CaliforniaBride

Now I'm confused.

I came to the US in May intending to marry my husband. Our wedding had been planned months ahead. I entered under the visa waiver program. At the end of 90 days I returned to the UK and began the I-129/1-130/K3 visa process.

In September I returned to the US, again under the visa waiver program. I am due to return to the UK this month. My US hubby is joining me and flying back with me in January.

According to my attorney (who has been right to date) I have done and am doing, nothing illegal.

CB

juliep

If you are planning on entering on the VWP be sure to bing plentyof evidence that you have striong ties to your home country. I have read of others doing this and having no problem entering as long as they were honest with their intensions. If you do come here, start the paperwork while you are here. There are plenty of applications that you will need to sign and sending them back and forth takes up so much time. But again just be honest with your intentions, and be prepared to answer why your family will not be attending the wedding. If you lie about your intensions, later on down the road it can come backto bite you. Visa Fraud could be considered, as the VWP is intended for non-immigratants.

juliep

According to everything that I have been told, entering on the VWP while having any pending applications can later be considered Visa Fraud, as you do actually have intensions of imigrating to the US. If this is a possiblity, then why can't my husband enter this way? We are also going through the I-130/I-129F/K-3 process.

meauxna

CB, don't be confused. There's nothing wrong with what you describe.

meauxna

Where does it read that it is Visa Fraud to enter the US on a VWP with a pending application?

CalgaryAMC

It's not. I think juliep was saying that if you enter the US permanently on a VWP with a pending application, then that would be fraud - and it might well be.

To simply come for a visit and return back again is perfectly legal.

That said, I understand it is almost impossible to enter even for a visit whilst an application is pending, because satisfying the officer at POE that you intend to leave is all the more difficult.

meauxna

hi,
I didn't see anything in juliep's post that indicated immigrating on the VWP; the implication was "visiting".

If you "understand" that it's nearly impossible to visit while one's application is pending, try a google group search for things like "visiting while K1 pending" or similar to see how to make the visit successful and legal. Proof of ties and in fact the petition itself can make the POE not a problem.

CalgaryAMC

I agree. I think the implication was that it was simply a visit.
I was referring particularly to the K-3. Technically you cannot be admitted as a visitor while this is pending. You're right, this can be overcome, so perhaps the term "nearly impossible" is too strong. It is very difficult.

CaliforniaBride

I don't agree Calgary. If you enter the US 'permanently' on a VWP does not make sense. How can you enter permanently? The permanency would not occur until 90 days had passed. If you enter intending to stay permanently and you follow through by staying permanently then you have overstayed and your K3 would NOT likely be issued. You would likely be deported and barred from entering the US.

As for entering the US on a VWP while an application is pending I can guarantee you that this is not 'almost impossible', far from it. Many spouses visit their partners while applications are pending. The fact that you have an application pending is not an indication in itself that you will not return. If anything it gives you more reason to return, it's an indication that you are doing everything legally.

The London Embassy website even give advice on what to do if you want to visit your spouse.

http://www.usembassy.org.uk/cons_web...e.htm#thirteen

You will find on this forum alone many people who have visited and are visiting their spouses in the US while an application is pending.

You can share my experience of POE

http://britishexpats.com/forum/showt...hreadid=185176

A search on this website and others should give you other cases in support of this.

CB

CaliforniaBride

Just read this post. Although you seem to have changed a little of what you have originally said. I must point out that your statement that 'technically you cannot be admitted as a visitor while this is pending' is grossly incorrect.

CB

CalgaryAMC

I will have to start being very careful about my language, I can see that.

What I was referring to here was the difference between entering with the intention of leaving (a visit) and entering with the intention of staying. I was attempting to address the question asked in this thread by saying that you can legally enter through the VWP to get married if you are going to leave again after the marriage. This is exactly what I did, since my wife (American) and I live together in Canada and were not interested in remaining in the US after our marriage. However, if the intention is to enter on the VWP, get married, and then attempt to adjust status, then that could be viewed as fraud.

My apologies for the lack of clarity.

The advice I have received has been that entry with a visa application pending is difficult at best and for people from some countries and in some situations it is all but impossible. However, I did read the post about your experience and so clearly I am in error.

I am fortunate in that, as I've said, my wife and I are together in Canada whilst this processing is going on. I do feel for others who are apart.

Yes, the time of my edit is timestamped. I edited for clarity because I think some of my comments have been taken out of context. I was assuming that people were reading the posts in succession and I see that my comments might not have made sense if that is not the case.

CalgaryAMC

If it is grossly incorrect, I apologise. I hope I can be forgiven though:
http://www.newzcentral.com/articles/...nt/daily02.txt

Mattias Hembruch

In article <[email protected]>,
CalgaryAMC <member18489@british_expats.com> wrote:
    >Originally posted by meauxna
    >> Where does it read that it is Visa Fraud to enter the US on a VWP with
    >> a pending application?
    >It's not. I think juliep was saying that if you enter the US permanently
    >on a VWP with a pending application, then that would be fraud - and it
    >might well be.
    >To simply come for a visit and return back again is perfectly legal.
    >That said, I understand it is almost impossible to enter even for a
    >visit whilst an application is pending, because satisfying the officer
    >at POE that you intend to leave is all the more difficult.

Depends how you visit, I think..

I had very little difficulty, flying from Toronto to San Francisco..

If you drive, that might a different story..

Mattias

Mattias Hembruch

In article <[email protected]>,
CalgaryAMC <member18489@british_expats.com> wrote:
    >Originally posted by meauxna
    >> hi,
    >> I didn't see anything in juliep's post that indicated immigrating on
    >> the VWP; the implication was "visiting".
    >>
    >Neither did I. I think the implication was that it was simply a visit.
    >>
    >> If you "understand" that it's nearly impossible to visit while one's
    >> application is pending, try a google group search for things like
    >> "visiting while K1 pending" or similar to see how to make the visit
    >> successful and legal. Proof of ties and in fact the petition itself
    >> can make the POE not a problem.
    >>
    >Perhaps. The word impossible is too strong, but I dispute that it is
    >"not a problem." It can be done, certainly, but it is not easy and
    >careful preparation is required. There are some cases where I would say
    >it is, for all intents and purposes, impossible.

SOME cases, yes. It CAN be quite easy, though.

I took 5 minutes to get through US customs, and that included filling out a
new I-94W..

Mattias

meauxna

This web-forum merely replicates alt.visa.us.marriage-based to/from Usenet. Editing done here does not always make it to Usenet, so there are 2 versions of your post now living on and on.