Tourist Visa

[vanessaandbrent 0]

Oops - my bad - for some reason I thought we were dealing with the UK.

[rebeccajo 14]

Applying for a tourist visa seems suspicious while the K1 is in process unless there's a reason you cant travel on a visa waiver, such as a criminal record or health condition. My husband traveled here just before he recieved packet 3 - he ended up staying, we married, then filed adjustment of status and canceled the K1.

But which way did your husband travel?

On a tourist visa or the visa waiver program?

VWP

Really?

I thought he wasn't eligible.

[DA BOMB 1]

Applying for a tourist visa seems suspicious while the K1 is in process unless there's a reason you cant travel on a visa waiver, such as a criminal record or health condition. My husband traveled here just before he recieved packet 3 - he ended up staying, we married, then filed adjustment of status and canceled the K1.

But which way did your husband travel?

On a tourist visa or the visa waiver program?

VWP

Really?

I thought he wasn't eligible.

Why wouldnt he be eligible?

[eric_and_teresa 10]

My husband traveled here just before he recieved packet 3 - he ended up staying, we married, then filed adjustment of status and canceled the K1.

I don't mean to sound rude, but isn't this considered visa fraud (misrepresentation of reasons for traveling )? The VWP is for tourism or bussiness ONLY, not to travel with the intention of getting married and staying permanently. You had clearly stated your intentions of marriage prior entering with the VWP to the U.S. when you filed for the K-1, or did he come back home after you got married and applied for AOS while he stayed in his home country?

You were lucky they did not held the K-1 filing against you because you guys would have been in big trouble!

Edited March 19, 2008 by eric_and_teresa

[eric_and_teresa 10]

Applying for a tourist visa seems suspicious while the K1 is in process unless there's a reason you cant travel on a visa waiver, such as a criminal record or health condition. My husband traveled here just before he recieved packet 3 - he ended up staying, we married, then filed adjustment of status and canceled the K1.

But which way did your husband travel?

On a tourist visa or the visa waiver program?

VWP

Really?

I thought he wasn't eligible.

Why wouldnt he be eligible?

Because of the reasons I mentioned above.

[rebeccajo 14]

Applying for a tourist visa seems suspicious while the K1 is in process unless there's a reason you cant travel on a visa waiver, such as a criminal record or health condition. My husband traveled here just before he recieved packet 3 - he ended up staying, we married, then filed adjustment of status and canceled the K1.

But which way did your husband travel?

On a tourist visa or the visa waiver program?

VWP

Really?

I thought he wasn't eligible.

Why wouldnt he be eligible?

Because of the reasons I mentioned above.

Eric and Theresa - Just for the record, having a K1 petition in place doesn't make one ineligible to use the VWP.

[eric_and_teresa 10]

Eric and Theresa - Just for the record, having a K1 petition in place doesn't make one ineligible to use the VWP.

You are right, but what about using the VWP with the intention of marrying and applying for AOS? Is that allowed? I thought you could use the VWP to visit the U.S. strictly for tourism and bussiness.

Edited March 19, 2008 by eric_and_teresa

[rebeccajo 14]

Eric and Theresa - Just for the record, having a K1 petition in place doesn't make one ineligible to use the VWP.

You are right, but what about using the VWP with the intention of marrying and applying for AOS? Is that allowed? I thought you could use the VWP to visit the U.S. strictly for tourism and bussiness.

The 'intent' that USCIS has trouble with is intent to immigrate. There's no harm in entering the US on the VWP with intent to marry.

The answer to your question can best be found by googling 'ten foot pole'.

[eric_and_teresa 10]

The K-1 did not make him ineligible for traveling under the VWP, but the fact that they wanted to marry and apply for AOS, made him ineligible for traveling under the VWP.

Read where it says: When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

• Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;

[eric_and_teresa 10]

Eric and Theresa - Just for the record, having a K1 petition in place doesn't make one ineligible to use the VWP.

You are right, but what about using the VWP with the intention of marrying and applying for AOS? Is that allowed? I thought you could use the VWP to visit the U.S. strictly for tourism and bussiness.

The 'intent' that USCIS has trouble with is intent to immigrate. There's no harm in entering the US on the VWP with intent to marry.

The answer to your question can best be found by googling 'ten foot pole'.

The intent to marry if then you go back to your home country and stay there and apply for IR/CR.

But in this case, they married and applied for AOS and cancelled the K-1.

Edited March 19, 2008 by eric_and_teresa

[rebeccajo 14]

Read that carefully, Eric. It doesn't say he's not 'eligible'. It says "when does a national of a VWP country need to apply for a visa instead of USE the VWP".

So what you're talking about is what someone is able to do versus what they should do.

Two very different things.

The K-1 did not make him ineligible for traveling under the VWP, but the fact that they wanted to marry and apply for AOS, made him ineligible for traveling under the VWP.

Read where it says: When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

• Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;

[Ovaltine Jenkins 5]

Sure you can apply if you want. Though is it really worth the hassle and the money? You already applied for K1 and so it shouldn´t take too long for you to get it. Then when you get K1 the tourist visa will be cancelled...so if you think it´s worth doing it anyways, go for it

[eric_and_teresa 10]

Read that carefully, Eric. It doesn't say he's not 'eligible'. It says "when does a national of a VWP country need to apply for a visa instead of USE the VWP".

So what you're talking about is what someone is able to do versus what they should do.

Two very different things.

Ok, I see what you are saying.

PS: I'm Teresa

Edited March 19, 2008 by eric_and_teresa

[rebeccajo 14]

Read that carefully, Eric. It doesn't say he's not 'eligible'. It says "when does a national of a VWP country need to apply for a visa instead of USE the VWP".

So what you're talking about is what someone is able to do versus what they should do.

Two very different things.

Ok, I see what you are saying.

PS: I'm Teresa

Sowwy.

[rebeccajo 14]

Mrs. Billy Bong:

Let's start this over here where it belongs, shall we?

"rebeccajo - you as a long time member and organizer of this forum, I find it immature and completely uncalled for the message you left in my inbox:

QUOTE

Are we going to have a discussion in public about the answers to the question on the I94W regarding convictions for the use of controlled substances?

You send this to me as if it's some secret and you threaten to expose me - trust me if I had any I wouldnt post them in public so yes, if you would like to discuss this then lets. All the prior conviction history for my husband past to present has been laid before the immigration officials - and he's sitting here with a greencard....oh.. and without an I-601. Is there anything else you would like to discuss in public? "