If a foreign citizen enters the US as a visitor, with full intent to leave, but changes their mind after a couple months and ultimately marries a US Citizen, is that considered immigration fraud?
Hello,my name is Judith. Thank you for this opportunity to answer your questions.Not necessarily.
30/60/90 DAY RULE
There is a 30/60/90 day rule if applying for adjustment to resident status here based on the marriage. If you marry within 30 days there is a presumption you entered with a fraudulent intent - ie to remain here permanently. If you marry after 60 days there is a rebuttable presumption that you did not intend to remain here permanently (such as applying for a marriage license within the 30 days - the govt could rebut the presumption of no fraudulent intent). If you apply for a license and get married close to or after the 90 days there is no presumption of fraud, if you came intending to go back home, and found after spending significant time together you were inseparable and decided to get married close to the 90 days, well life plans change - and you would not be considered to have lied upon entry.
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So if that situation were to occur where a foreigner married a US Citizen when visiting because they found themselves inseparable after 90 days, even though the expectation was to return to their home country, then what would the USCIS ask for, if anything, as proof that the foreigner intended to return to their home country?
Rarely is evidence requested. If it is they want a letter from their employer that they listed on their visa application that they had not quit their job before departure; evidence of having maintained their residence - either a lease or morgrage and evidence they keep their money in ther back affounts there.
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Hypothetically speaking, if she works from home making very little and doesn't have any proof of employment, lives with parents and doesn't contribute to a rent or mortgage, and only has a small amount of money in bank accounts there, would her chances of having her child's visitor visa application approved, be diminished? She already has a visitor visa, just not for her child.
This is a totally different question.
However, I will give you the courtesy of an answer.
Yes, the child's chances for a visa are diminished because if she and the child travel together then she might be more likely to stay here unlawfully than to leave him home and not return there.
Her child is one of the compelling ties they considered when giving her the visa.
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