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B2 then AOS: What characterizes fraud?

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  • B2 then AOS: What characterizes fraud?

    Hi I am new here but I´ve been doing research on immigration for a long time and I find myself still lost. I am Brazilian and my fiancé is a USC. I have been to the US thrice since we met, in September 2002, and he´s been to Brazil twice. I have a B2 VISA and never overstayed. We are both divorced and we both have the divorce decrees. At first we decided to wait until I had my doctorate degree here in Brazil (which would be in 2005). Nonetheless, we are just so tired of not being together, and we have been talking about getting married. Well, since we started doing our research on what to do from now on, we have found contradictory information on our specific case. He talked to an attorney, he called the CIS toll free number, talked to another attorney at a Catholic Diocese and ALL of them told him that filling for an AOS on my B2 would NOT be a problem. Then, on my side, I found out that YES THIS WOULD BE FRAUD. Now, what should we do? We have a bunch of evidence of our relationship and as far as we are not "young, wild and free" anymore, it is serious business for us. The info he got is basically "she can come to the US on her B2 to vist, you can get married and apply for AOS, which in your case (we´re both divorced, no children) would be easy, lengthy but easy and she can´t leave the US before the process is over. It is not the most advisable thing to do, but possible." They did not mention anything about WHEN and HOW to get married. All the other options we had (getting married here, then DCF in Rio, then K3) are temporarily out of the question because his divorce papers would have to be legalized by the Brazilian Consulate in Houston, and we have no time available to do that. He is coming to Brazil in 15 days for my brother´s wedding and then again in December for New Years. He lives in the state of Oklahoma. The K1 process here at the Consulate in Rio takes from 10 to 11 months (info received by me at the Consulate in Rio last week). Now, is this just me or the information given by these people are really twisted? Which should be trustful? At the moment we do not have U$2,000 to spend with a specialized Immigration Attorney. What worries me are the many horror stories related to immigration on a B2. My questions are:
    How "elligible" I am?
    What characterizes fraud? Intention to marry? I hate lies...Why would it be OK to get married AFTER 90 days there (if I get 6 months at the POE)? What characterizes fraud if all my documents are OK ?
    My B2 VISA is valid for 10 years and it is my second B2.I never had B2 VISA denials. Does it help to file for an AOS?
    Nonetheless, I can´t see how a well intentioned couple like us can get in trouble. However, I really feel that there must be a safe way out if we get the proper advice for our specific case. Sorry for the long message and thanks in advance for any help given. Best wishes to all.
    Crissy

  • #2
    Hi I am new here but I´ve been doing research on immigration for a long time and I find myself still lost. I am Brazilian and my fiancé is a USC. I have been to the US thrice since we met, in September 2002, and he´s been to Brazil twice. I have a B2 VISA and never overstayed. We are both divorced and we both have the divorce decrees. At first we decided to wait until I had my doctorate degree here in Brazil (which would be in 2005). Nonetheless, we are just so tired of not being together, and we have been talking about getting married. Well, since we started doing our research on what to do from now on, we have found contradictory information on our specific case. He talked to an attorney, he called the CIS toll free number, talked to another attorney at a Catholic Diocese and ALL of them told him that filling for an AOS on my B2 would NOT be a problem. Then, on my side, I found out that YES THIS WOULD BE FRAUD. Now, what should we do? We have a bunch of evidence of our relationship and as far as we are not "young, wild and free" anymore, it is serious business for us. The info he got is basically "she can come to the US on her B2 to vist, you can get married and apply for AOS, which in your case (we´re both divorced, no children) would be easy, lengthy but easy and she can´t leave the US before the process is over. It is not the most advisable thing to do, but possible." They did not mention anything about WHEN and HOW to get married. All the other options we had (getting married here, then DCF in Rio, then K3) are temporarily out of the question because his divorce papers would have to be legalized by the Brazilian Consulate in Houston, and we have no time available to do that. He is coming to Brazil in 15 days for my brother´s wedding and then again in December for New Years. He lives in the state of Oklahoma. The K1 process here at the Consulate in Rio takes from 10 to 11 months (info received by me at the Consulate in Rio last week). Now, is this just me or the information given by these people are really twisted? Which should be trustful? At the moment we do not have U$2,000 to spend with a specialized Immigration Attorney. What worries me are the many horror stories related to immigration on a B2. My questions are:
    How "elligible" I am?
    What characterizes fraud? Intention to marry? I hate lies...Why would it be OK to get married AFTER 90 days there (if I get 6 months at the POE)? What characterizes fraud if all my documents are OK ?
    My B2 VISA is valid for 10 years and it is my second B2.I never had B2 VISA denials. Does it help to file for an AOS?
    Nonetheless, I can´t see how a well intentioned couple like us can get in trouble. However, I really feel that there must be a safe way out if we get the proper advice for our specific case. Sorry for the long message and thanks in advance for any help given. Best wishes to all.
    Crissy

