Bakersfield, CA asked in Immigration Law for California

Q: My friend is coming to the US on a visitor visa. I want to surprise her with a marriage proposal. Is this visa fraud?

My friend does not know that i intend to propose marriage. I want to surprise her. Will this cause a problem for her visa adjustment? I do not want to Cause any problems for either of us.

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1 Lawyer Answer
Andrew Schach
Andrew Schach
  • Immigration Law Lawyer
  • Sacramento, CA

A: Thank you for your question.

The answer is, it depends. There are possibilities for both visitor visa fraud and marriage fraud in your scenario.

If the individual received a visitor visa in order to come to the US, get married, and stay in the country, this would be fraud as the individual received the visa with the understanding they would be returning to their country.

If you intend to marry this individual so that they can receive a green card and stay in the US without having to return to their country as a sham marriage, this would be fraud.

If this person is coming to the United States with no knowledge of your proposal which you are prepared to offer as a legitimate marriage, then based on your information, there would not be any fraudulent intent.

Good luck to the both of you, I hope everything goes well with your proposal.

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