Foolish friend wants to come to US on visitor visa & marry b/c fiancee won't fly to Morocco

[KittyPollitt 284]

Topic title pretty much says it all.. He comes from a fairly wealthy family in Morocco, so it's possible he might actually get a visitor visa.. I've explained to him that if they find out he intended to marry on it, he could get banned.. His fiancee has 2 kids and is unemployed and afraid to fly, so they see this as an only option- I also told him he could come here and stay for his visa, then return to Morocco so she could file a K-1, but they seem pretty intent upon disregarding immigration laws to satisfy their own impatience

What kind of obstacles are they putting in their own path? Maybe I could get him to see the light before he seriously screws up their case!!

Thanks

Sarah

[rsn 135]

Topic title pretty much says it all.. He comes from a fairly wealthy family in Morocco, so it's possible he might actually get a visitor visa.. I've explained to him that if they find out he intended to marry on it, he could get banned.. His fiancee has 2 kids and is unemployed and afraid to fly, so they see this as an only option- I also told him he could come here and stay for his visa, then return to Morocco so she could file a K-1, but they seem pretty intent upon disregarding immigration laws to satisfy their own impatience

What kind of obstacles are they putting in their own path? Maybe I could get him to see the light before he seriously screws up their case!!

Thanks

Sarah

There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.

Edited November 7, 2009 by rsn

[Dakine 26]

Topic title pretty much says it all.. He comes from a fairly wealthy family in Morocco, so it's possible he might actually get a visitor visa.. I've explained to him that if they find out he intended to marry on it, he could get banned.. His fiancee has 2 kids and is unemployed and afraid to fly, so they see this as an only option- I also told him he could come here and stay for his visa, then return to Morocco so she could file a K-1, but they seem pretty intent upon disregarding immigration laws to satisfy their own impatience

What kind of obstacles are they putting in their own path? Maybe I could get him to see the light before he seriously screws up their case!!

Thanks

Sarah

There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.

Correct but he can't adjust status.

Edited November 7, 2009 by Dakine

[rsn 135]

Topic title pretty much says it all.. He comes from a fairly wealthy family in Morocco, so it's possible he might actually get a visitor visa.. I've explained to him that if they find out he intended to marry on it, he could get banned.. His fiancee has 2 kids and is unemployed and afraid to fly, so they see this as an only option- I also told him he could come here and stay for his visa, then return to Morocco so she could file a K-1, but they seem pretty intent upon disregarding immigration laws to satisfy their own impatience

What kind of obstacles are they putting in their own path? Maybe I could get him to see the light before he seriously screws up their case!!

Thanks

Sarah

There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.

Correct but he can't adjust status.

Sure they can. What makes you think they can't?

They can adjust as long as there is no material misrepresentation involved.

Edited November 7, 2009 by rsn

[SunDrop 59]

No official is going to allow him to enter on a visitor's visa if he declares he intends to get married and adjust.

If he enters on a visitor's visa and doesn't declare his intent to marry and adjust then he's committing fraud. The onus is on the applicant to prove there was NO intent, not always an easy thing to do. If they decide he doesn't satisfy this proof, he could be deported and banned from re-entering for LIFE.

They've got 2 options when it comes to doing it the legal way:

1) She applies for a K1, he applies for a visitor's visa and he travels with a copy of the NOA1 from the K1 petition and explains that he's staying only for the length of his visitor's visa and will return to finalise the K1 processing, or when they receive NOA2. And does just that. He then returns to the US on his K1 and then they marry and adjust.

2) He applies for a visitor's visa, travels to the US and they get married. She files a K3 or a CR1 application and he stays for the duration of his visitor's visa. He returns to finalise processing and then re-enters with either his K3 and adjusts or his CR1. He should, if he wants to avoid the risk of being permanently banned from the US, tell them at his POE of his intentions to marry her and that he will leave once his visa has expired OR the NOA2 is received, whichever is the earlier. He may or may not be granted entry but can't know until he gets to his POE.

3) Failing sense in listening to you, tell them that if they commit fraud and you know, you will notify the USCIS of their intentions. It's really not fair on anyone else going through the process properly. I did this with my roommate at the time, when she was asked to marry a guy she knew from school so that he could stay in the UK on her EU passport. Told her if she did, I'd report them to the authorities. She was mad at first and thanked me after he went to marry some other chick he knew. They were stopped at the Registry Office, he was deported and she was heavily fined...

