Visa Fraud issue re Visitor’s visa and Marriage September 10, 2006Posted by dsheen88 in Fraud Alert!, Immigration by Marriage, MyComments, Tips.
Lately, I have came across comments about poeple telling others that it is ”faster” to bring your spouse or fiancee over on a “B-visa” and the then file for P.R. or adjustment of status application in U.S. This is in fact very misleading and risky. Here is a comment that I posted on another forum (with slight modifications) to clear up this issue.
If you came into U.S. with a visitor’s visa…and gets married and file for your P.R. (adjusment of status application) in less than 60 days…you have to beware of “visa fraud” issue. The CIS officer will likely to raise the issue whether you came into this country with the “preconceived intent” to get married. In other words, you have used improper visa to gain entry into U.S. because B-1 or B-2 are non-immigrant visa. That is the reason why some cases could take up “8 year” to adjudicate or even facing denial of their application at the end. It is a separate issue from proving your marriage relationship is real (bona fide) or not. Therefore, it does not matter “how long or how well you have known your spouse.” It is best to consult with an experienced immigration lawyer before you take any action base on misleading “advise” from others. Each case is unique, you simply can’t assume everyone will be as lucky. Murphy’s law…always anticipate the worst that could ahppen and have back up plans.
I hope this will clear things up a bit!