how to prove one was inspected

[czech]

hello, i am just about to file the papers to sponser my fiance soon to be husband. he came in with someone else's visa not a US visa though. can someone tell me how can he prove he was inspected. he does not have anything to prove except that he remembrs the name on the passport, the date and time. please someone respond with something, anything thanks

[samantha]

I think this would be visa fraud witch is lifetime bar no waiver?????? , so I think would be better if you don't even try to proof that he was inspected if the visa and passport was not his. Someone corrtect me if I'm wrong.

[ratito921]

yeah as far as I know that is fraud. Not a good thing either.

[Pinkpig]

hello, i am just about to file the papers to sponser my fiance soon to be husband. he came in with someone else's visa not a US visa though. can someone tell me how can he prove he was inspected. he does not have anything to prove except that he remembrs the name on the passport, the date and time. please someone respond with something, anything thanks


If you were inspected when you came through immigration legally (well sort of legally) with someone else's passport (not a USC) you will be charged with fraud/misrepresentation. F/M is waivable with an I-601 waiver based on marriage to a USC. It may be an in-country filing if he is still in the US. It can be a consular filing if he is back in his country.

Others have overcome F/M with a waiver. Conditions vary with countries and individual's facts.

Do you have his plane ticket or boarding pass, did you get the ticket on-line and is there a record of that you can get a copy of, you can get a copy of the I-94 if he filed that?

Do you have any pictures of picking him up at the airport that day?

Do you have any friends that are willing to swear that they saw him get off the plane or that have first hand knowledge of him coming in with the fake passport?

If you cannot get the passport that he entered with you will have to gather enough evidence to convince the immigration official that it happened the way you say it did. It is all about evidence. You have to prove your facts anyway you can. If you do not have the original document you might have a chance if you can put together enough evidence pointing to the entry as you have stated it.

[czech]

Thank you so much, i know a waiver does exist but the problem is proving he was inspected...i am working on gathering all the evidence..thanks

If you were inspected when you came through immigration legally (well sort of legally) with someone else's passport (not a USC) you will be charged with fraud/misrepresentation. F/M is waivable with an I-601 waiver based on marriage to a USC. It may be an in-country filing if he is still in the US. It can be a consular filing if he is back in his country.

Others have overcome F/M with a waiver. Conditions vary with countries and individual's facts.

Do you have his plane ticket or boarding pass, did you get the ticket on-line and is there a record of that you can get a copy of, you can get a copy of the I-94 if he filed that?

Do you have any pictures of picking him up at the airport that day?

Do you have any friends that are willing to swear that they saw him get off the plane or that have first hand knowledge of him coming in with the fake passport?

If you cannot get the passport that he entered with you will have to gather enough evidence to convince the immigration official that it happened the way you say it did. It is all about evidence. You have to prove your facts anyway you can. If you do not have the original document you might have a chance if you can put together enough evidence pointing to the entry as you have stated it.

[gabytalbert]

Why do you need to prove he was inspected? The fact thant he used someone elses visa is more of a problem then EWI isnt it?

[VENZwife]

gabytalbert - both EWI and visa fraud would require a waiver. BUT, if he EWI, he would have to leave the country to file for a visa & the waiver in his home country. If he entered with inspection he could file for AOS & waiver without having to leave the US.

This is still a grey area to me. I am still not sure if coming on someone elses visa is considered inspected with regards to qualifying you for in country AOS. I would DEFINITELY consult with a lawyer on that one to make sure he is eligible before you file. You don't want to waste precious time & money filing only to have it be denied, and then have to file in the home country anyway.