Can someone get married to a US citizen in the US then file the paperwork

[moemac59 192]

I have a girlfriend who has met an American. He lives in the US and she in Canada. They have plans to be married over the summer. The thing is that she has not filed any immigration paperwork to go to the US. She will be informing customs that she is going down on vacation to see family and then she will just end up staying there and getting married, and filing down there after they tie the knot. Her lawyer is also telling her that to get her GC it will only take a couple of months if they get married while she is down there.

Her lawyer has suggested that this is the route that they go as she doesn't want to wait to go thru the whole K1 process. I personnally think that this is wrong as I am going the K1 route and going thru all the proper channels to come to the US legally.

Can someone please elaborate? Just curious as her lawyer is costing her alot of money and I think that the lawyer is wrong...just going by all the post that I have seen on the site.

[VanessaTony 3,567]

It will most likely work but she's committing immigration fraud.

[Caribbean Pirate 9]

I am not an expert on this but I think that if she states that she is on vacation when she enters the country and then gets married and there is any evidence that it was planned ahead of time she will have trouble changing status. Intentionally not telling the truth on any immigration form is a very bad idea if you want to stay. I'm surprised that a lawyer would have suggested she just go around the system like that.

There are many others with much more experience that I'm sure will chime in on this one!

[aaron2020 11,651]

I have a girlfriend who has met an American. He lives in the US and she in Canada. They have plans to be married over the summer. The thing is that she has not filed any immigration paperwork to go to the US. She will be informing customs that she is going down on vacation to see family and then she will just end up staying there and getting married, and filing down there after they tie the knot. Her lawyer is also telling her that to get her GC it will only take a couple of months if they get married while she is down there.

Her lawyer has suggested that this is the route that they go as she doesn't want to wait to go thru the whole K1 process. I personnally think that this is wrong as I am going the K1 route and going thru all the proper channels to come to the US legally.

Can someone please elaborate? Just curious as her lawyer is costing her alot of money and I think that the lawyer is wrong...just going by all the post that I have seen on the site.

Her lawyer is counseling her to commit immigration fraud. While many get with it, she might not. If she is caught, she'll have to face the unpleasant music. Is it worth it? Not in my humble opinion.

Tell your friend there is a legal route for her. Why would she risk a few months to do it the wrong way?

[moemac59 192]

Her lawyer is counseling her to commit immigration fraud. While many get with it, she might not. If she is caught, she'll have to face the unpleasant music. Is it worth it? Not in my humble opinion.

Tell your friend there is a legal route for her. Why would she risk a few months to do it the wrong way?

That is what I thought and tried to tell her this...she is very impatient and doesn't want to wait.Plus she is paying her attorney huge bucks$$$$. I think that the attorney is very money driven and that is why she is telling my girlfriend what she wants to her. She told me that it is going to cost her around $15,000.00.

I told her that she should just go the K1 route but again she told me that she didn't want to wait that long and that it was quicker to go this way.

I waited almost 5 years to be with my fiance.

Edited April 11, 2012 by moemac59

[Tygrys 143]

That is what I thought and tried to tell her this...she is very impatient and doesn't want to wait.Plus she is paying her attorney huge bucks$$$$. I think that the attorney is very money driven and that is why she is telling my girlfriend what she wants to her. She told me that it is going to cost her around $15,000.00.

I told her that she should just go the K1 route but again she told me that she didn't want to wait that long and that it was quicker to go this way.

I waited almost 5 years to be with my fiance.

If USCIS suspects the foul play and her AOS is denied based on immigration intent at the time of entry, I don't think the denial can even be appealed. Not even by $15K lawyer.

[moemac59 192]

If USCIS suspects the foul play and her AOS is denied based on immigration intent at the time of entry, I don't think the denial can even be appealed. Not even by $15K lawyer.

I will talk to her and see if I can talk some sense into her. She has her own business and does alot of traveling in the US. It would be a shame if she got caught and was never allowed to enter the US again all because she believes what her lawyer is telling her.

Thanks

[HeatDeath 430]

While she will reasonably likely get away with it, she is taking quite a bit of a risk, and here's why:

If you do adjustment of status from a fiance visa and you are denied for whatever reason, you can appeal, and appeals are usually successful. If you try to AOS from a tourist status, on the other hand, and are denied, again for whatever reason, you cannot appeal.

