Getting married on B2 Visa: Visa Fraud?

[ajw24]

My fiancee and I are trying to get married in order to begin her permanent resident paperwork. She currently lives in Mexico but frequently visits me with her B2 Visa. She's in medical school and currently in her last year. I have read that traveling to the US on a B2 visa with the sole purpose of getting married and then adjusting status is visa fraud. However, my fiancee must return to Mexico to finish school. If she comes to the US to get married but returns and then I file her permanent resident application, is it still visa fraud? Thank you in advance for your answers!

[newacct]

There's a lot of misinformation about so-called "visa fraud". If she didn't lie to anyone at any point, there is no fraud.

Maybe you're talking about "immigrant intent", where the immigration officer at entry is likely to deny her entry if she intends, at the time of entry, to apply for Adjustment of Status during the trip. But you guys are not intending for her to do Adjustment of Status at all -- you are planning for her to do Consular Processing from Mexico. Intent to immigrate in the future is not "immigrant intent". She can even tell the officer of her plans and should be let in (if the officer believes her).

(Plus, even if she had "immigrant intent" at entry, if she is let in, that is not a reason to deny her Adjustment of Status if she is the spouse of a US citizen.)