ian-mstm

Well, once again I see that I am late to the party! Sheila and I attended a very exciting and wonderful performance of the Georgian State Dance Company last night... most excellent.

As an aside, let me reiterate something that I've iterated before ()... it is *impossible* to prove a negative, therefore, it is impossible to prove that you do *not* have the intent to remain in the US. It doesn't matter that you have a return ticket, or a lease/mortage in some foreign country, or that you are employed, or that you have children still in school there, or that your father is ill and desperately needs you except for the next 2 weeks that you plan to be in the US, or that you have any other obligation whatsoever outside the US.

You can *not* prove that you don't intend to stay in the US.

Therefore, in addition to any "non-proof" that you bring with you, the only thing the officer at the PoE has to go on, is her/his gut instinct... and even if you are allowed to enter the US, you do *not* know if s/he has made any notations about your entry. At *any* time following, you may very well come to regret that you were not 100% forthcoming at the time you asked for permission to enter the US.

Ian

Folinskyinla

Hi:

Not bad. I'm a little troubled, but nothing that I can yet put my finger on.

The issue is a complicated one. In the overwhelming urge to be together, there is a danger that a person could easily shoot themselves in the foot, and perhaps in the head.

If you do it -- the following provisions of law should be noted:

Section 212(a)(6)(C)(i) of the Immigration & Nationality Act.
Section 212(a)(6)(E)(i) of the Immigration & Nationality Act.
Section 274(a)(1)(iv) & (v) Immigration & Nationality Act.
18 USC 2

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon

iniaki

OK, I love this topic.

Mainly because my husband came on a VWP, overstayed, met me (USC) and adjusted, so adjusting from VW to AOS is close to my heart.

With that being said....
I used to get really annoyed whenever people came on this board and asked about VWP+AOS.
The annoying part wasn't these ppl but the overwhelming consensus on this board to get defensive about this issue, to tell them to go the correct way (K1), to not offer up any advice on this issue.

I really wanted to chime in and tell the poster that they could do it. But i didn't because I didn't want to alienate myself from this group.

NOW.....
I finally understand what all the static is about. One thing I never thought about was the fact that when my husband came to the US on a VW, his intent was not to stay and marry. It was actually to VISIT.
The posters that are interested in finding info on VW+AOS are already in the wrong because they are "intending" to come and adjust.

I never looked at it that way. With something so serious as AOS in the US, why would anyone try to risk screwing it up by coming in as a visitor when the intent is another?

I guess the only suggestion I have for this board is:
When posters ask this question in the future, advice should be in the form of explaining the consequences (at the POE), explaining the truth (that it is possible, but why the hell would you risk it), and not taking a defensive position on this topic. (and of course, this does not go for everyone on this board, just some.)

meauxna

What about your first post in this thread? I like it quite a bit.

What do you think of this?

http://www.uscis.gov/files/article/A2.pdf
What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years.
It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident.
It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.
You should come prepared with proof of your clear intentions in this regard.


Oh yeah, that doesn't offer them the adjustment route. Maybe we could tack the 'see a lawyer part' on in there.

meauxna

Just so we are all clear, are these the correct cites you gave?

Section 212(a)(6)(C)(i) of the Immigration & Nationality Act.
Sec. 212. [8 U.S.C. 1182]
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(6) Illegal entrants and immigration violators.-
(C) Misrepresentation.-
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.


Section 212(a)(6)(E)(i) of the Immigration & Nationality Act.
Sec. 212. [8 U.S.C. 1182]
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(6) Illegal entrants and immigration violators.-
(E) Smugglers.-
(i) In general.-Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is inadmissible.


Section 274(a)(1)(iv) & (v) Immigration & Nationality Act.
18 USC 2
Sec. 274. [8 U.S.C. 1324]
(a) Criminal Penalties.-
(1) (A) Any person who-
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law, shall be punished as provided in subparagraph (B); or
(v) 1/ (I) engages in any conspiracy to commit any of the preceding acts

TITLE 18 > PART I > CHAPTER 1 > § 2
§ 2. Principals
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

jeffreyhy

ini,

Your case, based on what you've written here, seems about as close to the 'white' side of 'balck and white' as one can get since your husband didn't know you when he entered the USA to visit. Quite a bit different from someone coming to visit their USC fiance(e) or spouse hoping that they won't have to leave.

Some of the people who participate in these discussions are a darker shade of grey, and many of the people who ask the question are jet-black.

Regards, JEff

iniaki

Very true. There are all sorts of colors in the spectrum when it comes to immigration issues.

My only point to this discussion is that the reason why we have a 7 page blog going on is because so many people have an issue with this topic. Somewhere on page 3 or something I read that people can get into trouble for advising another to go down the VW+AOS path.

I think the most important part of this topic and it was explained beautifully in all 6 pages is that:
a. don't get disturbed by someone asking about this topic.
b. answer truthfully and directly
c. tell the truth (YES, you can adjust with a VW) BUT......(very important but, the consequences are too risky to take. Since of course, the poster already stated that the intent is to do exactly what will cause his denial, if found out.)
that is the undeniable truth about it.

fatbrit

Undeniable truth contains facts. Your statement contains personal opinions.

olliewat

I'm with FatBrit. Unfortunately, the "too risky to take" statement is not FACT. There are some people out there who will go the "we can't be apart. how could anyone expect people in looooooooooooooove to be apart. we neeeeeeeeeeeeeeeed to be together. we need to be together nooooooooooooooooooooooow!" route and decide the risks ARE worth it for them.

They're silly, of course..... oops - that wasn't fact either, huh?