is this visa fraud?!

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - topic being discussed is AOS from tourist visa ~

[Boiler 45,497]

Misrep is a lifetime ban, but with the usual not that hard to get waiver.

From a practical perspective very rarely comes up.

[mtempelaar 190]

My lawyer recommended my man come here for a weekend, get married and leave the country immediately, the next day, and then file for the CR-1. He stays in the Netherlands until the visa is approved. I asked if that was fraud as he'd be coming here under a visitor visa and we get married while he's here for weekend. Lawyer told me it would be fraud if he stayed and did an AOS but not if he leaves immediately and follows CR-1 process. So that's what we did. Crossing fingers.

[aaron2020 11,651]

Misrepresentation is not an automatic ban for life.

First, the misrepresentation has to MATERIAL to be of consequences.

Second, a non-material misrepresentation does not matter. Example - omitting a child when asked to list all children when applying for a CR-1 spousal visa.

Third, not every material misrepresentation is a life time ban.

[Fan_Dancer 171]

It is the fastest and easiest way to get a green card. All you have to do is say you did not intend to adjust status when you entered the US. That's it.

Personally, I regret doing things correctly.

[tristanz 0]

unfortunately the normal way taking damn too long is the main problem here...

[aaron2020 11,651]

My lawyer recommended my man come here for a weekend, get married and leave the country immediately, the next day, and then file for the CR-1. He stays in the Netherlands until the visa is approved. I asked if that was fraud as he'd be coming here under a visitor visa and we get married while he's here for weekend. Lawyer told me it would be fraud if he stayed and did an AOS but not if he leaves immediately and follows CR-1 process. So that's what we did. Crossing fingers.

If your lawyer had told you that USCIS can not deny the AOS based on the preconceived intent to immigrate alone as long as your husband did not lie to enter the US, the US government has the burden of proof and practically no spouse of a USC is denied based solely on preconceived intent, would you have done things differently?

[mtempelaar 190]

Aaron - When we got engaged my husband had been here for 3 months without intent to marry during that trip. We got engaged a week before his departure. The lawyer told us that if we married before his return flight he could stay and do an AOS as marriage was not the original intent of his visa. We did not do so (lack of time during holiday week) and instead he came back 4 months later for a long weekend. Had immigration upon his return here asked him what the purpose of his visit was and he did not say "to get married" he would have lied to immigration and while the government may have burden of proof it's subjective and lying to the government would have made it fraud. Thankfully he has global entry so they didn't ask. I have not been willing to take any risks whatsoever in this process and I would not have done anything differently. Besides, an AOS would have had some ramifications that we discussed and decided to not do. Financial, travel, work would have all been impacted. Each couple getting engaged needs to weigh the pros and cons of the options (AOS, K-1 or CR-1), which is what we did.

[aaron2020 11,651]

Since CBP did not ask, then he is not lying by not volunteering his intent.

Thank you for your answer.

[Boiler 45,497]

Marrying is not a issue anyway.