md95065

No need to apologize for that - this is the British Expats Forum, not the English Expats Forum ...

BobbeD

Hi there,

I originally had exactly the same thoughts as you - so long as we're sneaky (i.e. no wedding dress in the suitcase!) why can't I just come in on VWP and get married and apply for adjustment of status? Seemed crazy to do it any other way. My USC partner and I had a date planned for this and everything. We even had a lawyer tell us this would probably be ok. But the more I started reading up about it the more I realised it could potentially turn into a nightmare - if they found 'intent' I could be forced to leave and our whole future together jeopardized, or just as bad I could be stuck in limbo for a very long time while it was being resolved, with no clear legal status and possibly no way to leave the country to visit my family etc. My partner and I decided our future together was too important for a risk that big, so we bit the bullet, got married and applied for an immigrant visa. Now we're playing the waiting game, which isn't much fun, but we're visiting each other as much as we can and I'm using the time to tidy up my life here and say goodbye to people. And we have the comfort of knowing that when we're finally together there'll be no worries about getting caught out or having to argue our case - it'll all be done.

As everyone has already said, at the end of the day it's your call, but I know I'm glad I made the choice I did.

AlanR

Well done on making the right choice. You are to be commended.
At least you can sleep easier at night not worrying that something horrible could happen. And you'll be reading, I'm sure, on how the USCIS is beginning to close this avenue of marrying, staying and adjusting on VWP. Or at least making it much, much harder.

amythyst

Wow... lots of info about this I see!

amythyst

And from reading all the posts very controversial.

ian-mstm

Only if you decide to go about things arse backwards! Not controversial at all if you do things correctly.

Ian

meauxna

Your opening post seemed like you were aware of that already!

Mr Smith

I have that "30/60 Day" Policy in writing, given to me by my lawyer whom was (I imagine) committing malpractice by stating it was fact, and that USCIS cannot even bring the topic up after 60 days of entry.

In reality the policy-declaring blurb, dated 1991, was from the State Department to consular and diplomatic officers. The actual subject was about aliens who come to the US as visitors, work illegally or look for "illegitimate" employment, and then leave and apply for an immigrant visa overseas, and in such cases whether to apply the misrepresentation exclusion. It is completely irrelevant to the USCIS, nevermind VWP entry immigrant applicants.

Does USCIS have a similar policy? Probably. But not to the letter, for sure, and I strongly doubt there is any policy that prohibits them from doing anything altogether in any circumstance.

I wish mitigating circumstances warranting an immediate entry was worth something, somewhere. It is only intent and, if that fails, extreme hardship (not sure in this case if it is USC only.)