I read your other comment; it just doesn't stand muster.
Fraudulent entry can only happen on entry. If they had no intent to be married on entry, then there's no fraud on entry, and therefore it doesn't apply.
"You let me in at the time, therefore you can never deem the past entry fraudulent" is not how the law works. It was fraudulent at the time of entry, but the government doesn't know that until true intent is revealed when the foreigner applies for a change of status.
The timeline is:
1. Foreigner is married to or intends to marry a US citizen and live in the US (they know this; the government doesn't).
2. Foreigner enters the US with the assertion they have no intent to immigrate (they know this is false; US doesn't).
3. Couple applies for change of status to immigrate → This reveals the foreigner's original intent to immigrate even at the time of entry (the US now knows the entry was fraudulent)
I'm not defending the law; I believe it's haphazard and inhumane. Why do you get to apply while together inside the US only if you decided to marry and immigrate after entering the US, but if the foreigner is outside the US at the time you make the decision, you're now locked out for years? But that is what it is, and these people are getting burned trying to skirt the law.
monocasa|3 months ago
Fraudulent entry can only happen on entry. If they had no intent to be married on entry, then there's no fraud on entry, and therefore it doesn't apply.
aikinai|3 months ago
The timeline is:
1. Foreigner is married to or intends to marry a US citizen and live in the US (they know this; the government doesn't). 2. Foreigner enters the US with the assertion they have no intent to immigrate (they know this is false; US doesn't). 3. Couple applies for change of status to immigrate → This reveals the foreigner's original intent to immigrate even at the time of entry (the US now knows the entry was fraudulent)
I'm not defending the law; I believe it's haphazard and inhumane. Why do you get to apply while together inside the US only if you decided to marry and immigrate after entering the US, but if the foreigner is outside the US at the time you make the decision, you're now locked out for years? But that is what it is, and these people are getting burned trying to skirt the law.