Aos From Vwp
Aug 21st 2005, 9:03 pm
#46
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Re: Aos From Vwp
Originally Posted by Stina
Ian, if you don't mind me asking, are you in the US or the UK, and if you're in the US what kind of visa did you come on? I'm just interested, and wondered if it has any bearing on your feelings about the whole issue.
I obviously have very different views on the whole VWP issue than you because I'm in the middle of actually doing it! My husband and I researched extensively before getting married, and the only advice we could get was to file for K1 and for me to return to the UK to do that. It was going to cause me a lot of problems as I was working on cruiseships at the time and as such had very little to go back to in the UK and with the exchange rate being what it is, very little money with which to do so. When I came to stay with him it was between contracts, we were not engaged and I was fully intending to return to the ocean, but it didn't work like that. So we actually FILED for K1, and then made an infopass appointment to see if my I-94 could be extended until the time when I would have to interview in London. The local immigration officer actually advised us to withdraw the K1, marry and file for AOS, or we never would have done so.
I don't see how that can be classed as a betrayal of my I-94 contract, and in the same way that it's not fair for me to say "everyone in the WHOLE WIDE WORLD thinks AOS from VWP is evil!", it's not fair for you (or anyone else) to say that everyone who does file for AOS instantly has no credibility. IMO, people who overstay their I-94 and then marry with the sole purpose of remaining are doing something far worse than those who simply realise that they love someone and want to spend their life with them.
Hubby and I are also very aware that there are potential holes and pitfalls in AOS from VWP, and as I said above I'm very lucky in that he is prepared to come to the UK with me if needs be. We married to be together, not so that I could live in the US.
As Meauxna says, we don't all have to agree on it though!
I obviously have very different views on the whole VWP issue than you because I'm in the middle of actually doing it! My husband and I researched extensively before getting married, and the only advice we could get was to file for K1 and for me to return to the UK to do that. It was going to cause me a lot of problems as I was working on cruiseships at the time and as such had very little to go back to in the UK and with the exchange rate being what it is, very little money with which to do so. When I came to stay with him it was between contracts, we were not engaged and I was fully intending to return to the ocean, but it didn't work like that. So we actually FILED for K1, and then made an infopass appointment to see if my I-94 could be extended until the time when I would have to interview in London. The local immigration officer actually advised us to withdraw the K1, marry and file for AOS, or we never would have done so.
I don't see how that can be classed as a betrayal of my I-94 contract, and in the same way that it's not fair for me to say "everyone in the WHOLE WIDE WORLD thinks AOS from VWP is evil!", it's not fair for you (or anyone else) to say that everyone who does file for AOS instantly has no credibility. IMO, people who overstay their I-94 and then marry with the sole purpose of remaining are doing something far worse than those who simply realise that they love someone and want to spend their life with them.
Hubby and I are also very aware that there are potential holes and pitfalls in AOS from VWP, and as I said above I'm very lucky in that he is prepared to come to the UK with me if needs be. We married to be together, not so that I could live in the US.
As Meauxna says, we don't all have to agree on it though!
Don't ever take advice from a CIS officer. Read the Supreme Court case of Hansen v Schweiker -- you can't rely on what a government functionary tells you.
That said -- many cities have various immigrant aid outfits where you CAN get independent advice for low cost. In Los Angeles, the Los Angeles County Bar Association has an Immigration Clinic in the Federal Building. Catholic Charities may have an office in your area, or "Traveler's Aid."
All we are saying is that this list is NOT the place to seek advice.
Aug 21st 2005, 9:31 pm
#47
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Re: Aos From Vwp
Originally Posted by fatbrit
As Candy said.
Ian
Aug 21st 2005, 9:35 pm
#48
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Re: Aos From Vwp
Originally Posted by ian-mstm
Fair enough. I disagree!
Ian
Ian
Aug 21st 2005, 9:44 pm
#49
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Re: Aos From Vwp
Originally Posted by Ray
I wonder which way Candy W got here...LOL... as if I didn't know....
Aug 21st 2005, 9:48 pm
#50
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Re: Aos From Vwp
Originally Posted by Stina
Ian, if you don't mind me asking, are you in the US or the UK, and if you're in the US what kind of visa did you come on?
I'm just interested, and wondered if it has any bearing on your feelings about the whole issue.
