Sticky situation?

[Jon&Lindsey 0]

From what I can see, she overstayed her VWP before filing for AOS. That would surely cause problems.

As would suspicion of intent!

Even many those who had absolutely no intent and successfully adjusted, have later said they wouldn't do it again now that they know more about the consequences if anything goes wrong and how incredibly stressful it was (myself included).

Glad someone finally put Cino in his place!

[rebeccajo 14]

Just a little late night reading for anybody REALLY interested in the complexities of this topic.

http://britishexpats.com/forum/showthread.php?t=557059

From what I can see, she overstayed her VWP before filing for AOS. That would surely cause problems.

In any case, I didn't mean to set off a heated thread. I don't think I'll really learn anything more than I already have. Thank you all again for taking the time to share your experiences.

Mods, please feel free to close this puppy up.

You need to read about the Momeni case. And more about Freeman.

Filing within the 90 day window isn't what the judge writes about. In handing down these decisions, they are actually talking being adjudicated and adjusted within 90 days. Which is a virtual impossibility.

What you should take away from the thread on BE is that there have been several rulings of late regarding adjustment of status, and a lot of the case law impacts all persons adjusting, including those coming in on a visa.

Yehaww, at the end of the day you and your girlfriend are going to make a decision. I'm not one of those persons on VJ who gets my panties in a wad about people coming over on the VWP or a visitors visa, marrying and filing to adjust. But I'd just like to ask you to really read what you wrote and then answer a question for us:

"What I'm saying is that we just want her to come for an extended visit to see how we get on in a daily living together situation and also for her to see how she likes living in the city I live in. These are important issues that can't be addresses on the 6 or 7 vacationlike visits we've had over the past 2 years."

How is this situation somehow different than what any of us in these international relationships face? What about anything that you have told us makes your situation so different from others? I mean - my husband is European. We had the VWP too.

So here's what I think - I think anyone who reads, researches, plans, concocts, or otherwise sets themselves up into a situation where they can adjust from the VWP is an abuser of that system. The VWP was established to allow citizens of other nations to come over, see the sights, and spend their tourist dollars here. These nations are usually diplomatic 'friends' of our government, and their citizens have a proven rate of low visa fraud to the US. There are nations who have lost VWP privileges in the past, and the program is still considered 'temporary' - so much so that if you read the technical details of it, you will find that it has an expiry date (which the US government has been kindly renewing).

The government giveth and the government taketh away - USCIS has before retracted privileges of all manner that are abused. It wouldn't surprise me (somewhere down the road) to learn that the US government would ban the marriage of aliens to US citizens without a proper visa. Other nations, such as the UK, already don't permit their citizens to marry persons who are foreign born without a visa. I could not go over and visit my husband (when we were dating) and just marry him. It's interesting food for thought, you know. Everybody on these forums rants and raves about how 'mean' our government is when it comes to these relationships. Yet - poof - there ya go - we still let people come in, marry, and stay. Providing of course - they aren't using a marriage to a US citizen to evade other legal paths available to them.

And lastly - you should note that this is a public forum, and officials from DHS/USCIS do read here.

Oh - I forgot - if your girl is quitting her job to come over, that means one of two things to me. Either you and she have decided she won't go home, or she is betting her job on the hope you will get off the dime and ask her to be your wife. In either case, personally - I think it's time for you to 'man up'.

[john & jean 37]

GIVE IT UP R.J. You can lead a horse to water, but you cannot make him drink...........

[Anh map 2,098]

I think Gary would even agree with RJ's post.

[Cino 5]

I think you are exceeding limits by calling me names.

Please do not do that. We are here to help people not to fight with each other. So, you know.

Edited May 2, 2009 by Cino

[scandal 951]

I think Gary would even agree with RJ's post.

No! No! Say it's not so!

Gary? RJ? In the same sentence? With the word 'agree' tossed in?????

The horror. The Horror. The HORROR!!!!!!

:rofl:

Um, I think this one is wrapped up, right? We're all good here now?

Waiter... check please!

[Cino 5]

I wonder who is being horse here ?

[Ban Hammer 13,334]

in the short time i've been on vj, i've learned who knows what, and i'd caution anyone about going against advice offered by becca.

eta: and fyi, ticking off a mod is a sure fire way to be the flavor of the month.

Edited May 2, 2009 by charles!

[john & jean 37]

in the short time i've been on vj, i've learned who knows what, and i'd caution anyone about going against advice offered by becca.

eta: and fyi, ticking off a mod is a sure fire way to be the flavor of the month.

[Ban Hammer 13,334]

in the short time i've been on vj, i've learned who knows what, and i'd caution anyone about going against advice offered by becca.

eta: and fyi, ticking off a mod is a sure fire way to be the flavor of the month.

maybe these should be given out

[scandal 951]

in the short time i've been on vj, i've learned who knows what, and i'd caution anyone about going against advice offered by becca.

eta: and fyi, ticking off a mod is a sure fire way to be the flavor of the month.

mmm... tootie-frootie?

[Ban Hammer 13,334]

in the short time i've been on vj, i've learned who knows what, and i'd caution anyone about going against advice offered by becca.

eta: and fyi, ticking off a mod is a sure fire way to be the flavor of the month.

mmm... tootie-frootie?

i'd have to ask aj

[yehaww 0]

You need to read about the Momeni case. And more about Freeman.

