VWP question about intent to marry

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Dec 2nd 2011, 4:36 am

#46

ian-mstm

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Joined: Aug 2002

Location: Kentucky

Posts: 38,865

Re: VWP question about intent to marry

Quote:

Originally Posted by fatbrit

Proof of intent is required for success in many criminal and civil trials, and those who have this burden of proof frequently overcome it with ease.

Fair enough... but the question isn't "When you entered the US, prove you had the intent to depart?" That's an easy one. However, when the question becomes "When you entered the US, prove you didn't have the intent to stay?" well, that's a lot more difficult. While both questions seem deceptively similar, the latter can't be answered.

Quote:

Your argument, relying on the fact that a layperson does not understand how to craft a defence on lack of intent, seems rather hollow to me.

It's not about a layperson's understanding or not... it's about the logic behind the question. The first question above is easy to prove, the second one is impossible. Both seem similar, but if the officer asks the latter rather than the former, it's game over.

True though, the officer has to ask the question. But if he does, which one will he choose? If it were me, I'd ask the second... but then, I'm an SP!

Ian

Last edited by ian-mstm; Dec 2nd 2011 at 4:39 am.

Dec 2nd 2011, 6:31 am

#47

fatbrit

Septicity

Joined: May 2004

Posts: 23,762

Re: VWP question about intent to marry

Quote:

Originally Posted by ian-mstm

Ian

Claim: Never reverse your car out of the garage.
Reasoning: You might run over your wife, and you'd never be able to prove your intent was not to murder her.

Sorry, but it doesn't makes sense to simple, old me.