celebfail

Ben, yes I did go over on the VWP and stayed.. however as others have mentioned you shouldn't plan to do that.

I went over there with a return ticket and stayed, then went through the process. Another thing is that it cost me quite a bit of cash to get all my stuff sent over from the UK after, and all my documents etc I needed for the application process.

But as others have said, and it seems want me to warn others.. every case is different.

I am just explaining what happened to me :-)

Although one thing we were shocked about was I got my Green Card, working auth. and SSN all within 3 months of applying

Ginblossom

I freely admit to be slightly confused, and not being a visa expert, easy to do.

If it is illegal to enter under VWP with intent to remain and then attempt to adjust, which it is....(and which the OP says he did with success), why then after he applied for his various legal documents through his aos, was he not busted and refused as it would have been clear he broke the law?

As Ben Francis says, people could easily read this thread and attempt the same. Not recommended and the OP isn't I notice, but was this guy super-lucky or what......

I am not judging him btw, but Im just curious as to why there seems to be no enforcement of the law, unless Im missing something.

Congrats celebfail btw. You did it the way the world wants too by the sound of it!

S Folinsky

COMMENT: This topic has been a FREQUENT issue of discussion going back ten years. It is undisputed that many people do use the "VWP Express" to circumvent the immigration procedures. Many, if not most, end up just fine. HOWEVER, the applicant is at the total mercy of the CIS and ICE. If the case goes bad for any reason, the remedies are dire indeed and the applicant will be without any remedy whatsoever. [The experience of Carla Freeman is an example. She and her husband were happily married when her husband was killed in an auto accident. She ended up outside the United States with an approved I-130 but with a deportation barring her return. See this article]

Also, as you note, this may encourage others to do this. The person who recommends a violation of the law can be prosecuted. In reaction to "this never happens in immigration" -- it can and does happen tax law arena. Query: who wants to be the first to be prosecuted in the immigration arena. [BTW, over 20 years ago, the incoming president of the American Immigration Lawyers Association was indicted on a similar theory -- his fact situation actually led to a change in statue.]

Analogy: It is quite common for folks to exceed the speed limit. It is just as common for the cops to ignore minimal speeding [e.g. 74 mph in a 70 mph zone]. This does not mean it is legal to drive 74 mph.

This post is for general information only. No advice given nor intended.

meauxna

OP didn't say that is what he did at all.

Ginblossom

He didnt, but that is what in actuality happened.

My point was regardless or not whether he had an intend to stay there or he didn't when he first arrived, when he did his aos, he didn't get picked up on it.

meauxna

You were there?


The law allows considerable flexibility for foreign spouses of USCs who have been admitted.

Ginblossom

In that case, forget this forum, forget the lawyers, if it 's all that's easy.

meauxna

It is *not* 'that easy'. But you seem to want to try & convict this individual when we don't have all the information.

In general, this community definitely feels that preplanning a VWP entry/AOS is foolish; there are pinned threads and hot discussions about it all the time.

Maybe it would be better to start a new thread if you want to discuss generalities, instead of a specific individual from the forum.

celebfail

As I stated, We did not intend for me to stay.. but that is what happened.

Ginblossom, it wasn't as simple as you are making out either. I had to PROVE at the interview it wasn't my intention to stay, and trust me it wasn't easy but we did manage it.

I showed my return plane ticket that I had to go back to the UK, I also showed a resignation letter to and from the company I worked for the UK, showing when I resigned and a letter from friends/family stating that all my belongings/paperwork etc were all indeed in the UK.

jeffreyhy

cf,

The return ticket wouldn't count for much. Most people who come to the USA on a K visa, for example, have no intention of returning anytime soon, and they come on a round-trip ticket. As do people who come as visitors with no intention of returning. Why? Because a round-trip is usually cheaper than a one-way.

The other documentation that you used would be a lot more convincing.

Regards, JEff