I don't know if Morocco allows self-sponsoring but if so, is he wealthy enough to prove he has liquidated funds that are 5 x roughly 27,500usd? That's the amount he'll need for him, her and her 2 kids. Otherwise, again if Morocco allows it, they'll need a co-sponsor.

Edited November 7, 2009 by SunDrop

[TayRivers 4]

No official is going to allow him to enter on a visitor's visa if he declares he intends to get married and adjust.

If he enters on a visitor's visa and doesn't declare his intent to marry and adjust then he's committing fraud. The onus is on the applicant to prove there was NO intent, not always an easy thing to do. If they decide he doesn't satisfy this proof, he could be deported and banned from re-entering for LIFE.

They've got 2 options when it comes to doing it the legal way:

1) She applies for a K1, he applies for a visitor's visa and he travels with a copy of the NOA1 from the K1 petition and explains that he's staying only for the length of his visitor's visa and will return to finalise the K1 processing, or when they receive NOA2. And does just that. He then returns to the US on his K1 and then they marry and adjust.

2) He applies for a visitor's visa, travels to the US and they get married. She files a K3 or a CR1 application and he stays for the duration of his visitor's visa. He returns to finalise processing and then re-enters with either his K3 and adjusts or his CR1. He should, if he wants to avoid the risk of being permanently banned from the US, tell them at his POE of his intentions to marry her and that he will leave once his visa has expired OR the NOA2 is received, whichever is the earlier. He may or may not be granted entry but can't know until he gets to his POE.

3) Failing sense in listening to you, tell them that if they commit fraud and you know, you will notify the USCIS of their intentions. It's really not fair on anyone else going through the process properly. I did this with my roommate at the time, when she was asked to marry a guy she knew from school so that he could stay in the UK on her EU passport. Told her if she did, I'd report them to the authorities. She was mad at first and thanked me after he went to marry some other chick he knew. They were stopped at the Registry Office, he was deported and she was heavily fined...

I don't know if Morocco allows self-sponsoring but if so, is he wealthy enough to prove he has liquidated funds that are 5 x roughly 27,500usd? That's the amount he'll need for him, her and her 2 kids. Otherwise, again if Morocco allows it, they'll need a co-sponsor.

Your post is misleading... there is no permanent ban from the US if you enter and get married and remain and file for AOS... as others have said as long as you did not misrepresent your self at the POE then as a immediate relative of a USC (Spouse, Parents, Minor Children) you can legally file for I-130 and AOS and remain in the USA while it is being processed.

I would be interested to see where you are getting the information from that say you will get a permanent ban from the USA.

A link?.......

[brnidokiegurl 0]

Most young men wealthy or poor wont get a visitors visa from morocco

[MrsAmera 41]

Not true - there are plenty of wealthier individuals who do get visitors visas. I can think of 5 that I personally know off the top of my head. I won't weigh in on the situation but there are hundreds of couples who go through a paper marriage for immigration purposes and it seems this might perhaps be a legitimate relationship? Not condoning it but there are worse situations. Perhaps he will get the visitors visa, come and find out that they really don't want to get married. If one is lucky enough to be granted a visitors visa, it's no different from a USC going to Morocco to visit, finding out they do want to get married and doing so - IMO. IT could go either way.

[rsn 135]

No official is going to allow him to enter on a visitor's visa if he declares he intends to get married and adjust.

If he enters on a visitor's visa and doesn't declare his intent to marry and adjust then he's committing fraud. The onus is on the applicant to prove there was NO intent, not always an easy thing to do. If they decide he doesn't satisfy this proof, he could be deported and banned from re-entering for LIFE.

They've got 2 options when it comes to doing it the legal way:

1) She applies for a K1, he applies for a visitor's visa and he travels with a copy of the NOA1 from the K1 petition and explains that he's staying only for the length of his visitor's visa and will return to finalise the K1 processing, or when they receive NOA2. And does just that. He then returns to the US on his K1 and then they marry and adjust.

2) He applies for a visitor's visa, travels to the US and they get married. She files a K3 or a CR1 application and he stays for the duration of his visitor's visa. He returns to finalise processing and then re-enters with either his K3 and adjusts or his CR1. He should, if he wants to avoid the risk of being permanently banned from the US, tell them at his POE of his intentions to marry her and that he will leave once his visa has expired OR the NOA2 is received, whichever is the earlier. He may or may not be granted entry but can't know until he gets to his POE.

