caballero

Hi,

Sorry if this has been asked before.

I am a UK citizen who married a US citizen in November 2005 (married in US while on a Visa Waiver), and we have lived in the UK since then. We have a 4-month old daughter who has both passports.

We now want to move to the US, ideally in September. Last time we were there in April, we visited an immigration lawyer, and they said I could come back on my usual Visa Waiver form, then request a 'Change of Status' via their office.

Is this correct? I have read elsewhere that you can't enter on a Visa Waiver with intent to change status - but how easy is it for them to prove my intent? Could I just claim to be visiting then decided to stay? Is the lawyer just telling us this because they want our business? Is there any danger of trying this route, and causing myself long-term problems with US Immigration? Or is the worst that can happen, we have to come back and file via the US Embassy in London?

Many thanks in advance!

ian-mstm

Yes, it's correct *if* you want to break the law. You can *not* enter the US on the VWP with the intent to *stay*.


You're married to a US citizen. You have a US citizen child. Do you think they're stupid? By the way... this isn't going to happen before September no matter how much you want it to.

Well... d'uh!


If found guilty of immigration fraud, you could face a lifetime ban from the US. So... you've got to ask yourself one question: "Do I feel lucky?"

Ian

Rete

[qoute] I have read elsewhere that you can't enter on a Visa Waiver with intent to change status - but how easy is it for them to prove my intent? [/quote]

Correct -- Very easy.

He is an arse if you want my opinion. There is far easier way to go and that is called direct consular filing by the layman. Once approved it allows you to enter the US as a PR with the right to work immediately upon entry. It is the prescribed method, without risk of deportaton for fraudulent intent.

Have a look at the US Consulate's website for London and have your USC spouse file the I-130 for you at the US Consulate/USCIS in London. Will take about 3 to 6 months to complete and is the legal way to go.

Elvira

"via their office" - indeed........ LOL

Lots of lovely lolly for them if it all goes belly-up and they have to spends lots of their valuable time getting you out of the doo-doo.

suesue

I came in on a visa waiver the first time with my US husband.... and was told by Homeland security in no uncertain terms not to try to change status on a waiver!
I went back to UK, for a couple of weeks,got a B2 visa, came back to USA, and we put in for I 130, then AOS as soon as I130 was approved.
Good luck!!

BlueD

suesue wrote:
>> "via their office" - indeed........ LOL
>>
>> Lots of lovely lolly for them if it all goes belly-up and they have to
>> spends lots of their valuable time getting you out of the doo-doo.
>
> I came in on a visa waiver the first time with my US husband.... and was
> told by Homeland security in no uncertain terms not to try to change
> status on a waiver!

I'm not saying you should do it, but it's not impossible or either hard
apparently to adjust your status while on visa waiver.

from an old thread:

***** OK, so I came in from Canada - the INS Inspector didn't even ask me
a single question - he just waved me through. Can I marry within 30 days?
Is there any risk?

The Board of Immigrations Appeals (BIA) has ruled that having a
preconceived intent to immigrate is not a bar to AOS. See:

http://k1.exit.com/cavazos.pdf
http://k1.exit.com/ibrahim.pdf

And also see the more recently dated document:

http://k1.exit.com/touristletter.-
html

So, you are probably safe.

Now, this doesn't mean that an INS agent could not *incorrectly* apply the
30/60 day rule towards you. You should win in the end, after appealing,
but it could certainly delay your AOS and be very costly.

-------------------------------------

read this too

http://www.immigrationportal.com/att...605&d83198399

ian-mstm

It's probably not a good idea to admit publicly that you committed immigration fraud by entering the US with the intent to stay and adjust status.

Ian

Just Jenney

The B2 visa -- like the VWP -- is for tourism. It is not meant as a means to emigrate to the US, yet that is exactly what you used it for. It sounds like you were starting your post to encourage the OP to emigrate using the proper channels, but you ended up encouraging the exact opposite.

~ Jenney

Noorah101

You got lucky the second time you came in on the B visa. You still aren't supposed to adjust status to permanent resident from a B visa, either, not only the VWP. The second officer should have told you the same thing as the first officer...you got lucky.

Rene

suesue

Sorry my intention wasn't to mislead or misguide anybody.... was just telling you my experience...
It wasn't such a happy ending anyway... I ended up divorcing and going back to Wales anyway!!

snowbunny

Check with the London consulate to see if they allow direct consular filing in your particular case. Does your wife have indefinite leave to remain status in the UK?

Even with DCF it would be miraculous to get your visa (CR-1) by September.

Noorah101

The requirement for DCF isn't that the USC needs indefinite leave to remain anymore. It's that the USC should be resident in the UK for 6+ months, no matter what her status there.

I agree, no way it will happen by September, though.

Rene

snowbunny

I wondered if the six month rule was put in as a minimum requirement (with additional requirements at each consulate's discretion), or was now policy across the board.

Noorah101

It seems to be policy across the board.

Rene