VWP and marriage!

[becky-sees-stars 0]

To answer the general question, yes, there are plenty of aliens that arrive as tourists, with no intention of remaining , and then for one reason or another, decide to marry and stay to adjust status. The impromptu proposal and subsequent marriage does not demonstrate any preconceived notion of violating the terms of a visa, because it was just that, impromptu and unplanned.

The issue that you are proposing here in your specific post is that you are questioning not only is it possible, but that, in itself, could imply that you might wish to do it. That is where "prior intent to immigrate" may come into play. Not that other aliens haven't done exactly what you are querying, albeit against regulation, and some successful, but it contraverts the whole basis of the VWP, the regulations and if not successful, then the alien has relinquished any avenues for appeal of the denial. There are ways that such aliens are tripped up, not only at the POE but in any adjustment of status interview itself.

Bear in mind that any tourist entering the country is presumed as having intent to immigrate, and each alien passing a POE has the onus to demonstrate otherwise. If caught not telling the truth, if questioned, then not only is the alien caught using a visa (in this case a visa waiver) inappropriately (which carries consequences) but is also potentially also committing a 'misrepresentation' of what could be shown to be a material fact. That too carries consequences.

Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!

i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?

has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!

we aren't planning on marriage just seeing what the options are i'm happy going over for 3months and coming back as i like to stick to the rules i didn't say we were or going to get married we just wanted to see what options and roots there are, were happy with the way things are and not looking to rush into anything i was looking for information about being sponsor by a close family friend and came across stuff bout marriage and etc!

i do not have the intent of coming over and getting married, i love how things are right now there is nothing booked or even looked into on marriage bar my post!

i never intended on staying or marrying just getting information when i came across the website!

can i out you all straight that i have no and never did have any intention on marrying him or staying i came across your posts when looking in being sponsored and it said about your partner being able to so he said look into it but i'm not hinting anything!

i have a buisness to run in england when i come home so it shows i have ties back here in england too!

[diadromous mermaid 36]

I'd quit while you are ahead, becky-sees-stars! It's OK to admit that what you were considering isn't a good idea, or possible and go to plan B.

Close family friends can't sponsor immigrant petitions, by the way.

To answer the general question, yes, there are plenty of aliens that arrive as tourists, with no intention of remaining , and then for one reason or another, decide to marry and stay to adjust status. The impromptu proposal and subsequent marriage does not demonstrate any preconceived notion of violating the terms of a visa, because it was just that, impromptu and unplanned.

The issue that you are proposing here in your specific post is that you are questioning not only is it possible, but that, in itself, could imply that you might wish to do it. That is where "prior intent to immigrate" may come into play. Not that other aliens haven't done exactly what you are querying, albeit against regulation, and some successful, but it contraverts the whole basis of the VWP, the regulations and if not successful, then the alien has relinquished any avenues for appeal of the denial. There are ways that such aliens are tripped up, not only at the POE but in any adjustment of status interview itself.

Bear in mind that any tourist entering the country is presumed as having intent to immigrate, and each alien passing a POE has the onus to demonstrate otherwise. If caught not telling the truth, if questioned, then not only is the alien caught using a visa (in this case a visa waiver) inappropriately (which carries consequences) but is also potentially also committing a 'misrepresentation' of what could be shown to be a material fact. That too carries consequences.

Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!

i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?

has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!

we aren't planning on marriage just seeing what the options are i'm happy going over for 3months and coming back as i like to stick to the rules i didn't say we were or going to get married we just wanted to see what options and roots there are, were happy with the way things are and not looking to rush into anything i was looking for information about being sponsor by a close family friend and came across stuff bout marriage and etc!

i do not have the intent of coming over and getting married, i love how things are right now there is nothing booked or even looked into on marriage bar my post!

i never intended on staying or marrying just getting information when i came across the website!

can i out you all straight that i have no and never did have any intention on marrying him or staying i came across your posts when looking in being sponsored and it said about your partner being able to so he said look into it but i'm not hinting anything!

i have a buisness to run in england when i come home so it shows i have ties back here in england too!

[rocks 494]

Yes people have done it, but no one here is going to recommend it to you. You've already indicated an intent to stay after entering on VWP. Better to come here and get married and then return to your country and file a K3. Or file a K1 and wait for the visa. Maybe I'm just leery of doing anything that might result in removal or ban....

I agree. My Fiance and I had that option, but chose to be slightly more patient and go the K1 route. It gave us time to plan, and think very clearly about what we were doing. I don't know how long you have been dating, but I'm thinking, that if it's forever for you two, then what's the harm in waiting? If you are on time with all your papers, you guys could have all this taken care of in 7 months.

I say, be patient, and do things the right and legal way. I would hate to hear that you risked it, and the outcome was not a good one.

i agree. be patient and do it the right and legal way. we filed in may and our separation is finally coming to an end. i won't lie and say it hasn't been tough (lots of personal reasons involved) but in the end it's all going to have been worth it. if you're meant to be together then the wait is nothing in comparison to being able to share the rest of your lives together.

[Gemmie 142]

Your posts at different times say two completely different things...

we aren't planning on marriage just seeing what the options are i'm happy going over for 3months and coming back as i like to stick to the rules i didn't say we were or going to get married

i do not have the intent of coming over and getting married,

i have no and never did have any intention on marrying him or staying

we want to go get married when i get over afer xmas and was wondering once this is done (i don't need to work as he earn $42+ a year and has his own house, if i can just stay out there once married in Las Vegas or at a small chapel or reg. office???

well any help will be great we have known each other a while this isn't marriage for any other reason than love

i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?

has anyone else got married on the VWP and stayed in te us???

People have told you that it's fraud to enter with the intent to stay, now I would look at the Guides if you want more details on your "options".

Edited November 30, 2008 by Gemmie

[neil wood 0]

hey everyone very new to all this!

well here i go to cut a long story short, i met my boyfriend on the internet he is in the US army and is now non active for deployment and works at his local base, i have been out to see him just the other week after waiting far too long to met each other i changed my ticket twice as we weren't ready for me to leave just yet.

well basically i'm going back fingers crossed on the 3rd dec the ticket will be for 3 weeks but i know i have up to 90days to be there!

we want to go get married when i get over afer xmas and was wondering once this is done (i don't need to work as he earn $42+ a year and has his own house, if i can just stay out there once married in Las Vegas or at a small chapel or reg. office???

well any help will be great we have known each other a while this isn't marriage for any other reason than love

I'm sure there's very few people on here that would say they haven't considered just going and risking getting married there and then. But the risk of something bad happening that could permanently stop you from living with him/her is far too scary. It sucks having to wait for the K-1 to process but it's the best way to do it. You just have to be patient.

I wish you all the best!!!