Visa Fraud for getting married within 2 months of arrival

[wieder 0]

I arrived here on December 2004 with a Tourist Visa, returned to Mexico on January 2005 to get married with a USC and then came back on February 2005 (same I-94). Last week and after 2 years of married and one kid, we sent an AOS. while reading an immigration book, I found out that if you use a visitor visa to get married and applied of an AOS can cause you problems. Does anyone knows about my case?

Thanks

[Kez/JWolf 6]

It is one thing to get married on the spur of the moment while here on a tourist visa.... but you made a big mistake in leaving before you had a Greencard....

When you last entered did you tell the CBP officer that you were married and living in the US?....

If not what did you tell him???

You need to consult with a good immigration lawyer about your case as your last entry could be seen as visa fraud and you could end up getting banned from the USA...

What you should have done was file for K3 visa from mexico when you got married... if you had done that you would have got that and come legaly into the US and by now you would have got your Greencard....

Kez

Edited February 7, 2007 by Niagaenola

[wieder 0]

what happend was that I visited my girlfriend in the U. S. on December 2004. (never leave my I-94) my girlfriend went to mexico on January 2005 and we got married. then I returned from Mexico to the U. S. on February using the same I-94 and stayed here till now. Never applied for an AOS before till last week.

[Kez/JWolf 6]

Then as I said you need to go talk to a good immigration lawyer.... you may have to leave the US and then file for a K3 visa and a wavier to get around your overstay....

You stand a very high chance of getting denied at AOS interview because you entered on a visa that was for a tourist not for the spouse of a USC who wants to immigrate here...

Kez

[john_and_marlene 162]

So your marriage certificate in Mexico is dated after your I-94 for entering the U.S.? You will have problems. You should consult with an immigration attorney immediately.

Why did you not get a new I-94 on your last entry? Did you fail to turn over your previous I-94 when you went back to Mexico? Did you enter the U.S. the last time without inspection?

[raymaga 25]

From what I can gather, you have been in the U.S. illegally. You needed a visa in order to be able to move to the U.S. after your marriage in Mexico to your U.S. citizen spouse.

If you would have come to the U.S. to visit your girlfriend, without intending to marry her and stay in the U.S., but then decided to marry at the spur of the moment, and then you stayed in the U.S. and applied for AOS, you would have been alright.

The problem is that you got married in Mexico and then returned to the U.S. to live with your wife, without a visa.

You definitely need to contact a good immigration lawyer to find out what you need to do now.

How have you been able to work since coming to the U.S.?

[Sabrina_mei 0]

I don't know how it works for Mexico, but from Canada, if you enter with a B2 visa by land, they may give you a I-94 that sometimes is marked as multiples entries. The immigration officers encourage you not to return it if you are going to come back to the US before the 6 months expiration date, in order to avoid waits that can be of one hour or more in some of the POE. It is also a common practice as some people cross the border daily, therefore it would be complicated for them to give an I-94 every time that they cross. Sometimes it is not marked as multiples, but they still tell you to keep it and return it back before the expiration date. Even if you keep it after the expiration date, you can mail it to PO box if you are able to furnish other proof of your return to Canada.

Maybe this is the same case in Mexico.

I agree that the OP should consut a lawyer...

[Boiler 45,730]

The OP has not actually provided enough information to comment as to whether he would have a problem Adjusting.

Many spouse enter the US with non immigrant intent and then for one reasons or another decide to stay and adjust without issue.

[Kez/JWolf 6]

Yes I agree.... me being one of them... BUT the OP came to the US on vaccation and then left... got married in Mexico and then returned to the US on a tourist visa... and is now trying to do AOS...

If he had not left and got married outside the US then there would not be this issue.... it would be the same for a USC flying to the UK getting married and then his wife flying to the US on a tourist visa with the intent to remain..... that is visa fraud...

Kez

[seldi 1]

and why did you wait for 2 years to apply for AOS?

[Killer_Clown_2009 0]

I have heard of people who were married when they entered the US (as a tourist) and successfully adjusted, but I am sure each situation is different. I see others are thinking that you'll probably get denied or have major issues and maybe they have more experience with this situation than I do.

You probably won't find an answer here that will reassure you and/or any advice on what to do, seeing as you have a unique situation, so you really, really should consult with a lawyer.

[seldi 1]

I have heard of people who were married when they entered the US (as a tourist) and successfully adjusted, but I am sure each situation is different. I see others are thinking that you'll probably get denied or have major issues and maybe they have more experience with this situation than I do.

You probably won't find an answer here that will reassure you and/or any advice on what to do, seeing as you have a unique situation, so you really, really should consult with a lawyer.

or you wont find an answer here because most of us did it the LEGAL way and waited 50643 years for a k visa, then filed for AOS...

[DelcoCouple 1]

.....or you wont find an answer here because most of us did it the LEGAL way and waited 50643 years for a k visa, then filed for AOS...

Oh please get off your high horse, there is nothing inheritently illegal in getting married and adjusting status other ways than by a K visa This myth is perpetuated on VJ time after time.

[Kez/JWolf 6]

I have heard of people who were married when they entered the US (as a tourist) and successfully adjusted, but I am sure each situation is different. I see others are thinking that you'll probably get denied or have major issues and maybe they have more experience with this situation than I do.

You probably won't find an answer here that will reassure you and/or any advice on what to do, seeing as you have a unique situation, so you really, really should consult with a lawyer.

or you wont find an answer here because most of us did it the LEGAL way and waited 50643 years for a k visa, then filed for AOS...

There are many LEGAL ways of doing AOS a K visa is only one way.....

Kez

[Killer_Clown_2009 0]

Well they think 4 months is equal to several lifetimes, what can you expect.