3) Failing sense in listening to you, tell them that if they commit fraud and you know, you will notify the USCIS of their intentions. It's really not fair on anyone else going through the process properly. I did this with my roommate at the time, when she was asked to marry a guy she knew from school so that he could stay in the UK on her EU passport. Told her if she did, I'd report them to the authorities. She was mad at first and thanked me after he went to marry some other chick he knew. They were stopped at the Registry Office, he was deported and she was heavily fined...

I don't know if Morocco allows self-sponsoring but if so, is he wealthy enough to prove he has liquidated funds that are 5 x roughly 27,500usd? That's the amount he'll need for him, her and her 2 kids. Otherwise, again if Morocco allows it, they'll need a co-sponsor.

Your post is misleading... there is no permanent ban from the US if you enter and get married and remain and file for AOS... as others have said as long as you did not misrepresent your self at the POE then as a immediate relative of a USC (Spouse, Parents, Minor Children) you can legally file for I-130 and AOS and remain in the USA while it is being processed.

I would be interested to see where you are getting the information from that say you will get a permanent ban from the USA.

A link?.......

SunDrop is clearly misinformed on this issue. I'll admit I was on the wrong side of this issue at one time as well, that is until I read case law that proved me wrong. There are groups of people on here who, regardless of the contradicting evidence available, want to push their own agenda. Two issues (among others) where this happens often seem to be employment authorization and adjusting status while on a visitor's visa. SunDrop, I encourage you to start by looking at this thread. You will see that you are incorrect.

[NutMagnet 2]

There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.

BS. Coming to the USA on a visitor's visa with the previous intent to marry is circumenting immigration laws. There are different classes of visa for each purpose. Knowingly or willfully using one type of visa for the purpose of another is flat out, fraud and misrepresentation.

Furthermore, you know better and you know that it isnt right, "as long as there is no misrepresentation, for example, at the border or on the original visa app."

So when the CBP officer asks the point of entry "What is your propose in the USA" and the answer is "Toursim" but leaving out the part about being so clever and forgetful to mention the "getting married" part amounts to a half-truth, and a misreprentation of intent.

So if they they do not ask "ARE YOU GOING TO GET MARRIED WHILE ON THIS VISITOR'S VISA?" and nothing is mentioned on the application for same. Then in your mind its OK to be granted the privilege of visiting the country as a tourist, and not that of an intending immigrant?

It will catch up to you. Big brother is reading this board also.

[Anh map 2,098]

No official is going to allow him to enter on a visitor's visa if he declares he intends to get married and adjust.

If he enters on a visitor's visa and doesn't declare his intent to marry and adjust then he's committing fraud. The onus is on the applicant to prove there was NO intent, not always an easy thing to do. If they decide he doesn't satisfy this proof, he could be deported and banned from re-entering for LIFE.

They've got 2 options when it comes to doing it the legal way:

1) She applies for a K1, he applies for a visitor's visa and he travels with a copy of the NOA1 from the K1 petition and explains that he's staying only for the length of his visitor's visa and will return to finalise the K1 processing, or when they receive NOA2. And does just that. He then returns to the US on his K1 and then they marry and adjust.

2) He applies for a visitor's visa, travels to the US and they get married. She files a K3 or a CR1 application and he stays for the duration of his visitor's visa. He returns to finalise processing and then re-enters with either his K3 and adjusts or his CR1. He should, if he wants to avoid the risk of being permanently banned from the US, tell them at his POE of his intentions to marry her and that he will leave once his visa has expired OR the NOA2 is received, whichever is the earlier. He may or may not be granted entry but can't know until he gets to his POE.

3) Failing sense in listening to you, tell them that if they commit fraud and you know, you will notify the USCIS of their intentions. It's really not fair on anyone else going through the process properly. I did this with my roommate at the time, when she was asked to marry a guy she knew from school so that he could stay in the UK on her EU passport. Told her if she did, I'd report them to the authorities. She was mad at first and thanked me after he went to marry some other chick he knew. They were stopped at the Registry Office, he was deported and she was heavily fined...

I don't know if Morocco allows self-sponsoring but if so, is he wealthy enough to prove he has liquidated funds that are 5 x roughly 27,500usd? That's the amount he'll need for him, her and her 2 kids. Otherwise, again if Morocco allows it, they'll need a co-sponsor.

