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  1. #1
    Join Date
    Apr 2009
    Posts
    11

    Default Is it Visa Fraud to Seek Adjustment of Status After Entering on a Tourist Visa

    (Names have been changed)

    Scenario: Angela is a US Citizen. She traveled to Mexico to do mission work and fell in love with Leonardo and married him in Mexico. Leonardo and Angela continued to reside in Mexico after being married in 2006. (Leonardo has a tourist visa to come to the USA and has visited the USA, but always resided in Mexico. Never overstayed his visits to the USA).

    Angela and Leonardo decided to come back and live in the USA. Since Leonardo's visa is still current, he was able to come in the USA legally, and his i-94 currently has the expiration date of December, 2009. Upon their arrival to the USA, Angela went ahead and petitioned for Leonardo, by filing the i-130/i-485/i-765 simulateously.

    My question is this: Is Leonardo going to have any problems in his interview here in the USA? It's not like he came to the USA to commit visa fraud and marry a USC. He was already married to her 3 years prior to him coming to the USA.

    Thanks!
    MC

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Would This Be Considered Visa Fraud If

    Maybe. He'll have to wait and see what happens.

  3. #3
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Is it Visa Fraud to Seek Adjustment of Status After Entering on a Tourist Visa

    "Angela and Leonardo decided to come back and live in the USA".....This pretty much makes it clear that the expressed intent in coming to the US was to reside in the US permanently. Since there is a process to obtain a VISA for a spouse if the intent is to reside in the US, and he entered using a tourist VISA instead, then can definately have problems.

    I think the wait and see comment can be explained better by saying that you really cannot tell for sure how they will see this. It is a somewhat subjective matter whether the interviewers will make a big deal of this. The thing to remember is that they definately could and it could be a big problem. That is really the best answer we can give right now.

    The only thing to do right now is to keep on with the adjustment process and just be as honest as you can. Hopefully it will not cause a problem.

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