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Dangers of Marrying While in The United States On a B
Visa or Visa Waiver And Houston Immigration Lawyers




                                www.thesolomonlawfirm.com
» Nowadays, well-intentioned couples can run into serious problems just
  because they didn’t realize the trouble that could be created by what
  they were doing.
» If this looks like you, you would be wise to seek help from an immigration
  attorney who understands these issues.




                                               www.thesolomonlawfirm.com
Let’s begin with a simple proposition:
» Unless you come here with a fiancée visa, it is illegal to travel to the
  United States with the intention to marry a U.S. Citizen and not return to
  one’s home country. If these facts are established, an application to
  adjust status to become a permanent resident of the United States will
  almost certainly be denied.




                                                  www.thesolomonlawfirm.com
» Not only that, but you could be facing criminal charges that could result in
  a fine of up to $250,000.00 or imprisonment for not more than five years,
  or both. A lesser sanction under a different statute could result in a fine of
  up to $10,000.00 or imprisonment for not more than five years, or both.
» As bad as those penalties are, there is another one that could be even
  worse. What if your new spouse is deported and banned from living in the
  United States?




                                                 www.thesolomonlawfirm.com
What?
» You must have thought of - if I entered the United States legally and then
  became an immediate relative of a U.S. Citizen, that I could engage in
  unauthorized employment in the United States and even violate the
  terms of my nonimmigrant visa and still be allowed to get my green card.
» That may well be true, depending on the facts of a particular case, but we
  are talking about something different here. We are talking about lying
  about why you were entering the United States.
» We are talking about lying to obtain a benefit by evading provisions of the
  immigration laws. The legal way to come to the United States to get
  married and apply to adjust your status to become a permanent resident
  is to apply for a fiancée visa.




                                               www.thesolomonlawfirm.com
» Oh we knew that, you say, but that takes too long! It was easy for me to
  come here on a visa waiver because of the country where I live, you
  continue, or I was able to obtain a visitor visa to come to the United
  States. Now that I am here, I got married, and the last thing I want to do is
  go back to my home country and apply to adjust my status so that I can
  move to America to be with my spouse.
» But now that I know about the problem, you say, I will just tell anyone
  who asks that I never intended to get married and stay in the United
  States. Sure, I will tell them, somewhere in the back of my mind I suppose
  there was a thought that we might possibly get married while I was
  visiting here, but I never intended to stay here. I always intended to
  return to my own country. But now we are so much in love and my
  spouse begged me to stay after we got married, so that is the only reason
  I want to file to adjust my status without leaving the United States.




                                                www.thesolomonlawfirm.com
Really?
» Let’s examine a few things. First of all, there is a presumption that every
  foreign national intends to immigrate to the United States when they
  come here. It is only after they convince the particular immigration
  authority involved that they have no immigrant intent that they can
  obtain a nonimmigrant visa.
» And what is one of the primary ways that one can overcome that
  presumption for many visa categories? It just happens to be maintaining a
  residence abroad with no intention to abandon it. The B visa category,
  which covers business or pleasure visits to the United States, is one visa
  category where the residence abroad factor is of paramount importance.
» While that general requirement may be relaxed in order to allow an alien
  to visit family members or even to visit a fiancé in the United States, the
  intent of the alien must still be to return to his or her home country.



                                                 www.thesolomonlawfirm.com
Well, you say, no one knows what I was thinking. That is actually true. But
your actions may be a powerful indication of what you were thinking. For
example:
 Did you abandon your residence abroad when you came to America?
 Did you quit your job in your home country before you came to America?
 Did you get married within days of stepping off the plane when you arrived in
  America?
 Did you:
    • ship all of your clothes here,
    • arrange to have your utilities and telephone service terminated,
    • resign from your fitness club,
    • close your bank accounts
    • have a going away party with family and friends?
    • have someone in America find a job for you here?
 Oh yes, here is another biggie:
    • did you exchange love letters (emails) with your former fiancée, now spouse,
     where the two of you planned your life together in America, leaving a clear
     electronic trail that you had no intention of returning to your home country
     to adjust status after you got married in America?
                                                     www.thesolomonlawfirm.com
» While the focus of this article is on B visas, the same proposition applies
  to those who come here on other types of visas that require non-
  immigrant intent, such as F, J, Q, R, and TN visas, for example.
» Now the fact is that the Department of State has developed a way of
  dealing with preconceived intent issues. An experienced immigration
  lawyer knows those rules and the presumptions involved. Our strong
  suggestion is that you would be foolish to try to handle this problem
  without the help of an experienced immigration lawyer.
» Finally, we ask you to seriously consider, is it worth the risk? We urge you
  to do it the legal way.




