Is this LEGAL and Fraud free?

[EightGallon 2]

I live in Sweden US citizen. Fiance with me here she is Swedish citizen, I have a residence permit in Sweden. We are getting married soon.

After we get married we are going to the US for around 80-85 days, while she's in the US im going to file paperwork for her CR1 probably in the first couple weeks. She will leave the US in accordance with the VWP and return to Sweden for a couple weeks and re-enter via VWP.

Where she will stay with me for 80-85 days and then return to Sweden for a couple weeks.

And then return to the US via VWP and stay with me for 80-85 days and then return to Sweden for a couple weeks.

You get the picture here?

Her CR1 processes and she comes to US via CR1 immigrant visa.

No surprise that this approach favors the wealthy, she of course will want to bring every scrap of evidence with her proving her intent to return to Sweden. Keeping our apartment, dont know how long her job will let her take leave. She may be without for a while is there any magic number I should keep deposited in our checking account in Sweden to prove assets ect?

If she's denied entry is there anything we can do? I figure after the first couple of times, her travel record will speak for itself and they wont hassle her too much.I was thinking about just adjusting status once she decides she likes the US or not but that can be deemed as fraud, something I DO NOT want to commit.

Edited January 28, 2014 by EightGallon

[belinda63 3,022]

The VWP as well as a tourist visa is for visiting, not living. It won't matter how much evidence of her intent to return to Sweden she has after the second or third trip she will most likely be denied entry for "living in the US on the VWP". They have records of every entry and departure and the purpose is to visit, not live. She needs to spend more time outside the US than inside.

[JohnR! 5,495]

The CBP may question her if she visits too frequently, but so long as she can show evidence that she will return to Sweden after each stay she should be OK. She can always tell she is coming to visit her husband who lives in the US, while her CR visa is being processed.

There is no recourse or appeal in case the CBP refuses to admit her at any point.

Good luck!

Edited January 28, 2014 by Gegel

[Merrytooth 5,748]

http://www.visajourney.com/forums/topic/477135-i-intend-to-adjust-status-vwp/

Changing your mind to go the legal way now?

I was hoping you would go through with your plan and then come back to tell us the results.

[EightGallon 2]

http://www.visajourney.com/forums/topic/477135-i-intend-to-adjust-status-vwp/

Changing your mind to go the legal way now?

I was hoping you would go through with your plan and then come back to tell us the results.

yeah I consulted a lawyer about it, even though the odds are about 99% simply adjusting status would work fine my desire to not LIE about any intention presents some lines I do not care to toe.

Not like it matters much, I guess I could go between US and Sweden for a while. I just hate flying, seats are too damned cramped and touting around 10-12 bags of luggage sucks. But if thats what it takes I guess that's what it takes. Dont know why we have these stupid immigration laws when we blatantly let others slip by. I don't blame them for it either. In fact I am glad that we allow people to AOS and we turn a blind eye even if it is fraudulent.

I do find it comical of all these couples who accidentally fall in love, accidentally get married and obviously stand bold face in front of another person and tell their tales. But I choose to keep my integrity, I may not respect our countries policies but I respect myself enough not to do that. But like I said, I don't blame them and am glad its allowed for their sake.

Wish I would of discussed this with the lawyer, I think I will have to start paying him for consulting me soon.

Edited January 28, 2014 by EightGallon

[Boiler 44,858]

10 or 12 bags?

Seems a lot.

[plasthandske 3]

You will run into trouble. Why not be patience and let this process take whatever time it needs? In the long run, this chunk of time will seem like nothing.

However, good luck with whatever path you two may choose.

[2ndMessiah 184]

Can you direct consular file in Sweden after you are married? Will take a few months but way shorter that doing it in the US.

[Ryan H 3,810]

Can you direct consular file in Sweden after you are married? Will take a few months but way shorter that doing it in the US.

Sweden does not have a USCIS field office and because of that, DCF is unavailable there.