eggysbrain

i am not being self righteous, I am giving my advice and experience to try and help other people.
I was under the assumption that that was what this NG was for.
Why lie to people and give them false hope? At the end of the day if your marriage is genuine and so are your intentions, you will be fine.

candy wy.

who has lied?????????????? who has given false hope??? an attorney was the one in the thread that i pointed to who said its a grey area.
i just have differnet opinion than you do.
does that make me wrong?
no where was it asked if she should get married and aos on the vwp.
she asked is a aos denial could be appealed. you say no. i say possibly.

eggysbrain

well, this is really going nowhere, so lets just leave it at that.

candy wy.

ok. i have sent you a pm.

eggysbrain

ok sure, i replied

candy wy.

is this the one that also had marriage and document fraud. the husband was german.

Rete

No it was an issue of preconceived intent of marriage when entering the US. The examiner found that the arrival of his family from Germany for the ceremony in Vegas and that they had bought the tickets prior to his entry to the US to prove he entered the US with the intent to marry and remain to adjust status.

Scarlett2004

Thanks to all of you for replies. Actually I am not the one who might be in this situation; it is someone I know who did come in on waiver and then got married just before having to leave. In this case, there was definite intent to stay but I doubt that immigration will be able to prove that since there is a "bona fide" marriage in the legal sense anyhow. There are, however, a couple of other problems which will definitely cause inadmissibility if they are discovered. The only question is how thorough an investigation immigration does.

By the way, for anyone who has come in on under visa waiver, how closely do they question you about what you are going to be doing during your visit?

Scarlett2004

Thanks for the replies--actually I was just curious as this situation may happen to someone I am acquainted with. Came in on visa waiver for drug treatment and then got married just before 90 days were up. I am sure that the marriage will pass the "bona fide" test but what about the drug problem? Isn't this one of those medical conditions of inadmissibility for which no waiver is available? Would they have necessarily known about what this person was coming in for if the VWP was used? Just wondered how closely they question you about purpose for visit to US.

candy wy.

i can't comment as i have not read the case, i could only find the one i mentioned. i don't know if they were connected, but it is around the same date.

candy wy.

drug problem a medical condition??????
if you are talking illegal drugs i think they would probably have a lot of problems with aos. imo.

Scarlett2004

Yes, I do mean illegal drugs. Drug addiction/drug abuse is listed as a "medical condition of inadmissibility" on the immigration website. And I seem to remember that there is no waiver--there is a provision that if the person has been in "remission" for at least 3 years then it doesn't apply. I think this is supposed to be covered in the medical exam but some drugs would not show up in a drug test after a certain amount of time. The only thing would be the honesty of the person applying for AOS.

That's why I was wondering what the POE people ask when you come in under visa waiver program.

Scarlett2004

THIS IS FROM THE IMMIGRATION AND NATIONALITY ACT:

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY



Sec. 212. [8 U.S.C. 1182]


(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:


(1) Health-related grounds.-


(A) In general.-Any alien-


(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,


(ii) 1/ except as provided in subparagraph (C) 1a/ who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,


(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-


(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or


(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or


(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

candy wy.

it also askes on the 1-485 if you have commited any crimes.
drug use is a crime so to answer no would mean lying.

Scarlett2004

Very interesting, candy. I guess this means that if this person gets a visa, it means that a lot of lying went on. It really makes me feel bad for people who are tyring to be honest and do things the right way and who are having to jump through hoops. I personally believe that anyone here on tourist visa or VWP who gets married to USC should have to go back to their country and go through same process as those who are getting spouse or fiance visa the "right" way. Just MHO.