Rete

The I-485 clearly states that a spouse of a USC can file for AOS and this is regardless of whether they entered the US on a tourist visa and/or under the VWP. It is a fallacy that INS is taking more strigent steps to ensure compliance with rules and regulations since the terrorist act of 11th September. INS is just as screwed up and lenient as they have always been. Time and time again this NG has seen people successfully adjust status after they entered the US from the UK or OZ or CA under the VWP and they have not been asked to prove there was no intent to marry when they first crossed the border. Of course, one must be prudent and not bring pix of your $10,000 wedding which took 12 months of planning to the interview. But if you have a simple ceremony with a few friends and family present, elope to Las Vegas, or just visit the local courthouse, you will be fine.

The changes that ~might~ take place when the new configuration of INS departments will be increasing to see. As for illegal immigrants, it looks like they will all be given some type of amnesty before the end of this year.

Rete

Betastar

On 22 Jan 2002 14:47:20 -0800, [email protected] (betogethernow.com
tm) spake:

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And then ignore it as the conclusion is wrong. As long as the UK Citizen hasn't
overstayed more than 179 days, has no criminal past, no communicable disease or
anything that would make them a burden to US society there should be no problem at
all adjusting status based on marriage if entry to the US was legal.

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Again, enough people coming through here adjust after spontaneous marriages using the
VWP. It hasn't been a problem yet. You should adjust after marriage and not leave the
US until after obtaining advance parole. Then there will be no separation.

Obviously opinions vary here, but the experiences of many people on this list say
you're fine and don't panic.

Betastar

Betastar

On Tue, 22 Jan 2002 19:12:16 GMT, "betogethernow.com(tm)"
<[email protected]> spake:

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If failure to adjust comes from this case, then it is likely the person would also
have failed to get a K1 or spouse visa.

As for more "legal" methods, there is nothing illegal with adjusting due to marriage
after entering the US through the visa waiver if the marriage was not intended for
that particular trip.

If you had a wedding with 100 people, catered etc. then that may be suspicious to
the INS, yes.

If you had no intention to marry on this visit when entering the US, get married and
have a good life together.

Betastar

Grinch

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Explanation snipped..........

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Thank you for your very detailed and interesting opinion. I have seen very many
couples pass through this group who adjusted, some with overstays, succesfully. Many
in here know that I myself was one all be it with a small overstay. No one knows what
will happen post September 11th and I am of the opinion that nothing will change with
marriage based change of status from the visa waiver. Changes will be targetted at
the student visa and the tightening up of the issuing of visa's from certain areas in
the world. Again thank you for your post> I feel that Marie's response to the
original poster should have been more like your reply.

Grinch

Galwaybay

With repect to the prophet of doom and gloom .. he is speaking rubbish ..... there
has been no change in INS policy ... and this has been evident in cases processed
(VWP overstay ) post Sept 11th. I think it is unfortunate that peopel can be caused
worry in this way when a marriage in this instance has obviously nothing to do with
terrorism.

Thanks



"betogethernow.com(tm)" <[email protected]>
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[usenetquote2]> > Claire, Based on what you've said, the UK citizen has broken the law. They need[/usenetquote2]
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[usenetquote2]> > attorney. It is possible that they can handle it on their own if they can make[/usenetquote2]
[usenetquote2]> > sense of the rules/regs and they get a sympathetic officer. But, if not, the[/usenetquote2]
[usenetquote2]> > price for messing this up is simply too high.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks and good luck! Marie www.betogethernow.com Immigration Services for Long[/usenetquote2]
[usenetquote2]> > Distance Couples Love knows no limits or borders[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > I have been here for months now. Here is my question....UK citizen here[/usenetquote2]
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[usenetquote2]> > > the US on the visa waiver. Boston INS stamped for 3 months. If he overstays, we[/usenetquote2]
[usenetquote2]> > > marry, what trouble could we foresee? I know this group[/usenetquote2]
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[usenetquote2]> > > not going to give legal advice, and does look done on this sort of[/usenetquote2]
[usenetquote2]> > > arrangement...just wondering if people have gone this route and their[/usenetquote2]
[usenetquote2]> > > experience. Thanks ![/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
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[usenetquote2]> >[/usenetquote2]

Donna Maindrault

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We had a VWP marriage, with a couple of month's overstay, and were approved in NY on
Dec. 11, just minutes before the playing of the national anthem in the lobby of the
Federal Building at 8:43 am. I don't even think the interviewer bothered to
calculate the number of days that passed between his visa expiration and the filing
of the forms.

