed my engagement ring and the alarm bells went off. I had every intention of leaving after two weeks, but I also had visual evidence on me that indicated I was engaged. Needless to say, I was interviewed and my luggage searched. I had nothing to hide, so I was perfectly fine with it.

I find it hard to believe that there are people who would come to the US on a tourist visa and then suddenly decide they are going to get married without previous intent. I mean, what person would leave their home country without resigning from a job, selling their car/property, preparing their family and friends for their departure, cancelling their bank accounts etc? Not to mention the emotional side to breaking away. It's hard enough when you have months to mentally prepare yourself and others. The fact that the original poster is asking how soon after his partner can leave the country makes me wonder about this. If your lady friend does arrive and marry you, at best she can hope for a travel document to arrive several months after applying for AOS (IF it's granted). The worst could be that she is sent back quicker than you hope for and banned from returning for 10 years or more.

If in the majority of cases, taking the tourist visa option isn't premeditated, then why are people asking in the first place what this will lead to? I think it's about time USICS closed this ridiculous loophole and lessened the 'options'. to a K1 or K3.

[Gemmie 142]

I find it hard to believe that there are people who would come to the US on a tourist visa and then suddenly decide they are going to get married without previous intent. I mean, what person would leave their home country without resigning from a job, selling their car/property, preparing their family and friends for their departure, cancelling their bank accounts etc? Not to mention the emotional side to breaking away. It's hard enough when you have months to mentally prepare yourself and others. The fact that the original poster is asking how soon after his partner can leave the country makes me wonder about this. If your lady friend does arrive and marry you, at best she can hope for a travel document to arrive several months after applying for AOS (IF it's granted). The worst could be that she is sent back quicker than you hope for and banned from returning for 10 years or more.

I don't find it hard to believe at all, in fact I have been in the situation myself many times before.

I've visited the US on 8 occasions.. by the time I was on my third visit, the thought of saying goodbye at the airport again was too heartbreaking to take, especially not knowing when I was going to see him again, or how we were going to be together with the correct paperwork. I flew back to my home country and researched everything; found that the K1 was the only option to be together (unmarried). I was still in school, had 2.5 years left until I finished, and so every time I entered the US, it was for a visit (a genuine visit that was fully intended as a few weeks together).

However, there was always a point when I was in the US that I pondered marrying and applying for AOS; why? Because 1- There was no intention upon entry, so it was perfectly legal, 2- I didn't want to leave and go through more months/years of seperation and 3- The point of the K1 is to have the right to marry and adjust status anyway... whether or not I was ready to get married is already void because it's the only option that USCIS give to international couples, and that would be there whether I did it on my current visit or in a few months. Why wait 7-9 months for a visa when I can do this *now*?

In the end, we decided on every occasion that I should leave the US as planned, go back to my country, and wait out the time for the K1; because I have loved ones in my country that would be heartbroken if I decided not to come back on a whim without properly saying goodbye; because I wanted to finish the degree that I started. That doesn't mean I don't often question why I didn't stay.

[Kez/JWolf 6]

Here are two current USCIS bulletins on this subject.

A1 Customer Guide.

A2 Customer Guide.

From the A2 Guide:

"What if my fiancé(e) is already in the United States in

another status and we decide to marry now?

If your fiancé(e) is in the United States and entered using a visa

other than a fiancé(e) visa, and you marry, then you may file an

I-130 relative petition for him or her as your spouse. He or she

may be able to file Form I-485 along with your petition. For more

information about the I-130 relative petition, please see customer

guide A1.

If your fiancé(e) is in the United States and entered unlawfully,

in most cases he or she will not be able to adjust status to that of

a permanent resident while in the United States. In this situation,

once you marry, you may file an I-130 relative petition for him or

her as your spouse. If approved, he or she will have to pursue an

immigrant visa at a U.S. Embassy or consulate overseas."

Even if that person is here illegally, steps can be taken to rectify that situation, but we are talking about a person being here legally. With further searches into this subject, marriages between a USC and an alien here on a student visa are very common, a person here on a tourist visa is yet another means to be here legally.

The first paragraph above explicitly states that your fiancé(e) may be here, if your fiancé(e) is here, certainly there must be an intent to marry.

Now those saying that this is illegal, I challenge you to provide proof.

Ha, was hit by a woman broadsided running a stop sign, stupid cop told me I was already 30% responsible for just being there, where in the hell did you hear that I asked him. A rumor spread by the insurance companies, that rumor sure didn't stand up in a court of law, culprit not only had to pay for all the damages done to my vehicle, but the court cost, the cost of my attorney, and consequential damages.

So are you people spreading false rumors or do you have proof? I do not respect people that pass on false rumors.

