VWP and intent to stay - legality
#16
Forum Regular
Joined: Jan 2012
Posts: 36
Re: VWP and intent to stay - legality
My interviewing officer did not ask what my intent was when entering the country,more so interested if i had any criminal convictions.
However there is no way i would suggest anyone else go that route...you may well enter that room and there is a good chance you will not leave the same way.
VWP-AOS-GC
However there is no way i would suggest anyone else go that route...you may well enter that room and there is a good chance you will not leave the same way.
VWP-AOS-GC
#18
Re: VWP and intent to stay - legality
Lol I could not see myself blowing the whistle on those people and besides I wouldn't even know where to find them. They were just people I've met along the way and we exchanged immigration stories and a bit of our back grounds as you do. The 'funny' thing was that I was made to feel like the idiot when I was telling them about all the hassles and the lengthy, costly process of the K1. I got that puzzled look and was asked, why I hadn't just got married
#19
Re: VWP and intent to stay - legality
Lol I could not see myself blowing the whistle on those people and besides I wouldn't even know where to find them. They were just people I've met along the way and we exchanged immigration stories and a bit of our back grounds as you do. The 'funny' thing was that I was made to feel like the idiot when I was telling them about all the hassles and the lengthy, costly process of the K1. I got that puzzled look and was asked, why I hadn't just got married
#20
Re: VWP and intent to stay - legality
Never feel like an idiot because you chose the secure immigration route. You never have to worry about USCIS finding out your dirty little secret and stripping you of your green card or citizenship. It might be very rare for USCIS to do that, but they have the power to do it.
#21
Re: VWP and intent to stay - legality
Lol I could not see myself blowing the whistle on those people and besides I wouldn't even know where to find them. They were just people I've met along the way and we exchanged immigration stories and a bit of our back grounds as you do. The 'funny' thing was that I was made to feel like the idiot when I was telling them about all the hassles and the lengthy, costly process of the K1. I got that puzzled look and was asked, why I hadn't just got married
#22
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: VWP and intent to stay - legality
#23
Re: VWP and intent to stay - legality
Sure they can, but not USCIS. However, once you get to citizenship I think you should be able to relax a little unless you're a genocidal war criminal or some such. I just don't read about folks having their citizenship stripped for some minor porkie told 25 years ago. If one were to worry about it continually, I'd suggest a little weed in the evenings to self-medicate.
#24
Re: VWP and intent to stay - legality
I'm thinking of it like queuing up to get into a popular nightclub, versus marching up to the front and bluffing your way onto the VIP list. What could go wrong?
#25
Forum Regular
Thread Starter
Joined: Dec 2010
Location: California
Posts: 101
Re: VWP and intent to stay - legality
"technically" or otherwise, what she's doing is not illegal. What will be illegal, in the sense that the law does not allow it, will be for the USCIS case officer who conducts the interview to approve the adjustment of status application if the officer realizes what the applicant's intentions were when he entered the USA.
I believe she mentioned driving to Denver for the interview, though I don't actually know where the districts/sub-offices for this process are located, given that I did the whole process through the CR-1 route. Are some districts worse than others?
#26
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Thread Starter
Joined: Dec 2010
Location: California
Posts: 101
Re: VWP and intent to stay - legality
That's a fine sentiment, but it suggests that when I started the process, I saw there were two legal routes, and I chose the one that required me to be separated by my husband for the first year of our marriage. Which makes me feel like she's accusing me (and everyone else who did K1 or CR1/IR1) of being a fool. Can't say I appreciate that, especially since she clearly did very little research into the immigration process before starting.
#27
Re: VWP and intent to stay - legality
I feel the same way... My friend is convinced that since nothing bad has happened yet, it's a perfectly valid, legal immigration route. When I ask her why she thinks I didn't do it the same way, she says we just chose different routes (to each her own).
That's a fine sentiment, but it suggests that when I started the process, I saw there were two legal routes, and I chose the one that required me to be separated by my husband for the first year of our marriage. Which makes me feel like she's accusing me (and everyone else did K1 or CR1/IR1) of being a fool. Can't say I appreciate that, especially since she clearly did very little research into the immigration process before starting.
That's a fine sentiment, but it suggests that when I started the process, I saw there were two legal routes, and I chose the one that required me to be separated by my husband for the first year of our marriage. Which makes me feel like she's accusing me (and everyone else did K1 or CR1/IR1) of being a fool. Can't say I appreciate that, especially since she clearly did very little research into the immigration process before starting.
I entered on a VWP with no intent (actually no romantic attachment to my now husband) The morning we got married, we consulted an immigration attorney, who down played any issue of being out of status.
#28
Just Joined
Joined: Sep 2012
Posts: 29
Re: VWP and intent to stay - legality
My Fiancé (USc) and I have (UKc) been looking in to the possibility and legality of us marrying in the US. However, our intent is solely to marry there - due to work commitments, I would have to return to the UK shortly after the marriage.
We didn't want to end up doing anything illegal, and there is so much conflicting information on the internet, that we thought it might be better to contact the USCIS and ask them outright whether this is legal.
They told my fiancé that it was perfectly legal to marry in the US under a tourist visa (or, in my case, under the visa waiver program) as they cannot regulate if/when we got married - many people travel to the US to get married (think Vegas weddings, for example). He said, however, that the problems begin to arise if you do not leave before your tourist visa/90 days (VWP) expire, and attempt AOS whilst in the US - they would then view this as entering the country with immigrant intent, which is one of the conditions outlined with Tourist Visas / VWP. He said that the only way to ensure that you are not denied the right to stay in the country permanently is to return home and apply for the spousal visa, or relative petition whilst you are in your own country.
Yes, this means spending possibly up to a year apart after marriage. But surely that's better knowing that the route you have taken is completely legitimate and there is a lot less chance of being refused residency in the US?
This is the route I would prefer to take - it might mean that I cannot visit the US in that time period, but there's nothing stopping my partner visiting me.
(My apologies if this information isn't entirely relevant to the situation - just thought I'd share the information straight from the horses mouth, so to speak)
We didn't want to end up doing anything illegal, and there is so much conflicting information on the internet, that we thought it might be better to contact the USCIS and ask them outright whether this is legal.
They told my fiancé that it was perfectly legal to marry in the US under a tourist visa (or, in my case, under the visa waiver program) as they cannot regulate if/when we got married - many people travel to the US to get married (think Vegas weddings, for example). He said, however, that the problems begin to arise if you do not leave before your tourist visa/90 days (VWP) expire, and attempt AOS whilst in the US - they would then view this as entering the country with immigrant intent, which is one of the conditions outlined with Tourist Visas / VWP. He said that the only way to ensure that you are not denied the right to stay in the country permanently is to return home and apply for the spousal visa, or relative petition whilst you are in your own country.
Yes, this means spending possibly up to a year apart after marriage. But surely that's better knowing that the route you have taken is completely legitimate and there is a lot less chance of being refused residency in the US?
This is the route I would prefer to take - it might mean that I cannot visit the US in that time period, but there's nothing stopping my partner visiting me.
(My apologies if this information isn't entirely relevant to the situation - just thought I'd share the information straight from the horses mouth, so to speak)
#29
Re: VWP and intent to stay - legality
Ruby - this is exactly what my wife and I have/are doing. It'll be our 1 year anniversary on October 15th.
#30
Just Joined
Joined: Sep 2012
Posts: 29
Re: VWP and intent to stay - legality
Did you apply for your spouse visa immediately upon returning? (Just curious about how long the process has taken so far for you). It's nice knowing that other people have done the exact same and it's all working out for them