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VWP and intent to stay - legality

VWP and intent to stay - legality

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Old Aug 29th 2012, 8:55 pm
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Default 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.

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Old Aug 29th 2012, 9:10 pm
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Default Re: VWP and intent to stay - legality

Originally Posted by Sally Redux
Why does the process take so long through regular channels? This would seem to push people into the 'express' route.
Because of the number of people in line ahead of that applicant.

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Old Aug 29th 2012, 9:11 pm
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Default 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
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Old Aug 30th 2012, 8:10 pm
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Default Re: VWP and intent to stay - legality

Originally Posted by cosmicjunkie
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
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.
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Old Aug 30th 2012, 8:45 pm
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Default Re: VWP and intent to stay - legality

Originally Posted by Bluegrass Lass
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.
USCIS cannot strip you of your citizenship. It's not within their power.
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Old Aug 30th 2012, 8:46 pm
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Default Re: VWP and intent to stay - legality

Originally Posted by cosmicjunkie
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
Well precisely.
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Old Aug 30th 2012, 10:39 pm
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Default Re: VWP and intent to stay - legality

Originally Posted by fatbrit
USCIS cannot strip you of your citizenship. It's not within their power.
Other dark forces can... if it's revealed that you were never eligible for citizenship in the first place, because you lied to US immigration in order to get a green card.

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Old Aug 30th 2012, 11:02 pm
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Default Re: VWP and intent to stay - legality

Originally Posted by ian-mstm
Other dark forces can... if it's revealed that you were never eligible for citizenship in the first place, because you lied to US immigration in order to get a green card.

Ian

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.
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Old Aug 31st 2012, 1:04 am
  #24  
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Default Re: VWP and intent to stay - legality

Originally Posted by Sally Redux
Why does the process take so long through regular channels? This would seem to push people into the 'express' route.
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?
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Old Sep 2nd 2012, 5:17 am
  #25  
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Default Re: VWP and intent to stay - legality

Originally Posted by jeffreyhy
"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.
Hm, I've been reading that it's essentially immigration fraud to enter on a tourist visa with immigrant intent. He's even been looking for work mid-adjustment which surely isn't allowed (though probably isn't often caught).

Originally Posted by jeffreyhy
No, She and her husband do have something to worry about - the application may be denied. It will be interesting to know what happens. At which District or Sub office is the interview being conducted?
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?
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Old Sep 2nd 2012, 5:25 am
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Default Re: VWP and intent to stay - legality

Originally Posted by cosmicjunkie
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
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 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.
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Old Sep 2nd 2012, 5:51 am
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Default Re: VWP and intent to stay - legality

Originally Posted by nica
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.
I think the "disaster" cases are pretty rare, but when they happen, it's incredibly difficult to get your lives back on the path you've envisioned. some people want to run the gauntlet. Also I think there is a group of people who actually don't know the risks they're running. I certainly didn't.
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.
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Old Sep 2nd 2012, 10:43 am
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Default 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)
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Old Sep 2nd 2012, 11:01 am
  #29  
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Default 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.
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Old Sep 2nd 2012, 11:10 am
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Default Re: VWP and intent to stay - legality

Originally Posted by civilservant
Ruby - this is exactly what my wife and I have/are doing. It'll be our 1 year anniversary on October 15th.
It seems, in my opinion, just be the least stressful (at least for my fiancé and I). We are used to spending considerable time apart, so another year or so will not kill us. The end outcome is what makes it all worthwhile to me

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
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