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Old Jan 22nd 2004, 10:06 am
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Default Travelling on a VWP then marrying?

I spoke with an very reputable immigration law firm today in the US about their services and costs to obtain the Fiance VISA.

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Old Jan 22nd 2004, 10:29 am
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Default Re: Travelling on a VWP then marrying?

Originally posted by Minty
I spoke with an very reputable immigration law firm today in the US about their services and costs to obtain the Fiance VISA. She said that in her experience a lot of people who go for the VISA are those who don't have access to the VWP. She also said that all of the people she has helped from the UK have enterred the US using the VWP then gone through an AOS procedure after marrying in the US.

I here what she is saying but feel a little nervous about that route. Does anyone have any experience of getting married in this way and what are the pitfalls. I understand that we will require an interview since I would have breached the terms of the VWP and would need to convince immigration that on entry marriage was not my intention.

Nervously!!

Minty
Hi Minty,
Just curious; when you spoke with this attorney... did she render her advice in a private conversation in her office, or did you call into a radio talk show and she rendered her advice over the air for all the world to hear?

If in a private setting, before asking her opinion, did you tell her that you would be broadcasting her advice for all the world to read? Had the attorney known that, that might influence what she might tell you.

Plus in your posting above, you mention what the attorney said concerning the attorney's observations of what "other" people might have done in the past. Did this attorney tell you to immigrate with a nonimmigrant option? If so, may I have this attorneys name and number please (she needs to be made aware that what she's telling people in private conversations is not really private at all and is being broadcast to the world at large)?

As far as the "pitfalls" that might happen along the way into the U.S., I'll let Paul Gani tell you that ;-).

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Old Jan 22nd 2004, 10:49 am
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Default Re: Travelling on a VWP then marrying?

Originally posted by Matthew Udall
Hi Minty,
Just curious; when you spoke with this attorney... did she render her advice in a private conversation in her office, or did you call into a radio talk show and she rendered her advice over the air for all the world to hear?

If in a private setting, before asking her opinion, did you tell her that you would be broadcasting her advice for all the world to read? Had the attorney known that, that might influence what she might tell you.

Plus in your posting above, you mention what the attorney said concerning the attorney's observations of what "other" people might have done in the past. Did this attorney tell you to immigrate with a nonimmigrant option? If so, may I have this attorneys name and number please (she needs to be made aware that what she's telling people in private conversations is not really private at all and is being broadcast to the world at large)?

As far as the "pitfalls" that might happen along the way into the U.S., I'll let Paul Gani tell you that ;-).
I'm a little confused about your response. Are you saying it's ok for the attorney to tell her that she should enter on the VWP to marry and adjust status from there? I thought doing that (entering the country on the VWP with the intention to marry) is a big no-no? I don't really understand why you are telling her it's wrong to raise her concerns in public. It seems quite reasonable to me, especially if she's heard other people talk about how "dangerous" it is and then gets told by her attorney that she should do it.
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Old Jan 22nd 2004, 10:49 am
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Default Re: Travelling on a VWP then marrying?

Originally posted by Minty
I spoke with an very reputable immigration law firm today in the US about their services and costs to obtain the Fiance VISA. She said that in her experience a lot of people who go for the VISA are those who don't have access to the VWP. She also said that all of the people she has helped from the UK have enterred the US using the VWP then gone through an AOS procedure after marrying in the US.

I here what she is saying but feel a little nervous about that route. Does anyone have any experience of getting married in this way and what are the pitfalls. I understand that we will require an interview since I would have breached the terms of the VWP and would need to convince immigration that on entry marriage was not my intention.

Nervously!!

Minty
Somehow I wouldnt be happy paying money to a lawyer that would give out advise like that. Guess you do what you think you have to do but I think posting it on here was foolish afterall you never know who might be lurking around reading these postings. All I can say is as hard as the long wait was I am happy that we did everything by the book & all is above board & legal.
Goodluck in what ever you decided!
Cheers
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Old Jan 22nd 2004, 11:01 am
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Default Re: Travelling on a VWP then marrying?

Originally posted by Steffi
I'm a little confused about your response. Are you saying it's ok for the attorney to tell her that she should enter on the VWP to marry and adjust status from there?
Hi Steffi.
No, I’m not saying that at all. What I do when people call me about this is to spell out their options, and if some of those options entail risks I spell out those risks as well. I also tell them that I cannot advise someone to commit an illegal act.

Originally posted by Steffi
I don't really understand why you are telling her it's wrong to raise her concerns in public. It seems quite reasonable to me, especially if she's heard other people talk about how "dangerous" it is and then gets told by her attorney that she should do it.
I’m not saying its wrong for her to raise her concerns. Quite the contrary, it was wise for her to raise her concerns. What I said was that if the attorney knew she was rendering legal advice for all the world to read, that might influence whether or not that attorney would be advising her to commit an illegal act at the POE. I’ll bet that attorney had no idea Minty would be retelling the attorneys advice to the public, and it sounds like a lesson that attorney needs to learn.

