Can deserters of foreign countries adjust status based on marriage with a US citizen?

[Vader2000 0]

On 7/15/2023 at 4:07 PM, SteveInBostonI130 said:

 

Marriage isn't the fraud.  Fraud is entering the US on a non-immigrant or dual intent visa (like a K1 or certain work visas) to adjusting status.

We are not intending to enter the US this way. If we decide to adjust status it would be the consular way or whatever the right way is. Thanks for the answer!

[Vader2000 0]

On 7/15/2023 at 2:13 PM, Crazy Cat said:

Entering the US as a visitor with the intent to stay and adjust status is illegal, and it is visa fraud.  Misuse of a visa.  Misrepresentation...

What did you mean by "deserted"... as in military???

But that's not what we're trying to do. I am not trying to get him in the US with a visa or anything like that.  My question is a general one, regarding Adjustment of Status after marriage and whether his situation can be an impediment to obtaining said status, in which case, we will get married, stay in Europe and not bother to apply for anything and waste money. Thanks for the reply!

[Vader2000 0]

On 7/15/2023 at 4:22 PM, SteveInBostonI130 said:

 

 

You keep dodging the questions about your husband being a "deserter".  This information is needed for us to provide informed responses.

I am sure you would have dodged a lot of questions too, if you were in my situation. I don't really feel safe posting online about such things. I have formed a general idea after reading all the replies. Thanks for the replies and peace to all of you! 

[Ontarkie 14,217]

I would like to explain you are confusing the process. Adjusting status is what you do inside the US. Which is why members are saying it is fraud to enter with that intent. 

 

What you want to do and want to ask is how to petition him for a visa either the K1 fiancé or a CR1 spouse in his situation. 

 

I'm sorry I can't help with it more. But I wanted to clear things up so when you are ready to ask more questions  no one will be confused. 

Edited July 23, 2023 by Ontarkie

[SalishSea 17,801]

On 7/15/2023 at 3:08 AM, Vader2000 said:

Maybe I am missing something but what makes a real marriage between two people a visa fraud?  I understand that his situation makes the adjustment of status complicated or nearly impossible, but fraud?

The fraud is entering the US with the intent to adjust status.  He needs a valid visa intended for the purpose of immigrating through marriage to a USC, which would be CR-1 or K-1.

[SalishSea 17,801]

On 7/22/2023 at 11:02 PM, Vader2000 said:

But that's not what we're trying to do. I am not trying to get him in the US with a visa or anything like that.  My question is a general one, regarding Adjustment of Status after marriage and whether his situation can be an impediment to obtaining said status, in which case, we will get married, stay in Europe and not bother to apply for anything and waste money. Thanks for the reply!

I think you lack understanding of basic immigration terms.  There is no way around the requirement for him to have a valid CR-1 or K-1 visa if you wish to bring him to the US to live and work legally.