Chopper-Chris

watch the attitude James, re-read the next post I wrote.

James Box

Looks like we're all mis-reading posts! Sorry for that.

So has anyone actually tried this loop-hole? How do the parents convince USCIS that they never had immigration intent in the first place?

MightBe

Same as all the visa waiver marriage do.

Pulaski

A nieghbor's teenage daughter got in a car wreck a couple of months ago, spent ten days as an in-patient, and the bill came to $75,000! :scared:

Reallistically pay-as-you-go is only likely to work for one serious illness.

Just Jenney

[quote=James Box]How do the parents convince USCIS that they never had immigration intent in the first place?

And what would that be?

People who marry on the VWP can simply say they decided to elope. The marriage is spontaneous and therefore involved no immigration intent. At least an elopement is a catalyst for deciding spontaneously to stay.

But the parents were always that person's parents, nothing's changed except their desire to live in the States together. Just because people come here and decide to never leave doesn't make it legal to do so.

So no, I don't think you can put these two situations in the same category -- apples and oranges.

~ Jenney

Manc

about 5 hours drive away

it gets no colder here than it does the east coast.

MightBe

And people parents can come for a visit and decide they would like to stay with their children. The though frightens me. But apparently some people like their parents close to hand.

scrubbedexpat099

Surely it is slightly differant when someone young of age and with no ties, decides to get married vs a somewhat older age group?.

Anyway, I agree with the others, unless they expect to work for 10 years its a no goer. No Medical cover.

Unless they have pots of money of course.

But they can come and go for 3 month stints with very little hassle, assuming they are not of working age. I do not think they are that bothered about OAP's and long visits. Or does someone know different?

MightBe

Older people can get a B-2 with no problem at all. and can stay for 6 months no problem. But I agree for parents to come out to stay with their children the medical cost would be a complete blocker. But they do do it.

Mad Max7

Ok well thanks for all the replies, I think I understand what is being said: It would be frowned upon for them to enter on the visa waiver as they had the intent of staying here. Is that correct? If that is what is the best course of action? A B2 is no good as they want to live here, they do not want to leave after 6mths.

MightBe

NO NO. The B-2 will give them a 6 months stay after 4 months you talk them into staying. They did not come with the pre-conceived idea of staying.

Just Jenney

Firstly, it's pretty obvious that the OP's parents already have pre-conceived intent to immigrate -- otherwise he wouldn't have spoken with an attorney to see about the possibility of them doing this. So regardless it is out of the question.

But let's say they entered on a B2 visa and "spontaneously" decided to stay. What would be the reason they give to USCIS for wanting to adjust their status? That they simply don't want to go home?

Sorry, I don't think that would fly. Otherwise everyone and their brother would do it. I think if the OP's parents tried to adjust their status from a B2 visa because their son lives here, USCIS would probably laugh in their faces.

Let's not forget the fact that very, VERY few people can just up and leave everything they own and never come back. USCIS knows this.

The fact that the OP obtained his green card based on marriage means that, at an absolute maximum, he can apply for naturalization in three years minus 90 days -- and that's if he got his green card today. He's better off waiting, rather than having his parents go through all the time and expense of trying to adjust, which would most probably be unsuccessful anyway.

~ Jenney

Just Jenney

No, the B2 is NOT an option for them if they want to live here. It is a tourist visa. Same goes for the VWP -- it is for tourism, not for emigrating. If they want to live here, you need to become a citizen first and THEN sponsor them.

~ Jenney

MightBe

And they are. on a regular basis.

MightBe

Read the I-485. Thats how 70% of marriages get away with using the visa waiver with no problem.