Marrying a USC on a VWP

[Barbados 0]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

[YuAndDan 153]

There is a guide for this. You should not have a problem if your intent when entering the USA on VWP was NOT immigrations.

http://www.visajourney.com/forums/index.ph...page=i130guide2 (File I-130 AND I-485 together)

This post is better under "Adjustment of status discussion", NOT K-1 Fiancee.

http://www.visajourney.com/forums/index.php?showforum=7

[diadromous mermaid 36]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

There are people that have been denied at the adjustment of status stage, but only if the Service determines that the alien had immigrant intent when using VWP to enter the country. Of course, the hazard to adjusting status here in the USA after having arrived on VWP, is that the alien has waived the right to appeal such decision, and if that decision is a negative, they have no option to rebut the evidence that caused USCIS to make such a decision.

[stinger157 0]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

[rebeccajo 14]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

You can't say that raises red flags without more knowledge of the circumstance of those denials.

[Ian + Anne 0]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

If you marry while in the USA on the VWP you will have to return to your home country within 90 days of your visit under the VWP and apply for a K3 / CR1 visa.

The other option is to return to your own country and wait and for the USC to apply for a K1 and K2 visa using the I-129F form.

There is no point in taking risks with this, if you marry under the VWP you are at risk of it being rejected and sent back home, so the best option really is to go the legal route using the correct visa.

Some have done it via the VWP route and been accepted, but it is a big risk to take, as you have to prove things more, your under more scrutinity etc.

[YuAndDan 153]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

You can't say that raises red flags without more knowledge of the circumstance of those denials.

Correct, people are denied all the time when applying for visitors visas, this may have no affect on other immigrations issues. They may have been denied for not providing solid evidence of ties back home.

What is needed is evidence of no immigrations intent when entering the USA on VWP. If there is any hint of intent, or fear of denial, then just do the I-130 and do not overstay the 90 days allowed by VWP, return home, and interview for the correct immigration visa.

[diadromous mermaid 36]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

How can you know this? Better yet, how can you even write this?

[Kez/JWolf 6]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

Stinger157 you dont know what you are talking about.... being denied for a tourist visa is not a red flag when filing for AOS from a VWP....

To Barbados... I too have done the AOS from a VWP and as long as you did not enter the US with the intent of remaing and filling for AOS then you can file and will most likely get approved... please be aware that you should not leaave the US until you have been approved and have your Greencard in hand or you may find yourself denied entry and have to start again from your home country...

There are many of us who have done or are doing AOS from a tourist visa/VWP and most of us were not even asked about intent at entry... but you need to make sure you do have evidence just in case you are asked....

I still had my house in Scotland, My Job, my car was in the long stay parking at the Airport and I had to get my parent to deal with everything I had left behind, because I could not go home until approved... Keep copies of anything you sent to employers or landlords or banks.... I also had my return ticket and I got a letter from my employer stating that I had been expected to return to work on a given date... I also has copies of the letter I had written to my lawyer in the UK giving my Mother permission to act on my behalf as I was unable to return to the UK....

I would also recommend you have a meeting with a good Immigration Lawyer and go over your individual case to make sure you are not doing anything that could have a bad effect on your future in the US...

Kez

[stinger157 0]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

Stinger157 you dont know what you are talking about.... being denied for a tourist visa is not a red flag when filing for AOS from a VWP....

To Barbados... I too have done the AOS from a VWP and as long as you did not enter the US with the intent of remaing and filling for AOS then you can file and will most likely get approved... please be aware that you should not leaave the US until you have been approved and have your Greencard in hand or you may find yourself denied entry and have to start again from your home country...

There are many of us who have done or are doing AOS from a tourist visa/VWP and most of us were not even asked about intent at entry... but you need to make sure you do have evidence just in case you are asked....

I still had my house in Scotland, My Job, my car was in the long stay parking at the Airport and I had to get my parent to deal with everything I had left behind, because I could not go home until approved... Keep copies of anything you sent to employers or landlords or banks.... I also had my return ticket and I got a letter from my employer stating that I had been expected to return to work on a given date... I also has copies of the letter I had written to my lawyer in the UK giving my Mother permission to act on my behalf as I was unable to return to the UK....

I would also recommend you have a meeting with a good Immigration Lawyer and go over your individual case to make sure you are not doing anything that could have a bad effect on your future in the US...

Kez

She gets denied both, E-2 and B-Visa, like Barbados says, by incompetence of her lawyer. Shortly after that she enters via VWP and marries someone shortly after that? Please people, am I the only one who thinks that is a bit odd?

It can be that everything goes smooth, but with this recent history I wouldn't be surprised if there are obstacles on the way that can lead to deportation.

[aidan80 9]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

We don't have any experience with adjusting from WVP but I've read a few stories on Visa Journey of others who did! We adjusted from K1 and we ensured everything was in order, evidance of everything! It was all quite straight forward on interview day luckily!

I'm sure you can do it and I'm sure plenty of people who done the same as yourself will help you out advice wise! Don't forget to file for an EAD should you want to work while you wait!!

Good Luck!!

[stinger157 0]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

How can you know this? Better yet, how can you even write this?

To answer your question how I can write this:

I quote your posting!

There are people that have been denied at the adjustment of status stage, but only if the Service determines that the alien had immigrant intent when using VWP to enter the country.

How should USCIS not determine that the OP had immigration intent after two denials?

