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Is it 'immigration fraud' for my boyfriend to come over and marry while on his visitor's visa?

Seattle, WA |

We have lived together and had a bonafide relationship for a few years, so our relationship is real. We just want the easiest method since the nearest embassy for permanent residency permits (this applies) is in another country.

Attorney Answers 5


  1. Entering the US on a visitor visa with the intent to marry and remain here is a violation of the terms of the visa. And you don't want to lie at the port of entry about the intended purpose of the trip. The proper avenue is likely a fiance visa. Do it the correct way and although more time consuming and full of hassle, you'll be much better off.


  2. Intent is relevant in Immigration Law. Do it the right way from the start. If you need assistance, email Russell@CtLawyer.WS.


  3. Yes, it is fraud ... or, at the very least, a material misrepresentation .... to enter the US as a tourist with the intent of marriage and immigrating to the US.

    Do it the 'right way' ... not what you think is the 'easy' way.

    Consult with an immigration lawyer. Many of us, myself included, have multi-party Skype.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. That will depend upon intent at the time of entry. People can come over as visitors and marry and not have an issue with intent, if they truly plan to marry, visit, and depart the US. If the intention at the time of entry is to remain in the US, a visitor visa is not appropriate. Please let me know if I can be of further assistance.


  5. No. As long as the marriage and relationship is bona fide and you can prove it you can get married and if you are a USC or LPR, sponsor him for greencard.

    Hire a lawyer to protect your legal rights.

    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com
    www.EstrellaLawyer.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com

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