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Would it be considered fraud if a person enters on a visitor visa and gets married to a citizen?
Everett, WA
Viewed 1260 times.
Posted about 1 year ago in Immigration
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I-129 vs. I-130:
I met a woman from the Filippines online. About a month prior to us meeting, she received a vistors visa to come to the states. She will be arriving on July 14, and stated she will be here till September. I would now like to marry her, which would not take place untill August which is when I have vacation time. My question is this, it states on the USCIS web page that I can, as long as she is here legally, and file an I-130 form. Would it be consindered fraud, since now she plans on marrying me, and had no intentions at the time of marrying anyone when she got her visitors visa. and she will be visiting all her friends in a different state which she intended to all along. Or should we change to a I-129, do we have enough time to change the visa since she already has a plane ticket? And lastly can she stay with me while the I-130 is being processed, and do we file the I-485 at the same time?
Thank you Answers (6)Stuart Jonas Reich
This attorney is licensed in New York and 2 other states.
Posted about 1 year ago.
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I strongly recommend consulting a qualified immigration lawyer about applying for a fiance visa.
Based on these facts, she may not have committed fraud when applying at the consulate for the visitor visa (though it might be tough to convince USCIS of this later if you get married soon after she enters) - but she would still be committing fraud when using the visitor visa to enter the U.S. on July 14 if her intent isn't purely to visit and then return home, but really to marry you and stay here. The B-1/B-2 visitor visa requires "nonimmigrant intent" - the intent to come to the U.S. only temporarily for a visit, then return home. If the intent is for her to enter the U.S. to marry a citizen and then remain here, she doesn't have the required nonimmigrant intent and the proper visa is the K-1 fiance visa (the I-129F is just one of the forms used to apply for the K-1). There likely is NOT enough time for this before the trip currently planned - it would take several months to process. You should also know that if someone enters on a visitor visa and then gets married to a citizen within certain period of time after entry, there are varying levels of legal presumptions that they committed fraud in entering on the visitor visa - all the more reason to consult with an immigration attorney, since a finding of fraud amounts to a permanent bar to someone being able to enter the U.S. David Dene Murray
This attorney is licensed in California.
Posted about 1 year ago.
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Visa fraud is always an issue, however, as a matter of policy, USCIS normally does not raise the issue if the marriage occurs 60 or more days after the alien't entry on a B-2 visitor visa. In these times of tightening security and immigration scrutiny, there is no way to tell if this policy will change. The safest way is to follow the law.
Larry R Fleurantin
This attorney is licensed in Florida.
Posted 11 months ago.
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In determining fraud, the issue is always whether your intent is to marry your spouse for the sole purposes of receiving immigration benefits. If you can show that the marriage is for love and you have the bona fides to prove it, then you can easily overcome the presumption of fraud, which is normally attached when you get married while in immigration proceeedings. If she enteres legally, then you can submit the package including the I-485 and I-130. The best way to handle your situation is to consult an immigration attorney to help you navigate complex immigration laws.
Marija
Posted 9 months ago.
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I don’t know if this would help you, I am not a lawyer but this was my situation. I met my husband online too, but he start talking to me first, and we was just friends, than he came to visit my country that is in Europe and I came back with him to spend time with him in USA so we see how we go together and we end up getting married, and I entered US with B Visa but I did not had any intension to be married, he just proposed when I had my birthday here. We found a lawyer and she direct us and we had no problem, I got my permanent resident, if you are serious always good to have a lawyer. Most people that make fraud marriage, I don’t think they be ready to waist there money for a lawyer my opinion. It is not cheap but if you be really in love it is worth every penny.
drdisc_2006
Posted 6 months ago.
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You are playing with fire. The intent is in place when she enters the USA. She may be asked, probably will be asked, the reason for her entry. If she says that she is only a tourist she just committed FRAUD as she witheld the material fact that she will enter into marraige while on a tourist VISA. She could be turned back at the USA entry point and asked to return to her honme country.
Do not attempt your strategy without a strong Immigration attorney. You could get yourself in trouble and she could get blacklisted by Immigration. HIRE AN ATTORNEY Ayodele Mayowa Ojo
This attorney is licensed in Minnesota.
Posted 4 months ago.
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Marrying U.S Citizen after entry as a visitor is not and will not be considered as a fraud on its own. The issue is whether or not the marraige was entered into for the sole purpose of circumventing the immigration laws. Each case is determined on its merits and circumstances surrounding it. You may get married and your wife may go back to her country on or before the exipration of her B visa and process immigrant visa from her country after approval of a family petition. You may also marry her and establish a life together here and petition for her in the U.S. The burden is always on you to show that your marriage is really for love and with the intention to share life together, not just for immigration benefits. Most people that adjusted status come to the US as visitors anyway . Rushing in to file petition immidiately after the marriage will certain raise an eyebrow, and rushing to get marry immidiately after entry is also suspicious. Most people dont know that a marriage to a USC will wipe away the period of illegal stay if you come into the country inspected.ie with proper visa, contrary to running accross the border. So if your marriage is not just for the purpose of obtaining immigartion benefits, all what the Service is asking youto do is to demonstrate that it is not.. normal people dont just get marry after one month of coming to a foreing country. Are your family and friends involved, do you live together, own properties together, are you willing to go and live with your wife outside US if it comes to that?. The burden is on you. but marrying USC when you are still visitor is not a fraud per se. What makes it a fraud or not is more complex than that.
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