Oh My God!

Old Aug 9th 2002, 1:13 pm
  #16  
Andy Platt
Guest
 
Posts: n/a
Default Re: Oh My God!

Once you apply to adjust status, you are no longer in visa waiver status and the laws
regarding adjustment of status take priority. Of course, if you were concerned you
could get AP, leave and re-enter so your previous entry would be in AP.

Andy.

--
I'm not really here - it's just your warped imagination. "Matta Harri"
<[email protected]> wrote in message news:[email protected]...
    >In article <[email protected]>, "Andy Platt" <[email protected]> wrote:
    > > This part is not correct. You still can appeal the AOS decision all the
way
    > > up to the BIA if necessary even if your were paroled into the US or
entered
    > > on the visa waiver.
    > That is not what it says on the I-94W form: "I hereby waive any rights to review or
    > appeal of an immigration officer's determination of my admissibility, or to
    > contest, other than on the basis of an application for assylum, any action in
    > deportation."
    > Can you cite some cases of BIA decisions based on appeal from visa waiver other
    > than assylum?
    > matta
 
Old Aug 9th 2002, 3:28 pm
  #17  
Anon
Guest
 
Posts: n/a
Default See this link

MARRIAGE IN THE US ON A TOURIST OR OTHER VISA MAIN FRAMES PAGE http://k1.exit.com/touristframes.html

"beyness" <[email protected]> wrote in message news:[email protected]...
    > I just went to an immigration attorney for a (what I thought was going to be) a
    > simple consultation and he completely thwarted my hard work and plans and told me
    > the better option would be for Greg to come over on a tourist visa, keep "the
    > element of doubt" about whether we were going to be married or not, then "decide"
    > to while he is here, do it, then get a marriage visa. he said he could get Work
    > Authroization within 4-6 weeks after we filed. he has a great reputation for being
    > an amazing attorney...should I believe all this or do you think it's a load of
    > bullocks?!
    > It is the complete opposite of what I've heard from everyone here and other
    > people...
    > Please advise! Thanks....
    > --
    > Posted via http://britishexpats.com
 
Old Aug 9th 2002, 9:10 pm
  #18  
Matta Harri
Guest
 
Posts: n/a
Default Re: Oh My God!

In article <[email protected]>, "Andy Platt" <[email protected]> wrote:

    > Once you apply to adjust status, you are no longer in visa waiver status and the
    > laws regarding adjustment of status take priority. Of course, if you were concerned
    > you could get AP, leave and re-enter so your previous entry would be in AP.

Actually, I don't think that would help any and could be more problems: once you
re-enter on AP, I think you are in poorer legal light should an adjustment be denied,
frankly. I could be wrong on this. I think Matt Udall commented on this and entrance
on non-immigrant visa also, once upon a time: http://groups.google.com/groups?selm=2000-
0105004504.16714.00000575%40ng-c

c1.aol.com&output=gplain

matta
 
Old Aug 10th 2002, 8:33 am
  #19  
Forum Regular
 
Joined: Jun 2002
Posts: 38
peter d'souza is an unknown quantity at this point
Default

There was an interesting post recently by MUDALL ,an attorney.I think u should read it.
If he comes on a tourist visa, & if questioned at POE & admits he has a fiancee he could be refused entry.On the other hand if he denies it then rem it could cause problems later at AOSS Interview (ex u will not be able to show then any evidence like phone bills letters relating to before his entry)
peter d'souza is offline  
Old Aug 10th 2002, 6:36 pm
  #20  
Georgesgirl35
Guest
 
Posts: n/a
Default Re: Oh My God!

Hi, If its any help i came over on a visa waiver not intending to marry but to get a
visa for my then boyfriend (now husband) to come and live in the UK with me for a
year or so and we would get married there.and eventuallly return to the USA..its a
long story why we didnt do this in the end,but I WOULD NOT advise anyone to do an AOS
from a tourist visa mainly because if you are anything like me the amount of stress i
put myself through worrying about whats going to happen at the interview is all
consuming and if i could turn back the clock i would do what we planned and have
returned to the UK and when we were ready done a spousal visa. I know there are
people on this newsgoup who have had success with their AOS but from my point of view
i like everything to be settled and visa in hand before i do anything. In the end we
did the AOS because the INS told us that we could,neither of us realised its not
really "the done thing". Just my opinion but something you should bare in mind.
 