Do your research on not just USCIS but also on immigration law and CBP site and Federal court cases. You can accuse us of false rumors but you need to do your research first.

Most people who do have intent on entry get away with it because they show the interviewing officer that they have a real marriage. But they could be denied on reason of misrepresentation on entry and it has happened.

[HC09 0]

Gemmie, I do see your point. I also have been in exactly the same boat. A degree was getting in the way of us being together because my husband wasn't resident in the US when we met. We waited for four years for him to finally finish a PhD overseas that couldn't be done in the US and return home to the US permanently before we could begin the k1 filing process. Every six months for four years, we both met up in either the US, the UK or Australia and then went back to other sides of the globe. Each time, it was a 26 hour flight one way. Airports held a love-hate relationship for us. I won't deny that there were times during those visits that I wondered if we could say 'to hell with it' and just try and stay together. The pain of separating wrenches out your heart. But you and I are not the only ones who have been through or who are giong through that. It's not only the 'select few' who decide to stay here on a tourist visa and get married here who feel that pain. We ALL suffer it. Doesn't everyone who is in a long-distance relationship who wants to reunite wish the process could be faster than a K1 or K3?

Sure, to those who genuinely arrive here on a tourist visa and at a whim decide to get married then kudos to you! You're sure thicker skinned than I. But I can't help wonder the % of cases of tourist visa - turned AOS application that have been clearly planned ahead. You only have to look at the question of the original post to wonder this. And because this form of rorting the system and queue-jumping ahead of the many K1 applicants who decided to take the legal routes available, is difficult if not impossible to prove, it's like I said, a ridiculous loophole. The K1 was never designed as a 'take-it-or-leave it' option.

By the way, I notice you're from Bath. What a beautiful city! I really enjoyed my visit there years ago. Hope to see it again someday.

[Kez/JWolf 6]

INA: ACT 275 - ENTRY OF ALIEN AT IMPROPER TIME OR PLACE; MISREPRESENTATION AND CONCEALMENT OF FACTS

Sec. 275. [8 U.S.C. 1325]

(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or b oth, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

(B) 1/ Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-

(1) at least $50 and not more than $250 for each such entry (or attempted entry); or

(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

© An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.

http://www.uscis.gov/propub/ProPubVAP.jsp?...e16a4cb816838a4

Just a little taster of the law.

[NickD 203]

INA: ACT 275 - ENTRY OF ALIEN AT IMPROPER TIME OR PLACE; MISREPRESENTATION AND CONCEALMENT OF FACTS

Sec. 275. [8 U.S.C. 1325]

(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or b oth, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

( B) 1/ Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-

(1) at least $50 and not more than $250 for each such entry (or attempted entry); or

(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

© An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.

http://www.uscis.gov/propub/ProPubVAP.jsp?...e16a4cb816838a4

Just a little taster of the law.

Your proof is practically exactly the same as printed in the I-130 instructions regarding either falsifying information to gain entry into the USA, or using marriage as a vehicle to bring in an alien. USCIS reports that 8% of the K1/K3 applications are fraudulent in either that the USC is doing this for a cash reward, or the alien has no intentions of a valid marriage, but plans to divorce the USC upon receiving their green card, this is fraud.

But you still failed to show where it is illegal to marry a non-immigrant that is here on a tourist vehicle with a valid marriage and no intent to commit marriage fraud of the nature just so that non-immigrant can stay here. USCIS normally treats such cases very rapidly once the I-130 process is started seemingly given more preference to a non-immigrant than to a USC.

[Kez/JWolf 6]

INA: ACT 275 - ENTRY OF ALIEN AT IMPROPER TIME OR PLACE; MISREPRESENTATION AND CONCEALMENT OF FACTS

Sec. 275. [8 U.S.C. 1325]

(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or b oth, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

( B) 1/ Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of-

(1) at least $50 and not more than $250 for each such entry (or attempted entry); or

(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.

Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.

© An individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.

(d) Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, United States Code, or both.

http://www.uscis.gov/propub/ProPubVAP.jsp?...e16a4cb816838a4

Just a little taster of the law.

Your proof is practically exactly the same as printed in the I-130 instructions regarding either falsifying information to gain entry into the USA, or using marriage as a vehicle to bring in an alien. USCIS reports that 8% of the K1/K3 applications are fraudulent in either that the USC is doing this for a cash reward, or the alien has no intentions of a valid marriage, but plans to divorce the USC upon receiving their green card, this is fraud.

But you still failed to show where it is illegal to marry a non-immigrant that is here on a tourist vehicle with a valid marriage and no intent to commit marriage fraud of the nature just so that non-immigrant can stay here. USCIS normally treats such cases very rapidly once the I-130 process is started seemingly given more preference to a non-immigrant than to a USC.

