Folinskyinla

Hi:

I was just chatting with J about this one. I told him about a marriage fraud interview I had last week. The documentation was pure crap, but the couple actually "looked married." The interviewing officer said, I've looked into your eyes and I'm convinced and approved the case.

As J put it -- we know that we are basically facing a jury of one and "demeanor" counts.

sunny08

It sounds as if you have already filed and have proof to return to the UK etc like others mentioned then all SHOULD be ok to visit US.....they did not let my boyfriend in even though we told them we were planning on applying for the fiance' visa while he was here visiting....again the grey area....so he got to spend 4 hours in questioning and 14 hours in jail until they flew him right on back to the UK! So like I said it SHOULD be ok to visit but the customs people may not always want to let you.......

Tracym

A good reason to fly through Dublin - you actually clear immigration there. That way, if turned down - you just walk away. And if they let you through, you enter mainland US basically as domestic - just go through customs.

sunny08

Oh wow is that true about Dublin? I thought no matter what you would have to clear customs in the US as well?

Tracym

No, Dublin (and Shannon too I believe) have pre-clearance.

There is some possibility (if their computers were down or something) that you'd have to clear on the mainland instead. But generally, they will clear (or reject) you, and you can get on the flight overseas knowing you are admitted.

sunny08

WOW very cool indeed! Will pass this on to my man as he is so nervous about that flight again since what happened to him before bless him!

sloulamp

Hello, I used the visa waiver program to be with my husband while my I-30 was being processed. We filled it at the US embassy in Korea, where we were married. I came into the US on a visa waiver. I had to leave because the visa waiver was up and confirmation for I-30 had not come back. I left and came back to the US 2 weeks later, I had a bit of a tough time coming through immigration because he said I wasn't allowed to do that, but he was ok, told me to contact the British Embassy???

When I was back in the UK my I-30 receipt arrived, and I was able to apply for change of status, and have been here since then in 2005.

My I-30 took so long because the Korean's lost it!!

Good luck!!!

Noorah101

Your post is a little confusing. Were you living in the UK or in Korea? You filed your I-130 in Korea, but ended up having the immigrant visa interview in the UK? You were in the UK when the I-130 receipt arrived...you mean the receipt that it was filed, or the receipt that it was approved? What do you mean, applied for change of status, that is something that can only be done in the USA, but you were in the UK. The I-130 approval results in the issuing of an Immigrant Visa, not a change of status. From your post, I can't tell what really happened in your case.

Rene

sloulamp

Sorry didn't mean to confuse you!!

We were married in Korea, my husband is military. We filed the I-30 in Korea thinking the sooner we get the ball rolling the better... big mistake! They lost it.
I filed for change of status in the US, after having to leave once because my waiver was about to expire. While I was in the UK the receipt of acceptance was mailed to us in the US. So when I came back I was able to apply to change my status.

Hope this makes better sense...

Noorah101

So you had an I-130 in process towards an Immigrant Visa, but instead you came to the USA on the VWP and stayed to adjust status within the USA.

I understand now what you did, but you know you weren't supposed to have done that, right? You were supposed to stay in the UK and wait for Immigrant Visa process to finish.

It's illegal to enter the USA on the VWP with the intent to remain and adjust your status. You got lucky that it worked out for you so far, but we don't recommend that route to anyone else.

Rene

sloulamp

No I wasn't aware that it was illegal, furthermore, I was advised by USCIS on the phone that I was able to do this, enter the US on VWP and change my status. I'm actually pretty shocked to hear that's not allowed.

ian-mstm

You personally, are solely responsible for doing things legally, regardless of what you've been told. The US Supreme Court has ruled that persons working on behalf of the US government can not be held responsible for any misinformation that you receive from them! I guess this is why lawyers make a good living doing what's called "janitorial" work.

Ian