is this visa fraud?!

[Tina and Johan 206]

This isn't me, but I am trying to answer someone else's question on Facebook about marrying someone in South Africa, and this is advice one woman gave:

"We got married in SA then I came back here on my visitor visa and filled paperwork."

The woman quoted above is telling the SA fiance to just get married in her home country and then come over as a married woman and adjust status.

She also posted this: We got married in SA then came back here and applied for my greencard. I had no problems what so ever. I filed and filled all the applications on my own and everything went through no questions asked. I was also told to do it here first but to be honest it doesnt matter, once u legally married anywhere, thats that. I now have my greencard I think the process took 6 months from start to finish.

Edited June 23, 2014 by Tina and Johan

[Harpa Timsah 13,258]

it is illegal to enter the US on a non-immigrant visa with the intent to immigrate.

People do it all the time, however, and many do not know it is wrong.

Once in the US, if allowed entry, then intent to immigrate upon entry is not a reason to deny an AOS.

If the person lies to gain entry to the US then they will be banned for life for misrepresentation.

Edited June 23, 2014 by Harpa Timsah

[Girl from Celebes 588]

She posted openly what she was doing. I remember reading news articles about some postings on Facebook sent people to jail. Again, if those people know how to use the flaw of existing laws, there is always ways to commit fraud. The US government should make clear the thin lines between those things.

[Tina and Johan 206]

Thanks Harpa. I'm so annoyed right now that this girl is getting advice to commit visa fraud. Ya, cuz the rest of us want to be separated for months on end.

[Marco&Bettina 502]

Thanks Harpa. I'm so annoyed right now that this girl is getting advice to commit visa fraud. Ya, cuz the rest of us want to be separated for months on end.

I just love your sense of sarcasm.

[Girl from Celebes 588]

"We got married in SA then I came back here on my visitor visa and filled paperwork."

The woman quoted above is telling the SA fiance to just get married in her home country and then come over as a married woman and adjust status.

I am clueless this part as I do barely understand the whole concept of immigration law. I do understand if she comes with a tourist visa with intend to get married and adjusting her status which means she committed fraud. But I do not understand how come she can apply adjustment of status if she already married in her country and filed papers in the US with a tourist visa? It does not make sense to me. I thought they only accepted adjusting from a tourist visa if they are married in the US.

Edited June 23, 2014 by Girl from Celebes

[Tina and Johan 206]

I just love your sense of sarcasm.

hehehe sometimes I use it for good, and sometimes for evil.

I am clueless this part as I do barely understand the whole concept of immigration law. I do understand if she comes with a tourist visa with intend to get married and adjusting her status which means she committed fraud. But I do not understand how come she can apply adjustment of status if she already married in her country and filed papers in the US with a tourist visa? It does not make sense to me. I thought they only accepted adjusting from a tourist visa if they are married in the US.

What I'd like to know is how she answered the "why are you visiting the US?" question. It couldn't have been truthfully, if they let her in. She seems to think that being a spouse alone allows people to move here without going through the proper channels.

[Boiler 45,497]

Did she clarify that she decided to stay only after she entered?

[Girl from Celebes 588]

What I'd like to know is how she answered the "why are you visiting the US?" question. It couldn't have been truthfully, if they let her in. She seems to think that being a spouse alone allows people to move here without going through the proper channels.

Indeed. Here is the big problem. Many people are always make excuse that when they come to the US just for visiting and a few weeks later are decided to get married. Only God knows people's intention. These people are already knew the flaw of immigration laws and use it to commit fraud. They could've just said," oh no. We never had intention get married. It just happened". The US immigration law should be fixed soon or fraudsters will take benefits from it.

[Harpa Timsah 13,258]

You don't have to marry in the US to do AOS.

As far as the levels of fraud, this has to fall pretty low on the scale. The people that do this pay more money and they would have been allowed to come anyway (or they would be denied). A lot of people just really don't know there is anything wrong with it.

Edited June 23, 2014 by Harpa Timsah

[Tina and Johan 206]

Did she clarify that she decided to stay only after she entered?

The girl asking for advice came to the US to visit her boyfriend, and he proposed while she's been here. She has now posted on FB asking advice about how to deal with immigration because she wants to get married in South Africa. I, and many others, advised her to get married here, then after green card (or AP) go back to SA and have the wedding she wants. I specifically suggested they do a fiance visa, due to better timelines, but then the woman I quoted said, effectively, just come back after you get married, using your visitors visa and adjust status to get your green card. No problem!

I replied with "that's fraud" and warned of the ban from the US, and suggested this site. I'm not really sure why this struck a chord with me, but I'm so pissed that people would suggest that to her. Like, hey, why didn't we think of that?! How simple! >

[ISLANDBOY 21]

Its someone like this, that makes it harder for someone that is doing it the legal way jump thru so much red tape.

[aaron2020 11,651]

The law is grey. Different Congresses have make the rules complex.

It's immigration fraud to enter the US on a non-immigrant visa with the intent to immigrate by adjusting status. (Tell CBP this is the visitor intends to adjust, and this person is on the next plane home.)

At the same time, preconceived intent to immigrate alone is not a valid reason to deny the AOS of an Immediate Relative of a US citizen if the person did not lie at the POE.

While it was immigration fraud for the spouse to enter the US on the visitor visa, the law excuses this violation for an Immediate Relative of a USC. The penalty for the immigration fraud is none. And this is the price that many chooses to pay.

The saying goes 'If you can't do the time, don't do the crime." And the opposite is true. If the law prescribes a penalty and people are willing to pay that penalty, then IMHO I don't see the problem.

Unfortunately, VisaJourney's policy is no advice that advocates violating US laws. IMHO, this is a stupid policy that does not take into consideration that people should be given their options and they can choose what to do as long as the laws are grey in this area.

I am not advocating for anything since the person who is doing this is not involved in this thread.

[Boiler 45,497]

Certainly the most popular option.

[FlyingPhoenix 4]

it is illegal to enter the US on a non-immigrant visa with the intent to immigrate.

People do it all the time, however, and many do not know it is wrong.

Once in the US, if allowed entry, then intent to immigrate upon entry is not a reason to deny an AOS.

If the person lies to gain entry to the US then they will be banned for life for misrepresentation.

Not necessarily true when you say people are banned for life for misrepresentation. I think it depends on the situation, I was denied entry once because I had a lack of ties to my home country and they said I was misrepresenting my stay in the US, I suppose there was some truth I had a return flight for a few weeks after arrival but there was a chance I may stay a little longer but still within the limits on the VWP but I was not banned for life or for any amount of time, I was banned from using the VWP so any future visas would have to be approved by an embassy and I have just been approved my K1 visa and they were fully aware of my denial into the states.