Visa Fraud

[dbzman 0]

Hello everyone!

I just read a very disturbing article today in the local paper. It discussed a family where the man and wife were married in Japan and then she traveled to America on a Fiancé visa. When they tried to get a permanent residency she was denied because they said she had committed fraud by coming to America on a Fiancé visa when she was already married.

My question is this:

My wife and I married in Japan this April and we have filed our I-130 just last week. She plans on traveling to visit me in June for about 70 days on a visitor’s visa. She is not entering to immigrate but to just visit. She has a return ticket and does not plan on staying.

Is this a problem? Since she will not stay in America can they say that she is committing fraud? Since the US government is so warped I am unsure.

Thanks for you opinion and help!

[greeneclipse 0]

why would it be fraud?

like you said, she's coming on a tourist/visitor visa, and not a fiance visa.

I think many people have done this...shouldn't be a problem.

[Ta Ta 1]

No , it is not fraud if you apply for a tourist visa but give honest answers

on the forms that ask for the reason of the visit as this comes up later.

She may not get the tourist visa because of the current petition but

it is not fraud.

[Stabu 0]

My wife and I married in Japan this April and we have filed our I-130 just last week. She plans on traveling to visit me in June for about 70 days on a visitor’s visa. She is not entering to immigrate but to just visit. She has a return ticket and does not plan on staying.

Is this a problem? Since she will not stay in America can they say that she is committing fraud? Since the US government is so warped I am unsure.

I'm traveling to the US to spend 34 days with my wife in June. There should be no problem to enter the US as such, since most people who have tried it, have succeeded without any problems. I also asked the consulate (in Finland) about this twice and they said it's okay. I'm traveling under the VWP btw.

However, sometimes visitors to the US get denided on basis of "immigration intent" or equal. What I suggest is that your wife will get as many as she can of the following documents: rental agreements (if applicaple), current studying information (if applicaple), current working information (if applicaple), bank statements and bank account traffic, other contracts that legaly bind your wife in Japan (like credit card contracts, internet connection contracts etc.). The idea is to show that she has strong ties to her home country. As she travels in June, she still has some time to obtain these files, so i recommend that she will try to find as many of them as possible.

Most likely, none of these will be necessary. Most likely the POE officer will just ask the normal questions, but sometimes they may start to grill the visitor, especially after filing a I-130 and even more so after being approved (and thus belonging within the realm of NVC). You have not committed any fraud but the POE officers may think that she is trying to immigrate to the US without going thru immigration procedures - even if this isn't the case - and thus deny entry. It's a bit of a gamble too, but the chances are largely on your side, especially since your wife comes from a so called Western Country, and even more so if you obtain as many of the documents above that i suggested. I hope this helps ! Good luck !

[doc_cute 0]

Hello everyone!

I just read a very disturbing article today in the local paper. It discussed a family where the man and wife were married in Japan and then she traveled to America on a Fiancé visa. When they tried to get a permanent residency she was denied because they said she had committed fraud by coming to America on a Fiancé visa when she was already married.

My question is this:

My wife and I married in Japan this April and we have filed our I-130 just last week. She plans on traveling to visit me in June for about 70 days on a visitor’s visa. She is not entering to immigrate but to just visit. She has a return ticket and does not plan on staying.

Is this a problem? Since she will not stay in America can they say that she is committing fraud? Since the US government is so warped I am unsure.

Thanks for you opinion and help!

its not at all a fraud she can go ahead on tourist visa , but make sure at any cost she goes back on time

Mala

[karlehoney 0]

it wouldn't be afraud, since she has tourist visa on hand. goodluck!!!

Edited May 29, 2007 by karlehoney

[homesick_american 1]

Hello everyone!

I just read a very disturbing article today in the local paper. It discussed a family where the man and wife were married in Japan and then she traveled to America on a Fiancé visa. When they tried to get a permanent residency she was denied because they said she had committed fraud by coming to America on a Fiancé visa when she was already married.

My question is this:

My wife and I married in Japan this April and we have filed our I-130 just last week. She plans on traveling to visit me in June for about 70 days on a visitor’s visa. She is not entering to immigrate but to just visit. She has a return ticket and does not plan on staying.

Is this a problem? Since she will not stay in America can they say that she is committing fraud? Since the US government is so warped I am unsure.

Thanks for you opinion and help!

In the case you're talking about, the US government isn't warped. The couple applied for the K-1 but when it became apparent to them that it would not be issued in time for the expensive wedding that they had already planned in Hawaii, they went to the United States anyway and got married when the wife was on a tourist visa. They returned to Japan (they were both living there at the time), and after the K-1 was issued the wife...the immigrant...entered the United States using the K-1.

So basically they are in the situation they are in because they were stupid. End of.

It is nowhere near relevant to your situation. Your wife may not be able to visit you in the United States if she can't persuade immigration officials of her intention to return to Japan, but if she is denied entry it should not affect her ability to get the CR1 visa.

In other words, stop worrying.

[dbzman 0]

I want to thank everyone for there help. It is greatly appreciated.

I want to ask one question for clarification:

How would they know that we have an I-130 in process unless we tell them? It is my understanding that they only ask a few questions since they are so busy. I would under no circumstance advocate lying to an official but if all she says is that she is visiting for holiday why worry?

I will make sure that she has as much information about her permanent residence in Japan as well as a return ticket before she arrives.

Thanks!

[LadyJane 1]

There's a repository for folks who have come over to visit while waiting for their green card. The key is to make sure you have plenty of documentation that your spouse has ties abroad, and do not lie to the POE.

Good luck, and enjoy your visit.

http://www.visajourney.com/forums/index.ph...mp;#entry222834

[Stabu 0]

How would they know that we have an I-130 in process unless we tell them? It is my understanding that they only ask a few questions since they are so busy.

As far as I've understood, they have no way knowing if you have filed a I-130 or not. Only after your I-130 has been approved they will know about it. Then the file will be within NVC and POE officials have an access to those. Prior to the I-130 being approved you technically haven't even filed for a visa, you have just filed a document that will give you the chance to file for a visa.

They sometimes ask only a few questions, but the last time I was in the US (in December 2006) and being married to an American, they asked a couple of more questions, like if we have filed (which we hadn't done then) and they where more interrested about my visit than they've been previously. Still, it was fairly easy.

Even if your wife is denided entrance (which is very very unlikely) it shouldn't affect your CR-1/IR-1 visa, but the visa process may be delayed a couple of months because of it.

[rjm65 0]

I want to thank everyone for there help. It is greatly appreciated.

I want to ask one question for clarification:

How would they know that we have an I-130 in process unless we tell them? It is my understanding that they only ask a few questions since they are so busy. I would under no circumstance advocate lying to an official but if all she says is that she is visiting for holiday why worry?

I will make sure that she has as much information about her permanent residence in Japan as well as a return ticket before she arrives.

Thanks!

It's kind of a Catch 22. You can enter on a tourist Visa if you have no intent of immigrating to the US, i.e., you will return home after your visit. If you are married to a US citizen AND have an I-130 in process, then the intent to immigrate is there. This creates a greater burden of proof for the person entering on a tourist visa, you must have plenty of documentation showing intent to return, and also proof that you don't plan on circumnavigating the immigration process by trying to AOS once in the US. It's really up to the officer at the POE to decide if they believe you will return home after the visit.

It is perfectly legal for a spouse of a US citizen to visit the US, with or without an I-130 on file, if they can prove they will return to their home country within the time limitations granted to them via their tourist visa.