Unintentional Fraud

[jburge97 0]

Hi everyone,

Strangely, this never occured to me until I read another post here a couple of days ago. Therefore, my possible fraud was very unintentional. Not that this makes it any better. I came here on a F1 visa 3 1/2 years ago to go to grad school, although I already knew my now husband (USC) at that point. I went to school and graduated in February 2006, and in August 2006 my husband surprisingly proposed. We got married at the end of September and filed for AOS. So far so good. However, in August, after getting engaged, we also took a trip to Europe together. We came back, and I entered on my F1 visa as I always have done, without giving it any thought. Was this fraudulent, since I knew we were getting married about a month later? If so, is it forgivable? Darn, I feel like I messed up now! Any advise or opinions appreciated - thanks in advance!

Edited January 31, 2007 by jburge97

[Boiler 45,525]

Were you still attending school?

Sounds like you need a lawyer.

[Kez/JWolf 6]

What questions were you asked on your last entry??? and what answers did you give???

Kez

[jburge97 0]

Were you still attending school?

Sounds like you need a lawyer.

I was here doing the 1 year Optional Practical Training that is available to F1 students after they graduate.

Ups, noticed the silly typo in my heading just now, but I'm not able to edit it.

[Kez/JWolf 6]

If you were doing OPT then your F1 is still valid and you have not commited any fraud.... if you are still worried then have a chat with an immigration lawyer...

Kez

[jburge97 0]

What questions were you asked on your last entry??? and what answers did you give???

Kez

I think they asked me why I was here, and I answered that I was coming back from vacation and that I was continuing my OPT, which I was, since this was valid until the end of January. I feel so silly for not thinking about this before, but at the time I had no idea that I might have been doing something wrong. Thanks for your pertinent questions (knowing all the details myself, it's hard to present it completely clearly to others, I realize) and your help!

Edited January 31, 2007 by jburge97

[jburge97 0]

If you were doing OPT then your F1 is still valid and you have not commited any fraud.... if you are still worried then have a chat with an immigration lawyer...

Kez

Yes, I did continue my OPT after I returned. What you write is a tremendous relief. Thanks again!

[Boiler 45,525]

If you were doing OPT then your F1 is still valid and you have not commited any fraud.... if you are still worried then have a chat with an immigration lawyer...

Kez

She entered on a non Immigrant visa with what appears immigrant intent. She also did not disclose that when asked.

Now come Adjustment she may be lucky and they let it slide, but I would want a Lawyer holding my hand, could get interesting.

[jburge97 0]

If you were doing OPT then your F1 is still valid and you have not commited any fraud.... if you are still worried then have a chat with an immigration lawyer...

Kez

She entered on a non Immigrant visa with what appears immigrant intent. She also did not disclose that when asked.

Now come Adjustment she may be lucky and they let it slide, but I would want a Lawyer holding my hand, could get interesting.

It kind of makes sense now what you are saying. Unfortunately, at the time I did not know anything about the permanent residency process, as I had only been engaged for about ten days, and the proposal was a surprise to me. I knew that I could somehow apply for a greencard after I was married, but it didn't occur to me that I violated the terms of my visa when I came back from my trip to Europe in August. I thought that as long as my intent was to study, not to immigrate, when the F1 visa was issued back in 2004 I was fine. Therefore, I automatically answered what I always had answered ("I was a student, I graduated and now I'm doing OPT") at the POE. I realize now that I unintentionally withheld information. Since this was based on ignorance, do you think it is forgivable, or can I pretty much kiss my AOS application goodbye? Any other advise?

[Yodrak 7]

jburger,

I would take Boiler's advice - have a consultation with an attorney and perhaps hire them to hold your hand. As Boiler wrote, the questioning could get interesting. If it does, haven't you already demonstrated to yourself that you don't have enough knowledge to answer appropriately?

I would want to be assisted by someone who could stop me from putting my foot in my mouth a second time.

Yodrak

If you were doing OPT then your F1 is still valid and you have not commited any fraud.... if you are still worried then have a chat with an immigration lawyer...

Kez

She entered on a non Immigrant visa with what appears immigrant intent. She also did not disclose that when asked.

Now come Adjustment she may be lucky and they let it slide, but I would want a Lawyer holding my hand, could get interesting.

It kind of makes sense now what you are saying. Unfortunately, at the time I did not know anything about the permanent residency process, as I had only been engaged for about ten days, and the proposal was a surprise to me. I knew that I could somehow apply for a greencard after I was married, but it didn't occur to me that I violated the terms of my visa when I came back from my trip to Europe in August. I thought that as long as my intent was to study, not to immigrate, when the F1 visa was issued back in 2004 I was fine. Therefore, I automatically answered what I always had answered ("I was a student, I graduated and now I'm doing OPT") at the POE. I realize now that I unintentionally withheld information. Since this was based on ignorance, do you think it is forgivable, or can I pretty much kiss my AOS application goodbye? Any other advise?

[Emo 0]

Hi everyone,

Strangely, this never occured to me until I read another post here a couple of days ago. Therefore, my possible fraud was very unintentional. Not that this makes it any better. I came here on a F1 visa 3 1/2 years ago to go to grad school, although I already knew my now husband (USC) at that point. I went to school and graduated in February 2006, and in August 2006 my husband surprisingly . We got married at the end of September and filed for AOS. So far so good. However, in August, after getting engaged, we also took a together. We came back, and I entered on my F1 visa as I always have done, without giving it any thought. Was this fraudulent, since I knew we were getting married about a month later? If so, is it forgivable? Darn, I feel like I messed up now! Any advise or opinions appreciated - thanks in advance!

he didn't proposed after the trip to Europe? think again;)

[doodlebug 3]

Hi everyone,

Strangely, this never occured to me until I read another post here a couple of days ago. Therefore, my possible fraud was very unintentional. Not that this makes it any better. I came here on a F1 visa 3 1/2 years ago to go to grad school, although I already knew my now husband (USC) at that point. I went to school and graduated in February 2006, and in August 2006 my husband surprisingly . We got married at the end of September and filed for AOS. So far so good. However, in August, after getting engaged, we also took a together. We came back, and I entered on my F1 visa as I always have done, without giving it any thought. Was this fraudulent, since I knew we were getting married about a month later? If so, is it forgivable? Darn, I feel like I messed up now! Any advise or opinions appreciated - thanks in advance!

he didn't proposed after the trip to Europe? think again;)

[Captain Ewok 1,891]

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