                                                 www.thesolomonlawfirm.com
» If you have any qualms about the visa process, you may also want to read
 the book No Price Too Great, which was written by the author of this
 article. You can find it here once it has been published around the end of
 2008: www.NoPriceTooGreat.com .
» In the meantime, you can read what others had to say about the book at
 www.thesolomonlawfirm.com. And you can read the Prologue from the
 book at www.thesolomonlawfirm.com.




                       visa process



                                              www.thesolomonlawfirm.com
CONTACT THE SOLOMON LAW FIRM, P.C.
             Main Office
      510 Bering Drive, Suite 300
        Houston, Texas 77057
           Toll Free 888.777.6391
           Fax to 713.358.5513

  www.thesolomonlawfirm.com

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Dangers of Marrying While in The United States On a B Visa or Visa Waiver And Houston Immigration Lawyers

  • 1. Dangers of Marrying While in The United States On a B Visa or Visa Waiver And Houston Immigration Lawyers www.thesolomonlawfirm.com
  • 2. » Nowadays, well-intentioned couples can run into serious problems just because they didn’t realize the trouble that could be created by what they were doing. » If this looks like you, you would be wise to seek help from an immigration attorney who understands these issues. www.thesolomonlawfirm.com
  • 3. Let’s begin with a simple proposition: » Unless you come here with a fiancée visa, it is illegal to travel to the United States with the intention to marry a U.S. Citizen and not return to one’s home country. If these facts are established, an application to adjust status to become a permanent resident of the United States will almost certainly be denied. www.thesolomonlawfirm.com
  • 4. » Not only that, but you could be facing criminal charges that could result in a fine of up to $250,000.00 or imprisonment for not more than five years, or both. A lesser sanction under a different statute could result in a fine of up to $10,000.00 or imprisonment for not more than five years, or both. » As bad as those penalties are, there is another one that could be even worse. What if your new spouse is deported and banned from living in the United States? www.thesolomonlawfirm.com
  • 5. What? » You must have thought of - if I entered the United States legally and then became an immediate relative of a U.S. Citizen, that I could engage in unauthorized employment in the United States and even violate the terms of my nonimmigrant visa and still be allowed to get my green card. » That may well be true, depending on the facts of a particular case, but we are talking about something different here. We are talking about lying about why you were entering the United States. » We are talking about lying to obtain a benefit by evading provisions of the immigration laws. The legal way to come to the United States to get married and apply to adjust your status to become a permanent resident is to apply for a fiancée visa. www.thesolomonlawfirm.com
  • 6. » Oh we knew that, you say, but that takes too long! It was easy for me to come here on a visa waiver because of the country where I live, you continue, or I was able to obtain a visitor visa to come to the United States. Now that I am here, I got married, and the last thing I want to do is go back to my home country and apply to adjust my status so that I can move to America to be with my spouse. » But now that I know about the problem, you say, I will just tell anyone who asks that I never intended to get married and stay in the United States. Sure, I will tell them, somewhere in the back of my mind I suppose there was a thought that we might possibly get married while I was visiting here, but I never intended to stay here. I always intended to return to my own country. But now we are so much in love and my spouse begged me to stay after we got married, so that is the only reason I want to file to adjust my status without leaving the United States. www.thesolomonlawfirm.com
  • 7. Really? » Let’s examine a few things. First of all, there is a presumption that every foreign national intends to immigrate to the United States when they come here. It is only after they convince the particular immigration authority involved that they have no immigrant intent that they can obtain a nonimmigrant visa. » And what is one of the primary ways that one can overcome that presumption for many visa categories? It just happens to be maintaining a residence abroad with no intention to abandon it. The B visa category, which covers business or pleasure visits to the United States, is one visa category where the residence abroad factor is of paramount importance. » While that general requirement may be relaxed in order to allow an alien to visit family members or even to visit a fiancé in the United States, the intent of the alien must still be to return to his or her home country. www.thesolomonlawfirm.com
  • 8. Well, you say, no one knows what I was thinking. That is actually true. But your actions may be a powerful indication of what you were thinking. For example:  Did you abandon your residence abroad when you came to America?  Did you quit your job in your home country before you came to America?  Did you get married within days of stepping off the plane when you arrived in America?  Did you: • ship all of your clothes here, • arrange to have your utilities and telephone service terminated, • resign from your fitness club, • close your bank accounts • have a going away party with family and friends? • have someone in America find a job for you here?  Oh yes, here is another biggie: • did you exchange love letters (emails) with your former fiancée, now spouse, where the two of you planned your life together in America, leaving a clear electronic trail that you had no intention of returning to your home country to adjust status after you got married in America? www.thesolomonlawfirm.com
  • 9. » While the focus of this article is on B visas, the same proposition applies to those who come here on other types of visas that require non- immigrant intent, such as F, J, Q, R, and TN visas, for example. » Now the fact is that the Department of State has developed a way of dealing with preconceived intent issues. An experienced immigration lawyer knows those rules and the presumptions involved. Our strong suggestion is that you would be foolish to try to handle this problem without the help of an experienced immigration lawyer. » Finally, we ask you to seriously consider, is it worth the risk? We urge you to do it the legal way. www.thesolomonlawfirm.com
  • 10. » If you have any qualms about the visa process, you may also want to read the book No Price Too Great, which was written by the author of this article. You can find it here once it has been published around the end of 2008: www.NoPriceTooGreat.com . » In the meantime, you can read what others had to say about the book at www.thesolomonlawfirm.com. And you can read the Prologue from the book at www.thesolomonlawfirm.com. visa process www.thesolomonlawfirm.com
  • 11. CONTACT THE SOLOMON LAW FIRM, P.C. Main Office 510 Bering Drive, Suite 300 Houston, Texas 77057 Toll Free 888.777.6391 Fax to 713.358.5513 www.thesolomonlawfirm.com