I like the way Folinskyinla once put it…. that when looking at a potential client sitting across the desk, envision a microphone going straight to the prosecuting attorney’s office. If an attorney would not tell someone to commit an illegal act (render that information in a public setting) in front of the prosecutor, one should not do it in a private setting either (especially now that anybody with a computer can rebroadcast that to the entire world).

Minty, if you don’t want to divulge that attorneys name and number (nor do I really think you should), than at least do her a favor and send her a link to this thread and tell her to take a look. Thanks, and good luck with your wedding and marriage.

Last edited by Matthew Udall; Jan 22nd 2004 at 11:04 am.
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Old Jan 22nd 2004, 11:17 am
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Default Re: Travelling on a VWP then marrying?

    > > As far as the "pitfalls" that might happen along the way into the
    > > U.S., I'll let Paul Gani tell you that ;-).

Go read this:

http://groups.google.com/groups?hl=e....supernews.com

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Old Jan 22nd 2004, 11:54 am
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Default Re: Travelling on a VWP then marrying?

"Matthew Udall" <member3997@british_expats.com> wrote in message
news:[email protected]...
    > No, I'm not saying that at all. What I do when people call me about this
    > is to spell out their options, and if some of those options entail risks
    > I spell out those risks as well. I also tell them that I cannot advise
    > someone to commit an illegal act.

Are you stating that you tell clients that entry as a tourist is an option?
And then later mention that the option entails significant risk and you
cannot advise them to do it because it is illegal?

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Old Jan 22nd 2004, 1:12 pm
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Default Re: Travelling on a VWP then marrying?

Originally posted by Paul Gani
Are you stating that you tell clients that entry as a tourist is an option?
Assuming you are talking about immigrating with a nonimmigrant option (someone is currently outside the U.S. wanting to immigrate with a nonimmigrant option such as a tourist visa or VWP), if they ask about doing this (they usually say they read about doing this on the net somewhere), I point out that this would require the commission of an illegal act at the POE and I tell them the consequences that could attach for that illegal act.

And if someone said they were going to do that anyway and wanted my help, I'd tell them to find another attorney as I'm not interested.

If you search the old postings, you will see where I’ve discussed this before in the context of a young man that once called and was sure he could do this since he “read it on the net�. He could not accept the illegal act at the POE part, and eventually blurted out a curse word at me and slammed down his phone. That’s OK, I don’t need clients like that.
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Old Jan 22nd 2004, 1:44 pm
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Default Re: Travelling on a VWP then marrying?

What a fine link.....those were the days!

Grinch

"Paul Gani" <[email protected]> wrote in message
news:[email protected]...
    > > > As far as the "pitfalls" that might happen along the way into the
    > > > U.S., I'll let Paul Gani tell you that ;-).
    > Go read this:
http://groups.google.com/groups?hl=e...lm=urqsesoart7
c0c%40corp.supernews.com
    > Paulgani
 
Old Jan 22nd 2004, 2:26 pm
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Default Re: Travelling on a VWP then marrying?

Originally posted by Matthew Udall
Hi Steffi.
No, I’m not saying that at all. What I do when people call me about this is to spell out their options, and if some of those options entail risks I spell out those risks as well. I also tell them that I cannot advise someone to commit an illegal act.

Somehow I wish the US would follow the UK's example in respect of this issue:-

***Q: If I got married on the spur-of-the-moment while on a visitor's visa, do I have to leave the country to apply?
A: The IND used to allow applicants who got married on the spur-of-the-moment to obtain a marriage visa if they could prove that the marriage was unplanned previous to their arrival in the UK on a visitor's visa, but the risk was still much higher that the application would be denied. However, the rules have been changed to close this loophole entirely and it is no longer allowed at all. If you do apply on this basis, your application will absolutely be denied and you will be facing having to leave on your own volition or be deported. ***
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Old Jan 22nd 2004, 2:37 pm
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Default Re: Travelling on a VWP then marrying?

Originally posted by 207lonsdale
Somehow I wish the US would follow the UK's example in respect of this issue:-

***Q: If I got married on the spur-of-the-moment while on a visitor's visa, do I have to leave the country to apply?
A: The IND used to allow applicants who got married on the spur-of-the-moment to obtain a marriage visa if they could prove that the marriage was unplanned previous to their arrival in the UK on a visitor's visa, but the risk was still much higher that the application would be denied. However, the rules have been changed to close this loophole entirely and it is no longer allowed at all. If you do apply on this basis, your application will absolutely be denied and you will be facing having to leave on your own volition or be deported. ***
Belated Congratulations on your wedding Lonsdale!
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Old Jan 22nd 2004, 2:44 pm
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Default Re: Travelling on a VWP then marrying?

Ok, someone please tell me, am i screwed? I got married, then went home. Then came back, then went home again. This is the 3rd and final time i came here, and filed for AOS. I got my interview soon. I wasnt planning to stay any of these times for various good reasons. But, now i have.
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