Mystee

hi everyone,
I was wondering if anyone knows if it is possible to marry on the visa
waiver program, im from Australia and my b/f lives in the U.S.A. Is it
possible for me to enter on the waiver program for 90 days and during
that time marry and change my status..
thanks
mystee

L D Jones

mystee wrote:
    >
    > hi everyone,
    > I was wondering if anyone knows if it is possible to marry on the visa
    > waiver program, im from Australia and my b/f lives in the U.S.A. Is it
    > possible for me to enter on the waiver program for 90 days and during
    > that time marry and change my status..

It is illegal to enter the US on the visa waiver program with the intent
to immigrate

Consider marriage and direct consular filing (DCF) in Sydney. I'm not
certain but your then husband may not need to be resident in Australia
to do DCF. Contact the consulate for more information.

Mystee

Im a little confused, i have no idea what a DCF is?, and do you mean
that we marry in sydney and then file paperwork?.. so its illegal to
enter the us on the visa waiver program with the intent to immigrate,
but what if i was there soley to work out our relationship and during
those 90 days we on the spur of the moment decided to marry..What is
the ruling with that??,
thanks
mystee

L D Jones wrote in message news:...
    > mystee wrote:
    > >
    > > hi everyone,
    > > I was wondering if anyone knows if it is possible to marry on the visa
    > > waiver program, im from Australia and my b/f lives in the U.S.A. Is it
    > > possible for me to enter on the waiver program for 90 days and during
    > > that time marry and change my status..
    >
    > It is illegal to enter the US on the visa waiver program with the intent
    > to immigrate
    >
    > Consider marriage and direct consular filing (DCF) in Sydney. I'm not
    > certain but your then husband may not need to be resident in Australia
    > to do DCF. Contact the consulate for more information.

dbark

Mystee,

If you are planning this now, how will it be spur of the moment? It seems to be a lot of people's opinion, that if you do this, there is a possibility that the POE officials may suspect, and ask you questions. Then, if you lie to them, it can have stronger consequences.

To read more, I suggest you look here:

http://britishexpats.com/forum/showt...hreadid=130457

Good luck

Debbie

ScarlettHill

Spur of the moment marrying on visa waiver is no longer possible for you. The very fact that you are discussing this here proves you have the intent to marry. Entering on a visa waiver in these circumstances is illegal. You are playing with fire and risking a ban from the US. A DCF is Direct Consular Filing whereby you marry where you are and your fiance applies for you directly at the embassy. Not all consulates do this but you may be lucky. Your other choice is for him to petition for a K1 fiance visa. Check out the top thread on the expats board for useful sites to explain these processes. All the paperwork seems tough when all you want is to be together. But it's survivable, as many here will testify. Welcome to the waiting room.


Regards
-=-
Scarlett

trasmus

Hi,

During the time my husband and I were still fiance/fiancee, we were advised by an attorney (Pro-Bono) NOT to do this. Because as Scarlette just said, it just proves that you DO have the intent to marry when you enter into the U.S. and this could cause major problems in the long run. We were advised to file the I-129 petition for fiance visa instead, and it turned out well for us. Yes, we had to wait a while, but if you truly want to be together, then waiting is what you will have to do. Often times, we get in too much of a rush to get things done HERE, NOW, QUICK, FAST and in a HURRY, when what we really need to do is sit back and wait for a bit. We've all been there and we all know what the wait is like, but it would be much better in the long term scheme of things and MUCH more sensible to boot, if you did it the way BCIS has it set up to be done. File for the K-1 visa, it's the safest and more practical way to go.

T.R.

JeffB

Hate to play devils advocate, but here I go.
If you can find any way to get a Visa to enter the US and then Marry once you are here, you can file for an AOS right afterwords. If you tell anyone during the Visa process or POE that you have a Fiancee or Boyfriend/Girlfriend in the US then you risk being denied the Visa or entry based on them assuming you will not leave once inside. Like always, the trick is getting here, the rest is just doing the paperwork or hiring an a attorney to sort out the rest. I think most of us would Love to be able to have an opportunity to have our significant others here for just one day, we would keep them here and use whatever means nessessary to make it stick. We are talking about our hearts here and I know what it feels like each day to be thousands of miles away from My Loved One and how much it hurts, I would not wish this pain on anyone, if you can circumvent this Godforsaken redtape that keeps us apart, go to your Love.

robclews

I totally disagree with your thinking, suggesting to someone that it is acceptable to commit fraud is irresponsible. To enter into the USA with the intent to immigrate is just that, not only does it place the immigrant in the position where they have committed an offence, but it undermines the whole basis of the system. Red tape is there not to hinder those of us who chose to go the legal route and suffer the pain of waiting.

