Visa waiver question again - lawyer scare tactics I think

[Kim and Nath 0]

Thanks for all the speedy replies on my last post! I really appreciate it!

While waiting for feedback, I called a lawyer who gives free consultations. He said once my fiancé is over here, we can apply for a Adjustment of Status. The problem is, and I think this is where the scare tactic comes in, is that he said the visa waiver program is a luxury, and my fiancé can be turned away at any time if suspected that he's coming over so often due to a relationship.

Here's how often he's come over. Again, he's a British citizen - I'm not sure if that impacts anything.

He has an aunt, uncle, and 2 cousins (we met through one of the cousins)

2005 - stayed for 3 months.

2006 - arrived briefly I think (we hadn't met yet).

2007 August - arrived for 3 weeks as a groomsmen in a wedding - was held for 1 hour by customs interogating him as to why he was coming over.

we met during that trip.

2008 May - arrived for 2 weeks.

We plan to have him come over in mid-December 2008 and marry early January. The lawyer said that at any time the US can reject his visa waiver. I'm wondering if he holds to the fact that he has family and it's the holidays, it shouldn't be a problem?

Thanks for your help again!

[pushbrk 13,084]

Thanks for all the speedy replies on my last post! I really appreciate it!

While waiting for feedback, I called a lawyer who gives free consultations. He said once my fiancé is over here, we can apply for a Adjustment of Status. The problem is, and I think this is where the scare tactic comes in, is that he said the visa waiver program is a luxury, and my fiancé can be turned away at any time if suspected that he's coming over so often due to a relationship.

Here's how often he's come over. Again, he's a British citizen - I'm not sure if that impacts anything.

He has an aunt, uncle, and 2 cousins (we met through one of the cousins)

2005 - stayed for 3 months.

2006 - arrived briefly I think (we hadn't met yet).

2007 August - arrived for 3 weeks as a groomsmen in a wedding - was held for 1 hour by customs interogating him as to why he was coming over.

we met during that trip.

2008 May - arrived for 2 weeks.

We plan to have him come over in mid-December 2008 and marry early January. The lawyer said that at any time the US can reject his visa waiver. I'm wondering if he holds to the fact that he has family and it's the holidays, it shouldn't be a problem?

Thanks for your help again!

I think if he comes and indicates he's visiting family for the holidays, there's a good chance there will be no problem. He can be truthful without mentioning his full itinerary or the marriage plans. Entering again after filing the petition is somewhat more delicate. You can see many discussions about visiting during the spouse or fiance visa process.

[rebeccajo 14]

Thanks for all the speedy replies on my last post! I really appreciate it!

While waiting for feedback, I called a lawyer who gives free consultations. He said once my fiancé is over here, we can apply for a Adjustment of Status. The problem is, and I think this is where the scare tactic comes in, is that he said the visa waiver program is a luxury, and my fiancé can be turned away at any time if suspected that he's coming over so often due to a relationship.

Here's how often he's come over. Again, he's a British citizen - I'm not sure if that impacts anything.

He has an aunt, uncle, and 2 cousins (we met through one of the cousins)

2005 - stayed for 3 months.

2006 - arrived briefly I think (we hadn't met yet).

2007 August - arrived for 3 weeks as a groomsmen in a wedding - was held for 1 hour by customs interogating him as to why he was coming over.

we met during that trip.

2008 May - arrived for 2 weeks.

We plan to have him come over in mid-December 2008 and marry early January. The lawyer said that at any time the US can reject his visa waiver. I'm wondering if he holds to the fact that he has family and it's the holidays, it shouldn't be a problem?

Thanks for your help again!

I think if he comes and indicates he's visiting family for the holidays, there's a good chance there will be no problem. He can be truthful without mentioning his full itinerary or the marriage plans. Entering again after filing the petition is somewhat more delicate. You can see many discussions about visiting during the spouse or fiance visa process.

Mike ....

Read her question again carefully.

[MsZ 6]

They're planning on commiting visa fraud -- they want him to come, get married and adjust status while on he's here on vacation.

See, you can't do that. You have to file a K-1 if you want to adjust status.

Only if he goes home afterward to wait out the K-3 or CR1 process can he come to visit and get married w/o a K-1. Your plan as it is stated is clearly illegal. No scare tactics there at all. You now know the rules which I have stated and to do anything but either have him leave or apply for a K-1 is visa fraud.

[MsZ 6]

I read your other post -- your original plan was correct. This one is a no go.

[pushbrk 13,084]

Thanks for all the speedy replies on my last post! I really appreciate it!

While waiting for feedback, I called a lawyer who gives free consultations. He said once my fiancé is over here, we can apply for a Adjustment of Status. The problem is, and I think this is where the scare tactic comes in, is that he said the visa waiver program is a luxury, and my fiancé can be turned away at any time if suspected that he's coming over so often due to a relationship.

Here's how often he's come over. Again, he's a British citizen - I'm not sure if that impacts anything.

He has an aunt, uncle, and 2 cousins (we met through one of the cousins)

2005 - stayed for 3 months.

2006 - arrived briefly I think (we hadn't met yet).

2007 August - arrived for 3 weeks as a groomsmen in a wedding - was held for 1 hour by customs interogating him as to why he was coming over.

we met during that trip.

2008 May - arrived for 2 weeks.

We plan to have him come over in mid-December 2008 and marry early January. The lawyer said that at any time the US can reject his visa waiver. I'm wondering if he holds to the fact that he has family and it's the holidays, it shouldn't be a problem?

Thanks for your help again!

I think if he comes and indicates he's visiting family for the holidays, there's a good chance there will be no problem. He can be truthful without mentioning his full itinerary or the marriage plans. Entering again after filing the petition is somewhat more delicate. You can see many discussions about visiting during the spouse or fiance visa process.

Mike ....

Read her question again carefully.

I only responded to the entry on the VWP in December question. Of course staying to adjust status is out of the question. Staying to adjust status doesn't entail future entries during the process. It involves "staying". Not a good idea at all.

[Kim and Nath 0]

Thanks for all the speedy replies on my last post! I really appreciate it!

While waiting for feedback, I called a lawyer who gives free consultations. He said once my fiancé is over here, we can apply for a Adjustment of Status. The problem is, and I think this is where the scare tactic comes in, is that he said the visa waiver program is a luxury, and my fiancé can be turned away at any time if suspected that he's coming over so often due to a relationship.

Here's how often he's come over. Again, he's a British citizen - I'm not sure if that impacts anything.

He has an aunt, uncle, and 2 cousins (we met through one of the cousins)

2005 - stayed for 3 months.

2006 - arrived briefly I think (we hadn't met yet).

2007 August - arrived for 3 weeks as a groomsmen in a wedding - was held for 1 hour by customs interogating him as to why he was coming over.

we met during that trip.

2008 May - arrived for 2 weeks.

We plan to have him come over in mid-December 2008 and marry early January. The lawyer said that at any time the US can reject his visa waiver. I'm wondering if he holds to the fact that he has family and it's the holidays, it shouldn't be a problem?

Thanks for your help again!

I think if he comes and indicates he's visiting family for the holidays, there's a good chance there will be no problem. He can be truthful without mentioning his full itinerary or the marriage plans. Entering again after filing the petition is somewhat more delicate. You can see many discussions about visiting during the spouse or fiance visa process.

Mike ....

Read her question again carefully.

I only responded to the entry on the VWP in December question. Of course staying to adjust status is out of the question. Staying to adjust status doesn't entail future entries during the process. It involves "staying". Not a good idea at all.

Thanks. We're going the legal route and starting the K1 process now.

Obviously the Jan wedding idea is sacked.