If she flies back and files for K-1 I don't see any problems. But with marriage and AoS on the VWP she might have a lot of explanation to do. Don't you agree?

[diadromous mermaid 36]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

How can you know this? Better yet, how can you even write this?

To answer your question how I can write this:

I quote your posting!

There are people that have been denied at the adjustment of status stage, but only if the Service determines that the alien had immigrant intent when using VWP to enter the country.

How should USCIS not determine that the OP had immigration intent after two denials?

If she flies back and files for K-1 I don't see any problems. But with marriage and AoS on the VWP she might have a lot of explanation to do. Don't you agree?

We don't know, without the OP providing detail, what the specific reasons were for her denied prior attempts. What I can say is that both are temporary visas for individuals intent on performing short-term tasks. The E2 Treaty visa, for example, restricts applicants to persons that come to the United States to develop and manage the operations of an enterprise in which the applicant has invested or is actively in the process of investing a substantial amount of capital. In addition to the investment in a business enterprise, the investor should be coming to the United States to develop and direct the operations of the enterprise in which he or she has made the investment. A visa of this sort can be rejected because in reality the applicant does not own more than fifty (50%) percent of the icompany, unless the applicant is coming as an employee of the enterprise. Which leads me to discuss the B2 visa application. B2s are issued for persons wishing to visit the USA for pleasure purposes. If an applicant with an interest in pursuing activities that were for investment purposes, but didn't qualify as an E2, I would think a B1/B2 might be the next step.

Of course, without further specifics from the poster, all of this is pure conjecture....just as your comment was!

[stinger157 0]

Hi There, I am new to all these Forums and have only recently joined the ExPats WS.

Anyway I would like some non bias advice (from people other than my family and friends) on the following.

I came to the USA on a VWP with my daughter. In my 3 months I have fallen in love with a USC! We are wanting to get married and apply for a I-130 visa then GC. Please can anyone advise me on doing this? Do you know anyone who has been refused an I-130 or GC through marriage? Does anyone know a good attorney I can talk to on this matter? I have previously been denied an E2 and B2 visa (in Dec 07) due to the incompetence of my lawyer!

Thank you for your advise .

Due to the recent denial you can expect that it will raise a row of red flags and you have to toss every single one of them. Since you came on VWP you have no right to appeal and even with one red flag remaining you will be out of the country.

How can you know this? Better yet, how can you even write this?

To answer your question how I can write this:

I quote your posting!

There are people that have been denied at the adjustment of status stage, but only if the Service determines that the alien had immigrant intent when using VWP to enter the country.

How should USCIS not determine that the OP had immigration intent after two denials?

If she flies back and files for K-1 I don't see any problems. But with marriage and AoS on the VWP she might have a lot of explanation to do. Don't you agree?

We don't know, without the OP providing detail, what the specific reasons were for her denied prior attempts. What I can say is that both are temporary visas for individuals intent on performing short-term tasks. The E2 Treaty visa, for example, restricts applicants to persons that come to the United States to develop and manage the operations of an enterprise in which the applicant has invested or is actively in the process of investing a substantial amount of capital. In addition to the investment in a business enterprise, the investor should be coming to the United States to develop and direct the operations of the enterprise in which he or she has made the investment. A visa of this sort can be rejected because in reality the applicant does not own more than fifty (50%) percent of the icompany, unless the applicant is coming as an employee of the enterprise. Which leads me to discuss the B2 visa application. B2s are issued for persons wishing to visit the USA for pleasure purposes. If an applicant with an interest in pursuing activities that were for investment purposes, but didn't qualify as an E2, I would think a B1/B2 might be the next step.

Of course, without further specifics from the poster, all of this is pure conjecture....just as your comment was!

Correct me if I am wrong. But isn't it that the E-2 is valid for 2 years with a very likely option of extension based on the fact that the business is still existing?

[Barbados 0]

Basically the situation is....

My parents are UKC but have GC's and have lived in the US for 5 yrs now. I was under 21 at the time they got their GC and so was told I did not qualify.

Anyway in 2005 I went into business with my parents and invested my money into 2 businesses. I waited 21 months in the UK and was only to be told in Dec 07!!! I was denied on the fact there was not enough evidence my funds were at risk in the US! (When the Embassy were asked numerous times if they needed anything else). So I was denied on information that they never asked for! I tried to re submit the E2 application but they said I would have to start all over again bla bla bla. So after this denial, in Dec 07 I decided to apply for a B2 as now I have a company in the US I can not work in, and have lost all my investment on, I obviously wanted to have 6 months to sort out what I was going to do next with the business.

I was also denied the B2!!! yet showed all evidence that I own property in London/have a job / childs schooling etc in the UK! I was denied on "insufficient evidence" Whatever that means!

Anyway in Dec I came over to see my family and have been here in the US since then. I have met a fantastic man, whom I am actually in Love with! and I do not know what to do.

As you can see I can go back and apply for a fiancee visa from London, but I dought I would get it! Or we get Married and I file for an I -130 from the US. I have a daughter who is with me and do not want to do the wrong thing.

The other option is to go back to the UK and wait for 2 plus yrs, when my parents will become USC and I can apply for a GC!

I love my boyfriend and am scaired that even at the point of changing status I get denied again!

So there you have it!!! I honestly want to be with my boyfriend and live in the US, and have never been deported or overstayed! I have never done anything wrong, and as my parents are in the US I do not want to jepodise our future here.

Barbados