peejaygee

Yeah, we've met face to face...

I did have a close (back-2-back) visit though, as I wanted to be there for Thanksgiving and Xmas, as I knew I was working NewYears and could have everything...I departed on the 7th Dec and was back on the 20th of Dec.

I'm not back until the end of Feb, and we have generally got 60 days between visit and only 2 weeks together at a time...

Noorah101

So your plan for future visits goes something like this:

In the USA for 2 weeks each, at the end of Feb, end of April, end of June, end of August, and then immigrating on Nov 1. That's 4 visits between now and the time you want to immigrate, in addition to the 2 back to back trips you just did in Dec 2009.

Of course no one can guarantee anything...you'll just have to try, and hope the POE officer doesn't think you're visiting too often.

Rene

peejaygee

well, june won't happen, as she (and her son) are coming over to the UK in july for a 2 week visit.

But principally my annual leave in work permitting, yeah....

Elvira

Needless to say, if he went with his original plan, the visit that might trigger the "you are visiting too often Buddy" routine might just turn out to be the all important one in November...

peejaygee

Ok, So bottom line, is follow Rene's advice and fingers crossed all should go ok.....

I sorta feel a little bit better knowing I've nipped this in the bud now and get the correct route done....

I just hope the 'too many visits' doesn't scupper me...

Noorah101

Since she's coming your way in June, then you've only got 3 visits planned from now until November, that helps. And even if you get turned away at the POE by some chance, it will not hurt your K-1 visa at all.

By the way, here is the USCIS link to the I-129F, which is the form she will need to file to get the ball rolling. She (and you) should read the instructions carefully to make sure you have everything necessary for her to file. Come on back here whenever you have questions.

Rene

ian-mstm

OMG... I've discovered the missing link!

Ian

Noorah101

Guess it would help if I included the link, eh? LOL

Here it is: http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Rene

peejaygee

After speaking to my fiancee, these are the forms we were advised to fill in and send off after we are married. Get all the Dr's stuff before all the paperwork is filled in and it takes about 3 months to see a CIS Agent.

I-130
G-325
I-485
I-865
I-864a
I-693
I-765
I-131

And I'm also not allowed to leave the US until paperwork is returned and I've been to see a CIS officer.

I will be printing this thread off and taking it to show the person in Feb and asking them blunty 'is it illegal'

Regards
Paul.

Noorah101

Unless she's an immigration attorney, she might not know the answer to that one.

Actually, the way you want to phrase your question is: Is it legal to do all this with the preconceived intent to come on the VWP, marry, AND remain in the USA to adjust status the way you described?

My guess is she still wouldn't really know, unless she's an immigration attorney...and even some of THEM recommend this path. The onus is on you, to know what the risks are if it doesn't go well for your AOS.

Rene

Edit to add: It's perfectly OK to adjust status this way if you are already in the USA on some other visa (student, work..), so the method itself is legal. It's just not legal to have the INTENT do this this BEFORE you enter the USA.

nettlebed

It's not legal on the VWP and on most visas. The H-1B, for example, does allow you to enter with the intent to stay and adjust status, though.

meauxna

Why?

Oh, still nevermind.

All good wishes to you, peejaygee. I'm sorry your thread didn't go the way you hoped. If you would like to read what lawyers have had to say about why what your friend advised is illegal, you can search this forum for "10 foot pole" "ten foot pole" "VWP Express" and you will find many, many replies.
The person with the most authority who has posted the most on the topic was here as "Folinskyinla" if you want to narrow your results.

peejaygee

Incase they have been or are thinking of giving information out again and/or we've provided them with incorrect information and the information we gave, their answer may have been correct.

Elvira

PepsiChic

Wirelessly posted (LG-GR500/V10f Teleca/Q7.0 Profile/MIDP-2.1 Configuration/CLDC-1.1)

im not really sure why your still considering a route that could get you permenantly banned from being in the usa? Is it worth that risk?

Also if your fiancee starts the k1 process now by downloading form i-129f and getting the documents for it you could have your k1 visa in 6-8 months and be ready to move to america with no worry about being "caught" by the uscis and deported for life.

I did the k1 visa, ive been living in the usa since may 31st 2009 and got married in june. Ive adjusted staus and am now a permenant resident of the usa.

Why argue about an option you have that will fill your needs and probably give you peace of mind.