VWP and Dual Citizenship

[maritimer 0]

So we are looking at all our options before we decide how we are going to proceed. My boyfriend lives in the US and I have dual citizenship British and Canadian. I was born in England and immigrated to Canada in 1990. I still have my british passport and travel on it once in a while instead of my canadian one. I am wondering can I go the VWP route? With a K3 you have to leave the country and wait for your approval, I was wondering if this route would allow us to marry in the US and let me stay there while i adjust my status.

[payxibka 10,047]

So we are looking at all our options before we decide how we are going to proceed. My boyfriend lives in the US and I have dual citizenship British and Canadian. I was born in England and immigrated to Canada in 1990. I still have my british passport and travel on it once in a while instead of my canadian one. I am wondering can I go the VWP route? With a K3 you have to leave the country and wait for your approval, I was wondering if this route would allow us to marry in the US and let me stay there while i adjust my status.

Not if that is/was your intention upon entry into the USA. Does not matter if you enter as a Canadian or a Brit..... Entry into the USA using a non-immigrant visa or other program with the intention to circumvent US immigration law is expressly forbidden

Edited September 9, 2008 by fwaguy

[Hydey 0]

So we are looking at all our options before we decide how we are going to proceed. My boyfriend lives in the US and I have dual citizenship British and Canadian. I was born in England and immigrated to Canada in 1990. I still have my british passport and travel on it once in a while instead of my canadian one. I am wondering can I go the VWP route? With a K3 you have to leave the country and wait for your approval, I was wondering if this route would allow us to marry in the US and let me stay there while i adjust my status.

If you decide to do this and fly out on the VWP, that is visa fraud. You cannot lie to the officer at the POE either.

[Beantownbabe 1]

The only thing is that you are not supposed to enter the country with the "intent" to marry which is what you'd be doing if you went the VWP route. It's one thing if you came in on VWP, fell madly in love and ran off to Vegas on the spur of the moment (so to speak!) but it's very frowned upon if you cut in line and 'pretend' that that wasn't the intention.

[EstebanTrabajos 7]

Well said i totally agree with everybody, intending to immigrate while crossing as a "tourist" is against USCIS policy.

[bluegreen 0]

Agreed:) And just to clarify to anyone else coming across this: There isn't really a "VWP route". What you mean is, entering as a tourist and adjusting status from within the country, from a non-immigrant visa or status.. Anyone can do this if they entered without the intention to do so, not just people from the countries that participate in the VWP. Canadians come on implied B2 visas, others come on actual B2 visas, etc, etc. It is the same process for anyone adjusting from a non-immigrant visa or status.

But if you are already here and wish to go this route, you would file as a Canadian, since that is the last country where you were a permanent resident and citizen. You are still a UK citizen, but you are not a resident there. Also, if you were admitted to the US on your Canadian passport, you were admitted on an implied B2 (Canadians have this special arrangement) and NOT under VWP, so you could not file as though your status was VWP...since it isn't:)

[Chica Yeyé 41]

Indeed, no such thing as the VWP route. What you suggest looks eerily similar to visa fraud. Be careful and explore your options.