annie31

Hi all,

Just a question really to clear something up.

Is it legal to come from the UK on the VWP, to visit fiance, and get married on the spur of the moment kinda thing, and then change status over there, without coming back to UK?.

Not what we are planning to do, as we are trying to get the fiance visa for him to come over to UK, its just that i have heard conflicting opinions whether it can be done or not, and just wondered if anyone on here knew if it was legal or not.

Thanks in advance
annie31

Hypertweeky

Hey there Annie:
Spur of the moment speaks for itself.. "occuring or developing without premeditation". You already have the though in your head.. so yours isn't the case.
As for the latter option I think is MUCH better, the peace of mind of doing things the "right" way feels great. There are others who took the VWP to AOS road.. that can tell you how hard it is.
I know you don't want to be separated from your beloved.. no one does but if what you suggested was legal there wouldn't be need for K1's and K3's visas..

ian-mstm

It is legal if, when you enter the US, there is *no* prior intent to stay in the US to adjust status. I usually get a lot of flack for my view on things, but I'll say it anyway... just become something is legal, it doesn't necessarily mean it's a good idea. IMHO, if you even ask the question, the intent exists. Others, however, feel differently. Go figure!

Ian

Folinskyinla

Hi:

I'm amazed at how often the "10-foot pole" guestions get asked. I don't know why I keep harping on it -- not that I would advise violation of the law [I'm not allowed to do it in any case], but such violations DO create business for immigration lawyers. Guess I'm a little too alturistic.

scrubbedexpat099

Perhaps because the US Gov allows the option?, would make much more sense to either do away with it or get rid of the intent issue.

ControlFreak

Also, if you try to adjust from the VWP, you waive your right to appeal if your application is denied.
Something I wasn't aware of when I did it!

CF

scrubbedexpat099

True.

But how many times is this an issue?

Folinskyinla

Hi:

Pedantic Stuart comments: there is NEVER an appeal from denial of an adjustment by USCIS. However, there IS a right [sometimes] to "renew" the application before the immigration judge, if and when, you are placed in proceedings. Since several people had won in litigation that they were therefore ENTITLED to a removal proceedings pursuant to the regulation, the regulation was amended to clarify that right of renewal is NOT the same as entitlement to a proceeding.

That said, there MAY be rights of review in "Article III" courts -- but that is a gray area of the law.

CarlM

Where is Manc when we need him??

ian-mstm

True! I know that Manc and I differ fundamentally on this issue and that is understandable, but he has great passion and that is truly a rare quality!

Ian

meauxna

In "American" he's pissing off the natives over in the USA forum, by the looks of things.

cindyabs

Uneasy lies the head that wears the crown...............

ControlFreak

I try not to tempt fate.
With the way my luck's been going, I'll be the one that gets denied!

CF

scrubbedexpat099

Tempt fate?

Live in Texas?

A bit of a non sequitae?

Life is full of chance, everybody is entitled to their own view of there particular exposure.

I did not, would not have fitted my circumstances, but the risk factor looks on the level of a round trip across the Atlantic.

Stina

It is a "ten-foot-pole" issue, but yes, it can be done - with a few caveats.

There must be no intention of remaining in the US when you enter on the VWP, so a marriage of this type does have to be unplanned and spur of the moment. The minute you think about entering on the VWP with the intention of changing status, you're doing bad, naughty things.

There are a few of us dotted around who have done or are doing it, but it's by far and away safer to do what you're doing and get the K visa.