Ok so it hurts to wait, what makes you think that anybody is above the system, there are genuine spur of the moment marriages on waivers and good luck to them, but to coldly calculate a way to deceive the system is not the way to go.

This forum is here to offer people advise and answers to their questions, to offer that sort of advise and suggest that it is ok to defraud the system has no place here.

JeffB

There is nothing illegal about marrying and changing status. The process is not illegal, disclosing on your Visa application that I would Love to visit the best friend I have in the world is not a lie, and I don't think I remember seeing the questions asking about my feelings towords my best friend in the Visa application. There is no fraud here, when opportunity comes are we not taught to work smarter not harder? Red tape is red tape not a right of passage, you go ahead and wear your suffering as a badge of honor if you wish, but please don't push that BS on me.

robclews

Where is there any BS. To enter on a visa waiver with the intent to immigrate through marriage while in the country on a VW is fraud. You have expressed a desire to enter the country as a visitor when that is not your intention.

What do you think the K1 process is there for, to keep government officials in jobs ?

Patrick

This has been done to death on this NG, there is always one asshole and congratulations Jeff, today it is you. We have gone over this a thousand times in this NG - if someone goes to the US then marries and AOS then they are adults and they can do that if they want but it is unethical to tell people to go a head and do it. The option is open to them but by you blatently telling them it is OK (after everyone else has told them there legal stance) is down right irresponseble.

Please post responsibly or don't post at all

Patrick

Ron

Jeff,
I second your motion! ;-)

Mystee, it IS illegal to enter on visa waiver with intent to marry. There
have been many heated discussions on this matter; search the NG, learn all
the RISKS and benefits. There have been several folks post their successful
experience of marrying on visa waiver and adjusting status. Make an
informed decision.


"JeffB" wrote in message
news:[email protected]...
    > Hate to play devils advocate, but here I go.
    > If you can find any way to get a Visa to enter the US and then Marry
    > once you are here, you can file for an AOS right afterwords. If you tell
    > anyone during the Visa process or POE that you have a Fiancee or
    > Boyfriend/Girlfriend in the US then you risk being denied the Visa or
    > entry based on them assuming you will not leave once inside. Like
    > always, the trick is getting here, the rest is just doing the paperwork
    > or hiring an a attorney to sort out the rest. I think most of us would
    > Love to be able to have an opportunity to have our significant others
    > here for just one day, we would keep them here and use whatever means
    > nessessary to make it stick. We are talking about our hearts here and I
    > know what it feels like each day to be thousands of miles away from My
    > Loved One and how much it hurts, I would not wish this pain on anyone,
    > if you can circumvent this Godforsaken redtape that keeps us apart, go
    > to your Love.
    > --
    > Posted via http://britishexpats.com

Ranjini

Leave the BS out .... there are risks involved. No one can say go ahead and do it - just like that. Why would you want to take the risk of being banned from the US and sent back home, if the INS is able to prove "immigant intent" at the POE and make it stick? Personally, it's not a risk I would want to take...

Just Jenney

Ditto that, Rob.

JeffB is splitting hairs. He wants to believe that there's nothing fraudulent with stating on a tourist visa application that you'd "love to visit [your] best friend" is so long as you don't tack on "... and during my visit, marry her and adjust status in order to live in the US permanently."

The tourist visa and VWP are for tourists. Tourists don't immigrate; doing so is violating the terms of their visa. Marrying and then adjusting status is what an intending immigrant does. So if you are an intending immigrant, then you need a visa which allows you to do just that -- such as the K-1 visa, or the K-3 visa if you're already married.

~ Jenney

JeffB

The BS is where you feel deprived when someone has an easier time getting thru this than you did, excuse me while I lace up my boots, and everyone who comes here from another country is here to visit upon arrival and is still subject to all our laws and procedures.
Oh I should keep my opinions to myself? ooops, sorry I woke up in America this morning.
And thank God we have a right to express our opinions!