Am I right?

[mrs_gonzo 9]

Hey everybody,

So I have a friend who has been with her now fiance for a long time. She recently applied for a Tourist visa and will come to the States the end of this month and her wedding date is 6 weeks later. Apparently her attorney told her that that is ok for her to do so. She will quit her job after this week, gave up her apartment the end of last month and canceled several insurances etc before coming here. I tried talking her out of it and told her that the fact that they already sent out wedding invitations and planned everything (she will have her wedding dress in one of her suitcases !) is not really doing her a favor... I told her its ok if she goes back to Germany afterwards and apply for the marriage visa, but she will file AOS, because her lawyer said it is ok to do so.

But I it is illegal to enter the States with a clear intend to immigrate, how in the world can her lawyer tell her it is fine to do so? I would hate for her to get into serious trouble like that, but i dont know what to tell her!? Anyone any ideas?

[X Factor 1,112]

Yep it is illegal to come on a tourist visa with clear intent to marry.

[asdfg 18]

Hey everybody,

So I have a friend who has been with her now fiance for a long time. She recently applied for a Tourist visa and will come to the States the end of this month and her wedding date is 6 weeks later. Apparently her attorney told her that that is ok for her to do so. She will quit her job after this week, gave up her apartment the end of last month and canceled several insurances etc before coming here. I tried talking her out of it and told her that the fact that they already sent out wedding invitations and planned everything (she will have her wedding dress in one of her suitcases !) is not really doing her a favor... I told her its ok if she goes back to Germany afterwards and apply for the marriage visa, but she will file AOS, because her lawyer said it is ok to do so.

But I it is illegal to enter the States with a clear intend to immigrate, how in the world can her lawyer tell her it is fine to do so? I would hate for her to get into serious trouble like that, but i dont know what to tell her!? Anyone any ideas?

Just because someone bears a title of an "attorney" doesn't mean they are competent, I have warned other posters about it in one of my earlier posts. Hiring/consulting a bad attorney is a lot worse than not having any attorney.

[mrs_gonzo 9]

Yes but is there a chance that she can get away with that? I dont get why her lawyer would tell her to take this route...

[Anh map 2,098]

Coming for a "Visit" and bringing all your belongings? One big red flag. It sounds like this person is prepared to lie to the CBP officer regarding the purpose of the trip. 2nd big flag with potential lifetime ban consequences.

She may get in, or maybe she gets to wait in the airport holding area for the next return flight. Either way, the attorney will not suffer the consequences.

[KLS2010 30]

It is illegal to use a non-immigrant visa (ie tourist visa) with the intent to immigrate (unless its a K1 visa, as technically that is a non-immigrant visa, but I digress..)

There are numerous reasons why a lawyer would tell someone to do this, despite it being in direct contravention of the purpose of a tourist visa. These can include - the lawyer is just plain ignorant of immigration law, the fact that alot of people have done it and got away with it, and lastly (and my guess would be the most likely), the lawyer is completely aware that by going about things in this way there could be problems when it comes time to file the paperwork (read: if problems arise, the lawyer is quite happy to charge a fortune to try and sort out the situation).

It's not advised to do things this way, and no-one here on VJ will tell someone to do things illegally. However, chances are she will probably get away with it.

[asdfg 18]

Yes but is there a chance that she can get away with that? I dont get why her lawyer would tell her to take this route...

It is POSSIBLE that USCIS will allow her to AOS irrespective of her intention to immigrate at the time of entry (this is due to case precedent back in 1980's which is included in USCIS field manual where it says that if intent is the sole negative factor USCIS MAY exercise a favorable discretion and adjust status of petitioner) , however, should USCIS IO decide to take it on and should ICE also be willing to remove her they can remove her for that.

Many immigration lawyers have no clue about INA, case precedents , CFR and etc, they just care to put a fat check in bank and whatever happens to a client is none of their concern. Don't ask why , how, what for lawyer is saying what he/she is saying , motive of the lawyer is irrelevant. What matters is the law.

[dwheels76 5,469]

Yes but is there a chance that she can get away with that? I dont get why her lawyer would tell her to take this route...

Because many people not coming from non-high fraud countries do get away with it. And these lawyers know it. Immigration would have to show intent that she planned to come here and do all this. Gosh just saying "oh we got caught up in the moment" a Roass and Rachel moment, most get a pass.

I guarantee you my husband coming from Nigeria, oh my friends coming out of Islamabad or the MENA's or Phillipines wouldn't get such a pass. It's so ufair the rest of us have to suffer and be apart and many of us don't get the advantage of a VWP. It's been 11 months since I seen my husband. But hey if I could get away with it who knows I might have given it a shot. So who am I to throw stones at love and wanting to be togethher.

[KLS2010 30]

Yep it is illegal to come on a tourist visa with clear intent to marry.

Actually, no it isn't. There is nothing illegal about coming with the intent to marry. It is, however, illegal to come with the intent to marry and STAY.

[mrs_gonzo 9]

Im sure a lawyer will say anything as long as he/she is getting her $$$. i mean in the end she is the one held responsible, not the lawyer. Well I hope it works out for her I guess, but I just don't have a good feeling and if they ask for proof, there is nothing she can provide other than her return ticket... oh well!

[Calicolom 266]

Colombia used to be VW Country, until every Colombian came to visit and stayed.

[dwheels76 5,469]

Colombia used to be VW Country, until every Colombian came to visit and stayed.

See the sins of others and we must pay. What scares me is people are doing this from rather EASY countries and me and my husband still with me leaving with him for 6 months knowing each other for 3 years still have to deal with a Embassy that is saying "guilty now prove your relationship real to us". Oh boy. Oh to be from UK or Canada.