SO frustrated!!

[Forever123 4]

Okay, I've posted a bit since I've joined, maybe its to vent, but regardless, so thankful to have somewhere to post.

As mentioned in my other posts my fiance and I have been looking for the right visa to apply for.

Of course I had no idea the CR-1 existed so that didn't even come into mind but now it does.

Why do so many lawyers and people who charge to do the visa paper work keep telling me to just get him here in a tourist visa, marry him, then apply for residency? Isn't that ILLEGAL?!!

The of course I tell them that my divorce was finalized just about a year ago- they say that that makes me look like a cheater and "bad person" to immigration.

They also keep telling me that we have had to be together two years.

Maybe I wouldn't be frustrated if it was one person. But I've literally talked to 7 people and all have said the same exact things.

Sincerely,

girl who's head is about to explode with stress.

[NikLR 13,227]

Sounds like you're talking to cheap lawyers?

It is illegal to have the intent to immigrate on a tourist visa but the USCIS is the one who has to prove you have intent. However, lying to the CBP is a hugely bad idea.

The 2 years thing is just silly.

[Ryan H 3,812]

Ignore those lawyers, they don't know what they are talking about.

[I&G 2]

It is illegal to have the intent to immigrate on a tourist visa but the USCIS is the one who has to prove you have intent. However, lying to the CBP is a hugely bad idea.

How can the CBP or whomever prove you are lying when perhaps all you in fact did was change your mind during your visit?

This to me is grey territory, what if you arrive for an extended trip with your non-citizen spouse/fiancee to travel the US for 3 to 6 months on a tourist visa.. In the middle of this trip you think wow I love this place, lets get the ball rolling with the green card from here.

There is a lot of talk on this forum on how its illegal to arrive on the tourist visa and then adjust status but not much concrete evidence to back it up.

Nor does the USCIS make it very clear that it is illegal - in fact they are super vague and you can get the impression from them that its not fraud!

Check out this 'official document' about how US citizens can get their spouses a Green Card: http://www.uscis.gov/sites/default/files/USCIS/Resources/A1en.pdf

"If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition."

From this guide alone you can be forgiven for thinking I am just going to arrive on a tourist visa and then apply from within the US for the GC - this is in fact legal entry to the USA! I thought this was legal and wanted to do this until I ran across a bunch of VJ posts warning against it.

Now apparently this method is Fraud, but the USCIS document does not explicitly state it is illegal in this document - i.e. in this guide they do not warn you that if your intent is to adjust status via a tourist visa, that this is fraud. Obviously they should do a better job of that so we would not have so much confusion for honest people who are not trying to break the law being treated as if they were.

Edited January 24, 2015 by I&G

[Ryan H 3,812]

How can the CBP or whomever prove you are lying when perhaps all you in fact did was change your mind during your visit?

You seem to have missed the point of the poster you were replying to. The poster specifically inferred preconceived intent to use a tourist visa or the VWP to immigrate is illegal, not changing ones mind (which can and does happen). How the government goes about proving material misrepresentation when suspected is not something I'm going to speculate on.

**Moderator hat on**

***Per the below quoted provision of the TOS, there will be no further discussion of using a tourist visa or the VWP as an avenue for immigration in this thread. Administrative Action will be applied if this warning is ignored.***

By way of example, and not as a limitation, you agree that when using the Service, you will not:

• Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Edited January 24, 2015 by Ryan H

[I&G 2]

Apologies,

I think there is some misunderstanding on your part as well, just putting a hypothetical situation out there to demonstrate how confusing this all is and how, as the original poster stated, is really really 'FRUSTRATING'

It is not very clear for some people what is legal or not and barring discussion of certain topics does not help the members of the forum best understand how they can legally go through the process. I understand you are doing your job as moderator though.

No one is looking for illegal ways to do things, they want to clearly understand what is legal. USCIS documentation, some lawyers, do not always do a good job unfortunately.

Many thanks

[sma1488 155]

When entering the US on a tourist visa, there are at least three points during the process where you are asked about the purpose of your visit and intended length of stay: the DS-160, the consular/embassy interview, and entry into the US. Misrepresenting your true intentions, whether by actively lying or withholding information, is illegal and can earn you a lifetime ban. Anyone who refuses to see the illegality of this is simply trying to convince themselves that what they're doing is OK, when it is in fact not.

The "grey area" emerges because people enter the US on non-immigrant visas (including but not limited to tourist visas) and later decide to stay. The problem of misrepresentation discussed above is not present in this situation. The reason not everyone who lies gets caught is because USCIS does not have the manpower, resources or interest needed to pursue all cases of misrepresentation. This fact does NOT make it legal or even morally acceptable.

[Boiler 45,557]

You have to have met in the last 2 years.

[I&G 2]

Lying is definitely not the way to go, but what happens if you arrive at the border with your non-citizen spouse/fiancée on a tourist visa and tell them 'we're here to stay'?

What happens then? Do they say sorry, you gotta go back?

Is there anywhere on the internet where we can see the official stance on this, or is this the type of things that is up to the discretion of the officials at the POE?

There is no lying involved here, but perhaps foolishness.

Thanks

[Boiler 45,557]

I remember a lady posting here some years back who had done that, husband was in the Military and they let her in.

Think she also had a small child in tow. I am sure the Military connection was relevant.

Anyway your scenario is that you present yourself for admission as a tourist with a tourist visa or waiver and then say you will be staying.

You could expect to be on the next plane home.

[Forever123 4]

Thanks to all who replied. If I met him while I was still married, will that be an issue for the K1? In one month it will be a year since I officially got divorced but we met in 2 years ago in may and officially became a couple in august (2013). We keep putting the K1 off since we don't want immigration to think I am a "bad person" as a previous attorney said to me.

Edited February 28, 2015 by PBM

[NikLR 13,227]

We you separated? Many people get divorced and remarried in a short period of time because they were separated from their spouses but didnt want to pay for a divorce until suddenly they want to remarry.

There may be questions asked at interview that your fiancé will need to be able to answer about your previous divorce and/or relationship timeline.

Edited February 28, 2015 by NLR

[Forever123 4]

We you separated? Many people get divorced and remarried in a short period of time because they were separated from their spouses but didnt want to pay for a divorce until suddenly they want to remarry.

There may be questions asked at interview that your fiancé will need to be able to answer about your previous divorce and/or relationship timeline.

hmmm.. I'm not sure I understand your question but I will do my best to answer.

We divorced because well for personal reasons that I will not elaborate on, and also for some of my ex husbands issues with the law, that I just wasn't going to be a part of. Not to mention, I had to pay a lawyer for a divorce on my own, and at the time I had to save enough money for it and that took a while. I didn't think I would go through this process, so being in "that" big of a rush wasn't such a priority for me.

Those questions could be easily answered since he knows all of the details of my previous marriage, so in that case, I guess I shouldn't be worried

[NikLR 13,227]

Separated, as in not living together. Were you cheating or were you separated? Cheating is a red flag, separated with "saving money to get divorced" is plausible. Either way (I dont care which it was personally so you don't have to share) all that info will ve needed by the beneficiary by interview because the CO may ask about it.

[Forever123 4]

It is noted in my divorce that we were separated since Aug.