I have never said it is illegal to get married to someone on a tourist visa. It is NOT. You are making the same mistake many people do, You are confusing Intent to get Married with intent to remain at the time of entry. What is illegal is to enter the USA with the intent to remain and file for AOS, The would be misrepresentation and withholding material facts, and the above law covers that very clearly. If you are stood at the POE and the officer ask you "What is the Reason for your visit" and you say to see the US or visit friends when all the time you have planned to enter and remain. Then you are committing visa fraud, you are using a tourist visa to get around having to apply for a K1 or K3/CR1/IR1.

We all know that there are people out there who will get married to a USC just so they can stay here, This happens on all visa types including K1 and K3. None of this has anything to do with having a valid marriage. It very much has to do with what you told the CBP officer at the time of your entry and your real intent at that time.

If at anytime USCIS discover you misrepresented yourself at the time of your entry any status you have can be revoked including Citizenship.

As I said before go and have a read of the Adjudication Officers Handbook, it has some very interesting information covering all aspects of Adjustment of status from entry to the US right upto and including Citizenship. You may also want to read the Immigration Act and all the amendments and case law and you will be amazed just how often people get caught breaking immigration law and most of the time it is because they forgot the lie they told at the begining.

I am not in the habit of speading false rumors about immigration if I dont know the correct answer then I will try to find out but I have always fought to stop the incorrect information surrounding AOS from VWP/Tourist visa.

[NickD 203]

It's not easy for me to remember all this stuff since I am a natural born USC, and a veteran of a foreign war, didn't have to fool with that visa, customs, and passport stuff to come back here. But do have to agree with you, this country does have a ton of very little known laws, go into a court of law, think you have a foolproof case, and the judge that is buddy buddy with a prosecuting attorney finds some completely contradictory statue that says exactly the opposite of the many you found and rules in favor of that little known statue and hangs your butt. You are forced by our legal system to have the best attorney in the book.

When you come into this country, we all have to feel out that customs form, and you better answer yes to, yes, I have no bananas, because if you answer no to yes I have no bananas, and do have bananas, you are in deep trouble. Ha, read enough of our legal stuff where very common to use double or triple negatives in the same sentence, almost like they are trying to trip you up.

Really don't understand the I-94W visa waiver, you can come here with a passport with no visa and get a visa waiver? But only from a certain list of countries they don't list but need an electron microscope to find them? But, nevertheless, here are the questions this form asks. Dang, can't copy it, but your name, country of origin, flight number, stuff like that, nothing about the reason for your trip. Then questions like are you a fruitcase, a nut, carrying VD, did you come here to blow up our country, were you kicked out of this country, etc., but nothing about if you came here with the intent to marry, don't even ask you if you came here with the intention of not leaving when your I-94 expires. Want all answers in English and could be misinterpretation if you don't read and write English. Enough of this.

With a visa, and always a very long line, someone got the weird idea of jamming 500 people in a plane, even a thousand now, that means a very long line. They stamp out I-94's faster than a one armed bandit can take your nickels. Just do not recall, the IO asking even any questions, but was standing way far back, and wasn't even asked anything since I had a US Passport, maybe a welcome back to the USA, but that is seldom asked. But if he/she does ask a non-immigrant with a tourist visa if they came here with the intent to marry, is that even documented? And if were asked, do IO's have a photographic memory after processing thousands a day year after year that he or she did ask the question to testify in a court of law as legal proof.

If it is against the law to come here with the intent to marry, still haven't found where it is written, certainly not in big red letters on the I-94. And really intent is a very loose word, a person can come here and spend a week with the intended only to learn that person is a complete jerk.

Ha, already had one bad experience by dating and marrying the girl next door within five months after meeting, what a hell of a mistake that was, same thing happened to that wonderful woman I met that happened to live in a foreign country, but we saw plenty of each other for two years before tying that knot, Been married now for over five years, we are very happy. And she is now a USC. But when I first looked into what was required with brain twisting rules and regulations, searched for and found the best immigration attorney in the USA, this guy wrote many articles and books on the subject and knew a hundred times as much about USCIS law than any IO did. Sure enough comments on this board about calling the USCIS and getting as many different answers on the same subject from talking to different IO's.

Have to say, when I first read the instructions in the I-130 brain was twisted so bad need surgery to correct it, hell, leave that to my attorney. Who ever writes these instructions and forms do not even know how to ask a question to get the answer they are looking for, just like the IRS. And speaking about the IRS, scheduled another surgery to have my brain untwisted again after finishing my tax returns.

It's not that people want to break any laws when coming here, but have to know those laws in such a manner where they are comprehendible. If there is such a law on coming here with intent to marry, it should be clear.