Mrtravel

tinyworld wrote:
    > Why go through all this trouble waiting, paperwork and interviews if your
    > spouse can simply apply for B-1 tourist visa and get it in few weeks or even
    > few days.
    > I believe if you marry her here she will be allowed to stay.
    >

1. In many places is it not easy to get a B-2 tourist visa.
2. It is not legal to enter the US on a B1/B2 visa with the intent on
residing in the US. This is an often discussed topic here. The penalty
for fraud can be a lifetime ban.

Tinyworld

Why go through all this trouble waiting, paperwork and interviews if your
spouse can simply apply for B-1 tourist visa and get it in few weeks or even
few days.
I believe if you marry her here she will be allowed to stay.

DCMark

You asked this question before. Its ILLEGAL and visa fraud.

seven-x

But I saw many did that and still can get away with it!!!

leebarton

the fact that many may have done it and committed visa fraud and got away with it doesnt make it right.

You dont know how many havent got away with as you put it compared to the numbers that have...

If you want to risk your whole future in the US to save a few bucks and a couple months paperwork and wait that is your lookout, but dont come back here complaining if you get found out and banned for 10 years from entering the USA.. you take the risk, you pay the penalty if you are rumbled.

jeffreyhy

seven,

And many tried that and did not get away with it.

To quote Dirty Harry, "Do you feel lucky?"

Regards, JEff

DCMark

More trolls/same posters (Michael, Galverston, etc). This list is getting bad.

Mrtravel

seven-x wrote:

    > Originally posted by DCMark
    >
    >
    >>You asked this question before. Its ILLEGAL and visa fraud.
    >
    > But I saw many did that and still can get away with it!!!
    >

I speed often. I got a ticket a couple of months ago.
I will pay it and take the class to avoid the point.

Are you willing to pay the penalty if you get caught? Is she?

As the former Mayor of Carmel, and current member of the CA State Park
Board once said, "..... do you feel lucky?". (I think it started with
"Tell me punk", but I am not sure.

seven-x

You are right about that. My husband and I went through long separation going through k-1 visa. However, one of the woman I know here entered the US with tourist visa, got married and adjusted her status. She got EAD and SSN without any problem. So ... my question is of course it is not correct. It is a fraud to do so....WHY...some people can still get away with it?

I have heard if a tourist stays in a US more than 6 months and gets married afterwards, it is legal to adjust her status.

Any idea?

Noorah101

They got lucky. It's still fraud to enter with the intent of marriage. Speeding is still a crime, even though lots of people do it and get away with it. Just depends how much you want to risk.

It is legal to adjust status after arriving on a visitor visa and then getting married, as long as your intent upon entering the USA was NOT to get married. If someone comes to sightsee in the USA for 3 months, and 2 months into the vacation, meets the love of his/her life and gets married, that's fine. No problem. But if a couple has an ongoing long distance relationship, decide to get married, and says let me just enter as a tourist, and we'll get married then, that's fraud.

Personally, I'd rather wait the year it might take to get my fiance his visa and be sure he can stay here with me forever, than risk being faced with a ban for him and a fine and jail sentence for me! :-)

As a matter of fact, I face this question often, when people who don't know the "rules" ask me why he couldn't just come here to visit, and then marry me. I've stood my ground for months now, explaining why this isn't legal. Their answer is usually "well, others do it, we see it all the time!" I tell them "yes, that's true...but just my luck I'd be the one they catch doing that, and I'm not willing to risk it". Fortunately, and in my favor for remaining legal, it's very difficult for an Iranian to even get a tourist visa to the USA. So that really wasn't even an option! :-)

Rene

Mrtravel

seven-x wrote:

    > You are right about that. My husband and I went through long separation
    > going through k-1 visa. However, one of the woman I know here entered
    > the US with tourist visa, got married and adjusted her status. She got
    > EAD and SSN without any problem. So ... my question is of course it is
    > not correct. It is a fraud to do so....WHY...some people can still get
    > away with it?
    >
    >
    >
    > I have heard if a tourist stays in a US more than 6 months and gets
    > married afterwards, it is legal to adjust her status.
    >
    > Any idea?
    >

Yes, the ideas have been exchanged about this frequently.
You can search the newsgroup archives at groups.google.com and find lots
of ideas.

My thoughts are clear. It is illegal. I think the risks generally
outweigh the benefits. When I speed, I take acceptable risk and the
penalty isn't great. I don't weave through traffic or speed when
everyone else is at the speed limit or below, and I carry a radar
detector. If I get caught, the fee is about $150. I get caught about
once every 2 years. If you get caught attempting to illegally immigrate,
would you be OK with the penalty?

Folinskyinla

Hi:

Read section 212(a)(6)(C) of the Immigration & Nationality Act. It is a lifetime bar. The DS-156 asks some very specific questions.

Although there IS a difference between "preconcieved intent" and "misrepresentation" -- it is an easy line to cross.

Did I mention possibility of criminal prosecution? Google "Supreme" "Court" "Lutwak." Although that case involved a totatlly "sham" marriage, the same prinicpals apply. Notice that Lutwak was the US citizen.

An interesting "disucssion" I took part in discussing the so-called "30-60 rule:

http://britishexpats.com/forum/showt...hreadid=100004

garyrrobinson

if you play games, you will end up losing your k-1..
forget about the tourist visa

aussiejules1974

It may not be the "right" way to do it but I spoke to several U.S. based lawyers prior to filing our K-1 application who ALL told me to skip the K-1, get a business or tourist visa, get married and apply to adjust my status afterwards. Yes, these people were all immigration lawyers and yes they were all U.S. based. They thought it was ludicrous that I would even consider the K-1 process. HOWEVER, I didn't have the guts to do it and now find ourselves at day 164 with no end in site through the NSC. I know of several people who just went in on tourist visas, got married and lived happily ever after, boy do they get a good laugh at my expense as they sit and watch me & my fiance struggling through 6 mths plus of bullsh*t. There are risks associated with everything, I wish I had the balls to go in the back door. If you're willing to take a chance (& I would get probably have a lawyer ready and waiting before you roll the dice) go for it!

Dekka's Angel

Clearly, these are lawyers who do not value their licenses very much.