Filing within the 90 day window isn't what the judge writes about. In handing down these decisions, they are actually talking being adjudicated and adjusted within 90 days. Which is a virtual impossibility.

I did read about that. It only seems to be happening in very rare cases though. I don't particularly see any horror stories about adjusting on VWP, considering how often it happens, but I know the chances of being denied are rising. Some people on the board seem to think I'm here trying to scam the system. For your information, I also posted a thread in the K1 forum. I genuinely came here looking for answers to a subject I didn't know much about. And I still don't think what we wanted to do on the VWP would be illegal, but I'm leaning toward the K1 route, just because there's no chance of being denied that way.

But I'd just like to ask you to really read what you wrote and then answer a question for us:

"What I'm saying is that we just want her to come for an extended visit to see how we get on in a daily living together situation and also for her to see how she likes living in the city I live in. These are important issues that can't be addresses on the 6 or 7 vacationlike visits we've had over the past 2 years."

How is this situation somehow different than what any of us in these international relationships face? What about anything that you have told us makes your situation so different from others?

I mean - my husband is European. We had the VWP too.

I don't know what you're asking. I don't think I ever claimed that ours is a unique case. All I was asking was if she came for a visit, and we decided to get married, could she legally adjust. If the intent is to come over and feel things out and you decide to get married after a few months, is that legal? That's the million dollar question. I never claimed my case was special. Lots of people are in my position and lots of people take different routes to get results.

So here's what I think - I think anyone who reads, researches, plans, concocts, or otherwise sets themselves up into a situation where they can adjust from the VWP is an abuser of that system.

your opinion on this has been stated numerous times and noted

It wouldn't surprise me (somewhere down the road) to learn that the US government would ban the marriage of aliens to US citizens without a proper visa.

perhaps they should, but till they do, there's going to be grey area around this issue and until it's addressed, situations will arise that take advantage of the possibility. And by taking advantage, I don't mean that everyone who does it is scheming, but again, if someone comes here and makes a decision to marry after they get here, and it's legal to adjust, why not do it?

And lastly - you should note that this is a public forum, and officials from DHS/USCIS do read here.

I haven't used any actual real names and don't usually do so on any public forums just for privacy concerns. And don't take that to mean I came here with malintent. I just don't like people knowing my business.

Oh - I forgot - if your girl is quitting her job to come over, that means one of two things to me. Either you and she have decided she won't go home, or she is betting her job on the hope you will get off the dime and ask her to be your wife.

Get off the dime? All it means is that it's what has to happen for us to spend 3 months together to decide if we want to move forward. Nothing more, nothing less. If we have any second thoughts, she can go back home and get another job, maybe even the same one she left if things worked out. That would suck, but it's a chance she's decided to take. We really don't have any other options. That's the reality of our situation. Sure she hopes it's the right decision. Hopefully it is. She's not leaving her job in hopes that things DON'T work out, but who knows?

In either case, personally - I think it's time for you to 'man up'.

Man up? What are you even talking about?

[scandal 951]

I did read about that. It only seems to be happening in very rare cases though. I don't particularly see any horror stories about adjusting on VWP, considering how often it happens, but I know the chances of being denied are rising. Some people on the board seem to think I'm here trying to scam the system. For your information, I also posted a thread in the K1 forum. I genuinely came here looking for answers to a subject I didn't know much about. And I still don't think what we wanted to do on the VWP would be illegal, but I'm leaning toward the K1 route, just because there's no chance of being denied that way.

Yehaww -- as you've obviously seen, your thread got hijacked by this whole blather regarding the guy passing out bad info. Happens sometimes. You seem to be asking a serious and legitimate question. You've gotten PLENTY of advice. You're informed now about making the best decision for yourself. I think your inclination to go with K1 as a way to minimize the risk of future trouble is an eminently sensible and wise course of action. Good luck!

Edited May 2, 2009 by uscandual

[BermyCat 1]

When Phil and I got to the point in our relationship where we were almost sure we were going to get married and live in the US, what he really, really wanted to do was have me come live with him for a few months and then marry and have me stay if everything went well. As a Bermudian and a Canadian, I've never needed to worry about visas and had visited the US more times than I can count. It sounded like a great plan.

I made him call USCIS first. He was told point blank that I could not enter the US with the intention of staying without first getting a visa. Phil tried the argument that I wouldn't know if I wanted to move for sure when I entered. I'd only know after we had spent a few months together. He was told again that our plan was not legal. He asked to get transferred to a supervisor so they escalated the call to an immigration officer. The officer told him that us planning for me to stay unless we realized we couldn't live together was still entering with immigrant intent and illegal without a visa. The officer then told him that people do get away with this quite often but he wouldn't recommend it because we'd be screwed if we got caught.

Based on that conversation, your plan is illegal but it seems that most people are able to adjust successfully. The risk is that if you are one of the few people that do get questioned about intent and denied, you have no option to appeal.

I tend to be fairly risk-averse so we went the K-1 route instead. I did come for a three month visit while the petition was processing because my company let me work remotely.

Good luck.

~ Catherine

Edited May 3, 2009 by BermyCat