Your post is misleading... there is no permanent ban from the US if you enter and get married and remain and file for AOS... as others have said as long as you did not misrepresent your self at the POE then as a immediate relative of a USC (Spouse, Parents, Minor Children) you can legally file for I-130 and AOS and remain in the USA while it is being processed.

I would be interested to see where you are getting the information from that say you will get a permanent ban from the USA.

A link?.......

As a moderator you are giving the advice that someone enter the US with a non-immigrant visa with clear immigrant intent?

I understand that it occurs. Just wanting to get the VJ moderator's stance on this behavior.

[rsn 135]

There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.

BS. Coming to the USA on a visitor's visa with the previous intent to marry is circumenting immigration laws. There are different classes of visa for each purpose. Knowingly or willfully using one type of visa for the purpose of another is flat out, fraud and misrepresentation.

Furthermore, you know better and you know that it isnt right, "as long as there is no misrepresentation, for example, at the border or on the original visa app."

So when the CBP officer asks the point of entry "What is your propose in the USA" and the answer is "Toursim" but leaving out the part about being so clever and forgetful to mention the "getting married" part amounts to a half-truth, and a misreprentation of intent.

So if they they do not ask "ARE YOU GOING TO GET MARRIED WHILE ON THIS VISITOR'S VISA?" and nothing is mentioned on the application for same. Then in your mind its OK to be granted the privilege of visiting the country as a tourist, and not that of an intending immigrant?

It will catch up to you. Big brother is reading this board also.

As long as there is no material misrepresentation, there is no problem. Nowhere did I say that it would be easy to get into the country by being honest in this situation. You are making a lot of assumptions here, but what I am saying is really very simple and straightforward. I pointed to a thread that cites case law on this issue. If that isn't enough to convince you, then I'm afraid nothing will get you off the bandwagon.

[Old Dominion 26]

Topic title pretty much says it all.. He comes from a fairly wealthy family in Morocco, so it's possible he might actually get a visitor visa.. I've explained to him that if they find out he intended to marry on it, he could get banned.. His fiancee has 2 kids and is unemployed and afraid to fly, so they see this as an only option- I also told him he could come here and stay for his visa, then return to Morocco so she could file a K-1, but they seem pretty intent upon disregarding immigration laws to satisfy their own impatience

What kind of obstacles are they putting in their own path? Maybe I could get him to see the light before he seriously screws up their case!!

Thanks

Sarah

There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.

A visitor visa will NOT be granted to someone who tells the truth, that he is coming here to marry. His purpose in visiting will be asked, and if he tells the truth, he'll be denied. How misinformed can you be?

[rsn 135]

Topic title pretty much says it all.. He comes from a fairly wealthy family in Morocco, so it's possible he might actually get a visitor visa.. I've explained to him that if they find out he intended to marry on it, he could get banned.. His fiancee has 2 kids and is unemployed and afraid to fly, so they see this as an only option- I also told him he could come here and stay for his visa, then return to Morocco so she could file a K-1, but they seem pretty intent upon disregarding immigration laws to satisfy their own impatience

What kind of obstacles are they putting in their own path? Maybe I could get him to see the light before he seriously screws up their case!!

Thanks

Sarah

There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.

A visitor visa will NOT be granted to someone who tells the truth, that he is coming here to marry. His purpose in visiting will be asked, and if he tells the truth, he'll be denied. How misinformed can you be?

If you are saying that no one has ever been granted a visitor's visa with the intent to marry w/out misrepresenting themselves and has then married and legally adjusted status w/out problems, then you are not just misinformed, you are delusional.

[AlHayatZween 2]

i don't know...

whole scenario seems a bit dodgy to me.

Even if his family is wealthy, how wealthy is he? Does he own land? Does he own a business? What are his ties to Morocco? While some young Moroccan men might succeed in getting an tourist visa, it's not easy. I understand she is afraid to fly and has kids, but still, she is considering marrying this guy and into is culture... Surely there is some way for her to get herself over there...? People who are afraid to fly still somehow manage to do so...

Likewise, i thought to even attempt a K1 visa, you had to show prove of having met in the past x amount of years, yes?

i think the best idea is to try what someone mentioned above:

Hopefully he can get a tourist visa, come for a visit, see if they are really meant for each other, then he goes back to Maghreb and she attempts the K1. With any luck, he'll be back in less than a year.