intent vs non-intent and fraud - split from old case specific thread

[BBCC 16]

I am fascinated by this topic. It seems clear that it is fraud to enter the US on a B-2 with the intent, at the point of entry, of getting married.

Is it considered fraud to enter the US without the intent and then decide to marry *after* entering the US while on a B-2 and then pursue adjustment of status?

[elmcitymaven 9,712]

Is it considered fraud to enter the US without the intent and then decide to marry *after* entering the US while on a B-2 and then pursue adjustment of status?

No.

[canadian_wife 1,822]

No, but the burden will be on the beneficiary to prove non intent if questions arise

good luck

[aaron2020 11,651]

No, but the burden will be on the beneficiary to prove non intent if questions arise

good luck

No, it's not.

The US has to have evidence to prove intent (which is in a person's head).

[aaron2020 11,651]

Hi,

Here is the law.

It's immigration fraud to enter the US on a non-immigrant visa with the intent to immigrate (most commonly by adjusting status).

It's not immigration fraud to enter the US on a non-immigrant visa without the intent to immigrate and subsequently applying to adjust after the person changes his intent to stay.

Also, preconceived intent alone is not a valid reason to deny the adjustment of an Immediate Relative of a USC as long as the person did not lie at the POE.

Lots of grey.

It's immigration fraud to enter the US on a non-immigrant visa with the intent to immigrate for the spouse of a USC. At the same time, that preconceived intent alone is not a valid reason to deny the AOS of an Immediate Relative of a USC as long as the person did not lie at the POE.

Edited June 21, 2014 by aaron2020

[RhettVoe 282]

AKA mind changing.