-Donna

Sonia Boyum

If it is so easy to adjust status after marrying on a visa waiver, then why does
anyone go through the trouble to get a fiance visa?

galwaybay wrote:

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[usenetquote2]> > Paul Grimson requested that we explain the post below in the group. Here's the[/usenetquote2]
[usenetquote2]> > explanation.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > When you sign the VWPP form on the plane, you are basically signing it under[/usenetquote2]
[usenetquote2]> > penalty of perjury. You agree to leave within 90 days and you waive all rights to[/usenetquote2]
[usenetquote2]> > appeal and recourse. If you attempt to adjust or stay longer, you've just turned[/usenetquote2]
[usenetquote2]> > yourself into a liar on the form. Then, you have to prove that you didn't[/usenetquote2]
[usenetquote2]> > *intend* to do what you did after you signed the form saying that you *wouldn't*[/usenetquote2]
[usenetquote2]> > do that very thing. It can be done. And, people have done it many times. And, the[/usenetquote2]
[usenetquote2]> > US' relationship with the UK has made it easier for people to do it in the past.[/usenetquote2]
[usenetquote2]> > But, that is changing.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > It's becoming very risky. Post Sept. 11th, it's difficult to predict what INS[/usenetquote2]
[usenetquote2]> > will do with that scenario. I personally would not risk it. Considering how the[/usenetquote2]
[usenetquote2]> > VWPP form is worded, it leaves an INS officer wide open to adjudicate the matter[/usenetquote2]
[usenetquote2]> > in a very cut and dry way if they choose (when is that not the case, right?).[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > In our opinion, and that is exactly what is offered on these[/usenetquote2]
[usenetquote2]> > newsgroups--opinions, the UK citizen in this matter should seek the advice of an[/usenetquote2]
[usenetquote2]> > attorney, and err on the side of caution. The price for failure is very high and[/usenetquote2]
[usenetquote2]> > can derail future, more *legal* methods.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks, jehan Founder www.betogethernow.com Immigration Services for Long[/usenetquote2]
[usenetquote2]> > Distance Couples Love knows no limits or borders[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > Claire, Based on what you've said, the UK citizen has broken the law. They need[/usenetquote2]
[usenetquote2]> > an[/usenetquote2]
[usenetquote2]> > > attorney. It is possible that they can handle it on their own if they can make[/usenetquote2]
[usenetquote2]> > > sense of the rules/regs and they get a sympathetic officer. But, if not, the[/usenetquote2]
[usenetquote2]> > > price for messing this up is simply too high.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Thanks and good luck! Marie www.betogethernow.com Immigration Services for Long[/usenetquote2]
[usenetquote2]> > > Distance Couples Love knows no limits or borders[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
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[usenetquote2]> > > > I have been here for months now. Here is my question....UK citizen here[/usenetquote2]
[usenetquote2]> > in[/usenetquote2]
[usenetquote2]> > > > the US on the visa waiver. Boston INS stamped for 3 months. If he overstays,[/usenetquote2]
[usenetquote2]> > > > we marry, what trouble could we foresee? I know this group[/usenetquote2]
[usenetquote2]> > is[/usenetquote2]
[usenetquote2]> > > > not going to give legal advice, and does look done on this sort of[/usenetquote2]
[usenetquote2]> > > > arrangement...just wondering if people have gone this route and their[/usenetquote2]
[usenetquote2]> > > > experience. Thanks ![/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
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Michael Voight

sonia boyum wrote:
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1. Some fiances can't get tourist visas (especially if from the FSU)
2. A visa waiver or tourist visa entry can cause problems if certain questions are
asked at the POE

Michael

Rete

For many years. Some of them are because they have business, children, homes, etc. that have to be put to order before they can migrate to another country. It is difficult in some countries for single people to be tourist visas because the rate of not returning to their own country is so high. The couple and/or their parents might be planning a huge wedding and reception and this is a no-no from the INS standpoint due to the need to present spontaneity.

There are I am sure many more reasons why people use the K-1 instead of just crossing the border marrying and staying and adjusting. For us it was because we were told here on the NG that it was not permitted. But that was in the olden times because we all became enlightened ;-)

Rita