The probability of success is about the same in both cases, but the downside consequences, and therefore the total risk, is much worse if you AOS from a tourist status. And thats assuming she even gets in. If the US customs officer decides she's lying when she states an intent to return to Canada, she could get denied entry and slapped with a ban from entering the US for anything from 6 months to forever.

Not worth it. Her lawyer has no business recommending this plan, even though lots of Canadian lawyers do.

[Visitor 90]

If she travels between the 2 countries often chances are customs won't have any reason to stop her from entering the US. Just another business trip eh.

In cases like this money talks I suppose but what an unscrupulous lawyer to advise her to go about things this way and to charge that kind of money for it to boot. More brass than sense.

Seems like it's the rich and illegals who get all the breaks which doesn't leave much room for the average middle of the road people who do things by the proper channels and go with the system.

[Tygrys 143]

IHMO, the lawyer who advises their client to break the law should be disbared. Will happen? No. No risk for the lawyer.

Has the lawyer advised your friend that the whatever small, chance exists USCIS will smell the rat and deny the AOS? Probably not.

If your friend is caught, it will be very painful for her. No appeal for AOS denial. Material misinterpretation, so she could be slapped with lifelong ban under INA 212(a)(6)©(i). Will she then blame the lawyer? Sure, but no luck here:

The common explanation given by such erring applicants is that they were misguided by consultants, employers, or friends. It must be understood that, irrespective of who misguided them, when applicants are responsible for committing the fraud or willful misrepresentation of material facts. They, and not these abettors, will have to face the consequences. Each individual is responsible for the documents presented and the forms signed in his or her case.

[Darnell 8,478]

15K ? wow.

tell yer friend sans lawyer fees, what she thinks is doable costs about 1700 bucks (including medical) , bucks being USDollars.

Just Saying.

[Tygrys 143]

15K ? wow.

tell yer friend sans lawyer fees, what she thinks is doable costs about 1700 bucks (including medical) , bucks being USDollars.

Just Saying.

I would think that 15k is just lawyer's retainer. Filing fees will be extra.

[LinaMD 8]

I doubt that your friend will change her mind. It is too easy to AOS from a tourist visa and there are very few cases that get denied so a lot of people just prefer to do the wrong thing. To be honest..sometimes I regret not having done something like this which would have lead to my hubby not missing the birth of our child.

[moemac59 192]

I doubt that your friend will change her mind. It is too easy to AOS from a tourist visa and there are very few cases that get denied so a lot of people just prefer to do the wrong thing. To be honest..sometimes I regret not having done something like this which would have lead to my hubby not missing the birth of our child.

My girlfriend is not even going on a tourist visa, she is just telling customs that she is going down on vacation to see family and then she is going to stay and get married. I feel bad for her but doubt she will listen and just brush it off like I don't know what I'm talking about and that her lawyer is right. Her lawyer is actually an American lawyer and not Canadian...not that that makes any difference.

I appreciate all of the advice and will try to advise her accordingly.

If she travels between the 2 countries often chances are customs won't have any reason to stop her from entering the US. Just another business trip eh.

In cases like this money talks I suppose but what an unscrupulous lawyer to advise her to go about things this way and to charge that kind of money for it to boot. More brass than sense.

Seems like it's the rich and illegals who get all the breaks which doesn't leave much room for the average middle of the road people who do things by the proper channels and go with the system.

I agree with you outback Annie, I'm glad that I am going thru the proper channels to immigrate legally...I could not bear to be without my soon to be hubby!

[aaron2020 11,651]

My girlfriend is not even going on a tourist visa, she is just telling customs that she is going down on vacation to see family and then she is going to stay and get married. I feel bad for her but doubt she will listen and just brush it off like I don't know what I'm talking about and that her lawyer is right. Her lawyer is actually an American lawyer and not Canadian...not that that makes any difference.

I appreciate all of the advice and will try to advise her accordingly.

I agree with you outback Annie, I'm glad that I am going thru the proper channels to immigrate legally...I could not bear to be without my soon to be hubby!

Your friend is a business woman. Ask her how intelligent it is to lie to federal officers. Tell your friend to look up 18 USC section 1001 - yes, it's a crime to lie to federal officers.

Martha Stewart didn't get busted for insider trading. She got busted for lying to federal officers.