That said, I firmly believe that if someone intends to live in a foreign country they should, at the very least, respect the laws of that country and should not attempt to circumvent the immigration processes already in place. That the US government allows such circumvention does not, IMHO, take away from the original act of defiance.
... it's not fair for you (or anyone else) to say that everyone who does file for AOS instantly has no credibility.
IMO, people who overstay their I-94 and then marry with the sole purpose of remaining are doing something far worse than those who simply realise that they love someone and want to spend their life with them.
As Meauxna says, we don't all have to agree on it though!
Ian
Aug 21st 2005, 9:49 pm
#51
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Re: Aos From Vwp
Originally Posted by candy wy.
I am just one of thousands.
Ian
Aug 21st 2005, 9:56 pm
#52
Septicity
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Re: Aos From Vwp
Originally Posted by ian-mstm
Fair enough. I disagree!
Ian
Ian
My contention is that K1 visas are for yellow-bellied wimps and losers, only. I fully intend to start a campaign of vilification against any poster that asks questions about this particular method.
Aug 21st 2005, 10:00 pm
#53
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Re: Aos From Vwp
Originally Posted by ian-mstm
Well, I guess that makes it okay then!
Ian
Ian
Aug 21st 2005, 10:29 pm
#54
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Re: Aos From Vwp
Originally Posted by fatbrit
My contention is that K1 visas are for yellow-bellied wimps and losers, only. I fully intend to start a campaign of vilification against any poster that asks questions about this particular method.
Ian
Aug 21st 2005, 10:36 pm
#55
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Re: Aos From Vwp
Originally Posted by candy wy.
I have no problem with the way i did it.. if you have a problem with it, that is your problem not mine..
Ian
Aug 21st 2005, 10:45 pm
#56
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Re: Aos From Vwp
Originally Posted by ian-mstm
Perhaps, in your haste to continue your stance of self-righteousness against my stance of moral indignation, you missed my response to Stina! I'll repeat here for your benefit: "To be perfectly honest, I really don't care one way or another if a person adjusts status either while on a VW, or after violating the terms of their VW. It doesn't, after all, affect me in the least." So, which part didn't you understand?
Ian
Ian
[/QUOTE]I'll just add here that it is my personal belief that anyone who overstays on the VW should be banned for life from the US. Further, I believe that it should be illegal to enter the US on the VW and stay to adjust status. Lucky for you the US government disagrees. As for me not responding... bite me!
Ian[/QUOTE]
it seems to me you very much do care.
Aug 21st 2005, 11:02 pm
#57
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Re: Aos From Vwp
Originally Posted by fatbrit
And the same could be said about virtually all the questions on this board. Are you arguing for cessation of the board or that every answer should be prefixed with a disclaimer? And why o' why does this always happen for this particular question but is for the large part ignored for all other visas, even thought there is often an equally valid argument.
This particular question is considered a "10-foot pole" issue because there is such a fine line between doing it legally and doing it illegally. You cannot really say the same thing for those looking to apply for the K1 or the K3, or DCF.
~ Jenney
Aug 21st 2005, 11:08 pm
#58
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Re: Aos From Vwp
Originally Posted by candy wy.
it seems to me you very much do care.
Ian
Aug 21st 2005, 11:24 pm
#59
Septicity
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Posts: 23,762
Re: Aos From Vwp
Originally Posted by Jenney & Mark
That's not what I was saying at all, or else I would have said it.
This particular question is considered a "10-foot pole" issue because there is such a fine line between doing it legally and doing it illegally. You cannot really say the same thing for those looking to apply for the K1 or the K3, or DCF.
~ Jenney
This particular question is considered a "10-foot pole" issue because there is such a fine line between doing it legally and doing it illegally. You cannot really say the same thing for those looking to apply for the K1 or the K3, or DCF.
~ Jenney
I most certainly agree that posters have to be careful; they do not need, however, to be spiteful.
Aug 22nd 2005, 1:04 am
#60
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Re: Aos From Vwp
Originally Posted by fatbrit
The word "conspiracy" was floated on the smoke with suggestions of its dire consequences, but we currently have no evidence...
I wonder if a case could be made contending that those folks who use the VW to enter the US and who then stay to adjust status are co-conspirators with the 27 participating VWP countries in an attempt to otherwise bypass the existing US immigration processes. Curious, eh?
Ian