Emergency. Thanks for your help and all your advice!!! :))

[asianakasha]

Hi,

I was a French student in the USA in 2009 where I met my boyfriend. I finished my studies there in June 2010 and did 2 rounds trips in the USA with, in between each trip 3 months the first time et 4 the second time. I am currently with my boyfriend in the USA and we decided to get married. I have a tourist visa and the officer at the airport scared me a little bit saying that I was not allowed to go back and forth all the time. Suspicious, what I do not blame, because people abuse of the system that makes it really hard for people who really have found their Soulmate. Whatever...
So here are my questions:

- as it was not my intention when I entered, is it considered as a "fraud" to get married with a tourist visa after more than 30 days?
- what could be the consequences of doing that?
- if we decide to wait and to go through the K1 visa process, how long will I have to wait in France until I can come back?
- my boyfriend is a freelance musician, does he need a sponsor himself? A lawyer for both of us is necessary?


Thanks a lot for your support.

[wavedom]

- Getting married on a tourist visa is not considered to be visa fraud. However, applying for a tourist visa (B1/B2) with the intention of getting married and adjust status to permanent resident is considered to be visa fraud. I suppose you are in the US on the Visa Waiver Program (VWP), which technically isn't a visa. What the CBP doesn't like is when people go back and forth using the VWP and spend as much time in the US as possible. The VWP is only meant for temporary tourism and business trips, not extended vacations several times a year. It is not considered to be visa fraud to get married on the VWP either. As long as you don't overstay the 90 days and don't do anything the VWP prohibits (such as working, studying etc.) the authorities don't care what you do. However, do not try to adjust status if you are on the VWP. It is definitely not allowed and I think it's illegal even to try to adjust status.

- The K1 visa option usually takes 6 to 8 months (or longer).

- The petitioner may or may not need a sponsor, depending on his income and assets. Depending on what visa you apply for, he will have to show that he can support you financially once you move to the US.

- Some people decide to use a lawyer and some don't. You are definitely able to handle most visa procedures yourselves without the help of a lawyer. If you decide to do it on your own, there are books and written guides you can use.