fiancee came over on musicians visa. will i have problems w/ visa fraud?

[kitchy 0]

hi!

my fiancee came over on a musicians work visa, and we married 5 days later. only after the fact did we know this could be bad for his green card paperwork.

i know people who come over on a tourist visa could be in hot water for getting married quickly, but could the same be said for a musicians visa? he was planning to come here to work, and is still working for the organization that got him the visa. does anybody else have a similar situation?

thanks!

[Jesse and Hema 2]

hi!

my fiancee came over on a musicians work visa, and we married 5 days later. only after the fact did we know this could be bad for his green card paperwork.

i know people who come over on a tourist visa could be in hot water for getting married quickly, but could the same be said for a musicians visa? he was planning to come here to work, and is still working for the organization that got him the visa. does anybody else have a similar situation?

thanks!

I don't have a similar situation, but a couple thoughts.

He won't be in hot water for getting married on a work visa, but he might be when he tries to adjust status.

Work visas are not intended for permanent immigration, just like the visitor visa.

Assuming your fiance came intending to marry and immigrate on a work visa, it sounds like you did plan to commit fraud, even though it may have been unintentional. Many people have gotten away with it, but 5 days is pretty quick, and is likely to at least throw up some red flags. It's simply a judgement call on whether you want to just go ahead with the AoS or not. Surely others on the board will toss in their opinions.

[alexpapa 4]

hi!

my fiancee came over on a musicians work visa, and we married 5 days later. only after the fact did we know this could be bad for his green card paperwork.

i know people who come over on a tourist visa could be in hot water for getting married quickly, but could the same be said for a musicians visa? he was planning to come here to work, and is still working for the organization that got him the visa. does anybody else have a similar situation?

thanks!

I don't have a similar situation, but a couple thoughts.

He won't be in hot water for getting married on a work visa, but he might be when he tries to adjust status.

Work visas are not intended for permanent immigration, just like the visitor visa.

Assuming your fiance came intending to marry and immigrate on a work visa, it sounds like you did plan to commit fraud, even though it may have been unintentional. Many people have gotten away with it, but 5 days is pretty quick, and is likely to at least throw up some red flags. It's simply a judgement call on whether you want to just go ahead with the AoS or not. Surely others on the board will toss in their opinions.

Is he on an O visa? Most likely O-1 ? These are deemed to be dual intent, the same as H1, L1, etc... It may raise red flags as you say being only 5 days after arriving, but intent IS allowed on these visas so I don't think it is a problem, anyone else?

[Mint518 0]

hi!

my fiancee came over on a musicians work visa, and we married 5 days later. only after the fact did we know this could be bad for his green card paperwork.

i know people who come over on a tourist visa could be in hot water for getting married quickly, but could the same be said for a musicians visa? he was planning to come here to work, and is still working for the organization that got him the visa. does anybody else have a similar situation?

thanks!

I don't have a similar situation, but a couple thoughts.

He won't be in hot water for getting married on a work visa, but he might be when he tries to adjust status.

Work visas are not intended for permanent immigration, just like the visitor visa.

Assuming your fiance came intending to marry and immigrate on a work visa, it sounds like you did plan to commit fraud, even though it may have been unintentional. Many people have gotten away with it, but 5 days is pretty quick, and is likely to at least throw up some red flags. It's simply a judgement call on whether you want to just go ahead with the AoS or not. Surely others on the board will toss in their opinions.

Is he on an O visa? Most likely O-1 ? These are deemed to be dual intent, the same as H1, L1, etc... It may raise red flags as you say being only 5 days after arriving, but intent IS allowed on these visas so I don't think it is a problem, anyone else?

I think marriage itself is fine but filing AOS too soon would be a red flag. I would suggest to wait to file AOS at least 2 months from the entry to US based on the advise in "General notes about adjusting from H1B, F-1, J-1, or another type of visa" in this page --> http://www.visajourney.com/forums/index.ph...p;page=otheraos, or longer if they can wait, i.e. not file AOS as long as she can maintain her current visa.

Edited February 17, 2009 by Mint518

[Mint518 0]

I think marriage itself is fine but filing AOS too soon would be a red flag. I would suggest to wait to file AOS at least 2 months from the entry to US based on the advise in "General notes about adjusting from H1B, F-1, J-1, or another type of visa" in this page --> http://www.visajourney.com/forums/index.ph...p;page=otheraos, or longer if they can wait, i.e. not file AOS as long as he can maintain his current visa.

p.s. Sorry - I noticed I mixed-up genders of original poster and her fiance in my previous post and would like to correct as above.