Old Aug 11th 2002, 2:00 am
  #21  
Forum Regular
 
Joined: Apr 2001
Posts: 33
scotsman-usa is an unknown quantity at this point
Default

Can I make a suggestion? Have you intended come visit and make this decision when he is here... .then you are not planning the wedding beforehand...and he would not be telling a fib when entering the country.... we didn't even know this was a possiblity till my husband was here and two days away from leaving... when his plane was overbooked we took it as a sign.. he stayed and we got married, and we have not had any trouble... we heard it was 30 days you should wait and we waited about 40... so far so good... we had AOS last month and green card is due any day!
Good Luck!
scotsman-usa is offline  
Old Aug 11th 2002, 6:51 am
  #22  
Mrtravel
Guest
 
Posts: n/a
Default Re: Oh My God!

peter d'souza wrote:
    > There was an interesting post recently by MUDALL ,an attorney.I think u should read
    > it. If he comes on a tourist visa, & if questioned at POE & admits he has a fiancee
    > he could be refused entry.On the other hand if he denies it then rem it could cause
    > problems later at AOSS Interview (ex u will not be able to show then any evidence
    > like phone bills letters relating to before his entry)

He could use any evidence that doesn't indicate they were fiances. After all, where
does it show an engagement on a phone bill? The question asks if you have a fiance,
not whether you know any women that might become a fiance.
 
Old Aug 11th 2002, 2:20 pm
  #23  
BE Enthusiast
 
Joined: Mar 2001
Posts: 717
Ameriscot is an unknown quantity at this point
Default

Originally posted by scotsman-usa
Can I make a suggestion? Have you intended come visit and make this decision when he is here... .then you are not planning the wedding beforehand...and he would not be telling a fib when entering the country.... we didn't even know this was a possiblity till my husband was here and two days away from leaving... when his plane was overbooked we took it as a sign.. he stayed and we got married, and we have not had any trouble... we heard it was 30 days you should wait and we waited about 40... so far so good... we had AOS last month and green card is due any day!
Good Luck!
I think the point is is that this method is not *guaranteed* to work, especially if you *are* planning on marrying on the trip. While many people feel that it is worth the risk, it is a strange thing for a lawyer to recommend. No one is saying that the method doesn't work for most people, but it certainly doesn't work for all - and if you are one of the unlucky ones for whom it doesn't work, the penalties can be quite severe, certainly outweighing the one benefit of trying to circumvent the system.
Ameriscot is offline  
Old Aug 12th 2002, 12:48 pm
  #24  
Andy Platt
Guest
 
Posts: n/a
Default Re: Oh My God!

See here:

-
http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&oe=UTF-8&selm=tpgcft9uan8

22e%40corp.supernews.com

Andy.

--
I'm not really here - it's just your warped imagination. "Matta Harri"
<[email protected]> wrote in message news:[email protected]
om
...
    >In article <[email protected]>, "Andy Platt" <[email protected]> wrote:
    > > Once you apply to adjust status, you are no longer in visa waiver status
and
    > > the laws regarding adjustment of status take priority. Of course, if you were
    > > concerned you could get AP, leave and re-enter so your previous
entry
    > > would be in AP.
    > Actually, I don't think that would help any and could be more problems: once you
    > re-enter on AP, I think you are in poorer legal light should an adjustment be
    > denied, frankly. I could be wrong on this. I think Matt Udall commented on this and
    > entrance on non-immigrant visa also, once upon a time: http://groups.google.com/gro-
    > ups?selm=20000105004504.16714.00000575%40ng-c

    > c1.aol.com&output=gplain
    > matta
 
Old Aug 12th 2002, 1:37 pm
  #25  
Paulgani
Guest
 
Posts: n/a
Default Re: Oh My God!

Yes, I guess it IS true. Sometimes misinformation DOES continue to echo across the
'net to this day...

Paulgani

"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
    > See here:
-
http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&oe=UTF-8&selm=tpgcft9uan8

    > 22e%40corp.supernews.com
    > Andy.
    > --
    > I'm not really here - it's just your warped imagination. "Matta Harri"
    > <[email protected]> wrote in message news:[email protected]
    >
    ...
    > > In article <[email protected]>, "Andy Platt" <[email protected]>
    > > wrote:
    > >
    > > > Once you apply to adjust status, you are no longer in visa waiver
status
    > and
    > > > the laws regarding adjustment of status take priority. Of course, if
you
    > > > were concerned you could get AP, leave and re-enter so your previous
    > entry
    > > > would be in AP.
    > >
    > > Actually, I don't think that would help any and could be more problems: once you
    > > re-enter on AP, I think you are in poorer legal light should an adjustment be
    > > denied, frankly. I could be wrong on this. I think Matt Udall commented on this
    > > and entrance on non-immigrant visa also, once upon a time:
    > >
htt-
p://groups.google.com/groups?selm=20000105004504.16714.00000575%40ng-c

    > > c1.aol.com&output=gplain
    > >
    > > matta
    > >
 
Old Aug 12th 2002, 5:14 pm
  #26  
Forum Regular
 
Joined: Apr 2002
Posts: 231
Aliluv is an unknown quantity at this point
Default Re: Re: Oh My God!

