Visa fraud and Intent

[peruvian princess 0]

Originally posted in family based visas but now moved to this forum

When my fiancée last entered the (tourist Visa) US in November she was stopped and questioned by immigration. It was her third visit here in a year. She had previously stayed here for between a week and two months. The immigration agent saw things that gave him the impression she was thinking of getting married on the trip. He saw her engagement ring, pictures from her engagement party when we got engaged ect. By sheer luck the agent let her go through, but marked her I-94 with no AOS on the front and on the back only approved her for a 60 day stay and marked it no aos, no cos, eos. He told her not to get married on this trip. She stayed for the 60 days and when she was due to leave she didn’t go home. We thought that she would not be allowed to come back in and we panicked. We were deciding what to do and what steps to take figuring that she would have to leave and we would figure things out later. After three and a half months we decided to just get married at the last minute. We figured we love each other so much that one way or another things would work out but we wanted to at least have the pleasure of a wedding and the bond for life that it brings with it. We quickly planned our wedding, small afair at home but very special, and are now married. That was two weeks ago. We then saw an immigration attorney who said we may not have that big a problem. He said that because she was here over 90 days before we decided to get married it shows that she did not come here with the intent to get married (we did not plan to get married on this visit even though we were engaged) and as long as she does not overstay more than 180 days, she is not in jeopardy of loosing her ability to AOS. He also said that the no AOS, COS, ect does not really mean anything because they should not have let her in if they thought she was committing visa fraud. Since they granted her entrance we are OK. Also that they can not tell someone that they can not get married. He said that it was just luck that they let her in. We are planning to file a AOS and all the accompanying paperwork. Does this seem plausible? Can we file for an adjustment of status as she entered the country as my fiancée but merely to visit, overstayed because she panicked that we would not be able to see each other again for a long time, and then just decided to spontaneously get married? I hope this is a realistic plan. Any ideas or suggestions are really welcome. We have been together almost 2 years and have visited each other 7 or 8 times so there is TONS of evidence of a real relationship. Does the fact that we were engaged in any way show intent? If we do apply for AOS at what point does the 180 days of overstay stop acrueing? She is now been here 120 days, 60 days of that time is an overstay. What are our options? Thank you all very much. I can not imagine having to spend any more time apart. At least before we each could visit the other and take turns so as to be able to work ect. If she has to return to Peru now only I would be able to go see her!

[EmVee 4]

Yikes. Well, if your lawyer told you he thinks you can file... lawyers know best. I guess it depends on the officer at the POE, how serious they get. I told the officer when I entered on a Tourist Visa that I was engaged and coming to spend a couple of months with my fiancé and he didn't really care. So maybe your fiancée just got a cranky officer, who was being extra cautious.

But then again, I don't know that much about the legalities of it all.

On the engagement part, I think a couple of people here were engaged (including myself) at the time of entry into the US. I'm just going to tell them the truth - we had been engaged a year but we hadn't planned to get married anytime soon. I don't think the engagement is the worry in your case, though, it's more the whole no AOS/overstay thing.

I also am pretty sure the overstay stops once you've submitted your paperwork and received the first NOA. So as long as you get it in soon, she won't be over 180 days.

Sorry I couldn't be more helpful. Good luck!

Edited March 27, 2010 by EmVee