    Comment


    • #3
      Hi crissy
      It has been done. People have entered the Us on a B2 and fell in love and then married.
      They have done so and genuinely stayed and then adjusted. The 60 day rule is basically because the only visa that you are allowed to enter the US with and then marry on is the K1 visa. The fiancee visa so any other visa that is entered upon and then your status changes can lead you to have to prove that you didnt enter in order to marry.
      To Me your safest bet is to be patient.
      It is a lot simpler to get married and then immigrate by DCF. You will be able to get your ssn# and then drive in a matter of weeks. Do you really want to sit in the USA in a state of fear with your intended? Do you want to wait 2 years for an interview to adjust and risk denial? That really could happen. Remember when you file AOL is the US you will not be able to work until you receive your EAD and many do not get this within 3 months as they should.
      There are soo many pitfalls to adjusting in the US. It just seems to me that you need to pull all of your energy into being practical and doing what legally is the best thing for you to do. So to answer your questions :

      1.Fraud is intentionally lying to hide the truth. If you enter the US on a B2 visa and when asked lie and say you are here for a visit and you know you are here to be married then THAT is a fraudulent statement that can come back to bite you on the AOS interview.
      If you tell the truth then they will refuse you entry and you will have had a wasted trip.
      Solution : Enter the US on a K1 or K3 visa and be able to answer the question honestly.

      2.If you enter the Us then yes you can get married. There is no INS agent that will track you down to see whether you apply for a marriage license or not.

      3. The fraud is the intention to marry when you enter the US. You arent comfortable with lying. Thats good. Then it doesnt matter if your documents are in order because you wont risk lying in the first place.

      Comment


      • #4
        Thanks for the reply. Still, it is really hard to understand WHY the information he gets in the US always end up leading us to go the AOS route. It can be so puzzling. My question is: If a lot of couples actually do that - getting married on a B2 after 60 days of arrival - just so that the "alien" gets a green card (the so-called fake marriages) why on Earth should the couples that have a genuine relationship be denied the right to be together, given the fact that we have all the evidence needed? I know patience is the key word, but you know how hard it is to keep a relationship at such a distance. We have already been waiting for 2 years...
        It´s such a hard decision to make...
        I would like to know to what extent the AOS processing is "case specific" by the time we get to the interview. My fiancé stronly believes they just need to make sure that our marriage is legit and based solely on the fact that we do love eachother.
        Any comments on that would be appreciated. I believe exchanging information is the key to every kind of decision making. I do not wish do disregard any laws, but I also need to find out about the possibilities for successful AOS cases, since there are so many. Why would the law benefit some and not others?
        Thanks a lot for the help!

        Comment


        • #5
          Because in practice, the USCIS will look at 90 days since entry sufficient time to "change intent." Meaning, if you came on a B1/B2 stating your intent was for visit (ie, no immigrant intent) then you stayed for about 60-90 days and then marry, the USCIS has viewed this sufficient time for a visitor to change her mind. I.e, the longer you wait to get married the "better" it looks. The closer in time you marry from the date of your entry, the stronger the evidence immigration has to prove you lied about your initial intent.

          The conflict you are hearing is not conflict in the law but rather conflict in opinion and experience on chances of success of an AOS application based on practice.

          If you want to go by the book, then entering on a B1/B2 with an intent to marry and adjust but telling the officer otherwise is a lie and basis for denial of adjustment.

          If you are risk-adverse (like I was when I married my foreign husband) then go with the K-1 fiance visa route. There will be some wait involved but you will feel better taking the "by the book" route. What's the rush anyway? The longer you wait the more you get to see how your relationship holds up under stress. And, distance makes the heart grow fonder....

          Comment

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