I just wanted to say that most people do it the way your lawyer recommended. On the INS website there are statistics on how many people adjust status on a finace visa vs. a tourist visa, the tourist visa adjustments are a lot higher.
I know lots of people who have done it this way in Los Angeles and have not had any trouble at all. Just be sure to wait 60 days.

Here is a link at the bottom you will see 67% of people use a different kind of visa to enter then file AOS.

http://k1.exit.com/touristfaq.html

Last edited by Aliluv; Aug 12th 2002 at 5:20 pm.
Aliluv is offline  
Old Aug 12th 2002, 7:27 pm
  #27  
Paulgani
Guest
 
Posts: n/a
Default Re: Oh My God!

"Aliluv" <[email protected]> wrote in message news:[email protected]...
    > Here is a link at the bottom you will see 67% of people use a different kind of
    > visa to enter then file AOS.
    > http://k1.exit.com/touristfaq.html

Heh heh, you're the first one to quote me to me. However, those stats are now old.
For FY2000 they are:

197,525 total spouses of USC who immigrated in FY2000

27% Entered with Immigrant Visa
6.7% Entered with K-1 Fiance Visa, Adjusted Status 66% Entered with other visa
(student, visa waiver, etc...), Adjusted Status

For FY1999 they were:

127,988 total spouses of USC who immigrated in FY1999

37% Entered with Immigrant Visa
7.6% Entered with K-1 Fiance Visa, Adjusted Status 59% Entered with other visa
(student, visa waiver, etc...), Adjusted Status

And of course, for FY 1998 they were:

151,172 - total spouses of USC who immigrated in FY1998

44,577 - 29% entered using an I-130 spousal Immigrant Visa 101,837 - 67% entered
using another visa, and filed AOS 4,758 - 3% entered using a K-1 fiance visa

Paulgani
 
Old Aug 13th 2002, 5:52 pm
  #28  
Georgina Bensley
Guest
 
Posts: n/a
Default Re: Oh My God!

    > I think the point is is that this method is not *guaranteed* to work, especially if
    > you *are* planning on marrying on the trip. While many people feel that it is
    > worth the risk, it is a strange thing for a lawyer to recommend. No one is saying
    > that the method doesn't work for most people, but it certainly doesn't work for all
    > - and if you are one of the unlucky ones for whom it doesn't work, the penalties
    > can be quite severe, certainly outweighing the one benefit of trying to circumvent
    > the system.

Just as a warning, my british husband and I entered the US with him on a visa waiver
before we got married and filed for AOS... Everything was proceeding smoothly until
the INS decided to consider our application abandoned because of a delay in getting
the medical results (there was a several-months backlog at the doctors') and
helpfully sent us an order of deportation, informing us that we have *no* rights to
an appeal or a hearing on the deportation matter because he signed all his rights
away when he signed the visa waiver!

So we're heading back to England...
 
Old Aug 14th 2002, 8:06 pm
  #29  
Des
Guest
 
Posts: n/a
Default Re: Oh My God!

Georgina,

have you tried to go to your local INS office, papers in hand, statement form doctor
about the back-log... sometimes, the INS is surprisingly unbureaucratic about such
"mistakes". As long as you can prove you were right...

SOme people in this NG had their AOS denied on the grounds that they never showed up
for fingerprinting when, in fact, they did. The couple went to the local INS and
sorted everything out - case re-opened and a happy ending...

- Des

    > Just as a warning, my british husband and I entered the US with him on a visa
    > waiver before we got married and filed for AOS... Everything was proceeding
    > smoothly until the INS decided to consider our application abandoned because of a
    > delay in getting the medical results (there was a several-months backlog at the
    > doctors') and helpfully sent us an order of deportation, informing us that we have
    > *no* rights to an appeal or a hearing on the deportation matter because he signed
    > all his rights away when he signed the visa waiver!
    > So we're heading back to England...
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.