Sticky situation?

[yehaww 0]

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!

Thanks uscandual. Yeah, if I sounded a little defensive in my last post it's just because certain posters here seem to be angry at me for some reason and questioning my manhood or something. This whole thread started because I was given advice by an IMMIGRATION ATTORNEY, not because I was sitting here scheming some kind of deceitful masterplan to avoid immigration law.

I appreciate helpful posts from people like you and you're right, I have gotten a lot of advice from both sides which is why I requested this thread be closed to avoid any more flaming. There are some other recent factors involved that point toward a K1 making more sense, so I think that's how we will go. I just wish I had filed for it a few months ago. We'd be halfway there. Hindsight is 20/20.

[yehaww 0]

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

I think your post sums it up the best. Sounds like we could do it the way the attorney told me and probably be fine, but you never know who you're going to bump into along the way and who might decide to make an example of your situation. It's going to be a long Summer without her, but hopefully by September or October, she can be here. Now to delve into the K1 process....

[rebeccajo 14]

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!

Thanks uscandual. Yeah, if I sounded a little defensive in my last post it's just because certain posters here seem to be angry at me for some reason and questioning my manhood or something. This whole thread started because I was given advice by an IMMIGRATION ATTORNEY, not because I was sitting here scheming some kind of deceitful masterplan to avoid immigration law.

I appreciate helpful posts from people like you and you're right, I have gotten a lot of advice from both sides which is why I requested this thread be closed to avoid any more flaming. There are some other recent factors involved that point toward a K1 making more sense, so I think that's how we will go. I just wish I had filed for it a few months ago. We'd be halfway there. Hindsight is 20/20.

Yehaww -

There's been plenty of people in your situation who HAVE come here looking for a shortcut. If that was not your intent, then I apologize.

As a long-time member of VJ, I'm always aware that a lot of people don't post - they just read. And a lot of those readers research threads. There are times when I post where I am not just writing to the OP, but those reading and to future readers. I can have a tendency to get a bit carried away when I'm trying to reinforce a point - a point you were heavily questioning. There are times, IMO, when we really can't be strong enough in reminding readers what the possible ramifications of a matter might be. Each case is so different and it matters so much to that couple.

At any rate, if I was harsh on you I apologize.

[Shelly&Jay 0]

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

I think your post sums it up the best. Sounds like we could do it the way the attorney told me and probably be fine, but you never know who you're going to bump into along the way and who might decide to make an example of your situation. It's going to be a long Summer without her, but hopefully by September or October, she can be here. Now to delve into the K1 process....

Goodluck filing and waiting. Being a part is tough. Is there any way you could visit her once to break up the time?

[meauxna 15]

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

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

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

Heya RJ, here's a fresh one for you that you'll like. Instead of debating whether it's right/wrong, legal/illegal focus on the folk who are oh-too-happy to encourage *someone else* to put their azz on the line and just go for a preconceived intent entry to AOS from a VWP (eww, that's a mouthful).

Conspiracy and ten years in the clinker! (maybe less if you weren't charging for it)

I'd add more, but I just read here that my experience is too far out of date to be useful.

[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

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

Heya RJ, here's a fresh one for you that you'll like. Instead of debating whether it's right/wrong, legal/illegal focus on the folk who are oh-too-happy to encourage *someone else* to put their azz on the line and just go for a preconceived intent entry to AOS from a VWP (eww, that's a mouthful).

Conspiracy and ten years in the clinker! (maybe less if you weren't charging for it)

I'd add more, but I just read here that my experience is too far out of date to be useful.

Pleasepleasepleasepleasepleasepleasepleaseplesase don't run off..................................................

[yehaww 0]

Yehaww -

There's been plenty of people in your situation who HAVE come here looking for a shortcut. If that was not your intent, then I apologize.

As a long-time member of VJ, I'm always aware that a lot of people don't post - they just read. And a lot of those readers research threads. There are times when I post where I am not just writing to the OP, but those reading and to future readers. I can have a tendency to get a bit carried away when I'm trying to reinforce a point - a point you were heavily questioning. There are times, IMO, when we really can't be strong enough in reminding readers what the possible ramifications of a matter might be. Each case is so different and it matters so much to that couple.

At any rate, if I was harsh on you I apologize.

Thanks for that. You'll be pleased to hear that I sent off the K1 packet today.

[christera22 8]

yahwww..........dont want to extend the debate just want to say that, my research my study on this doesnt show that usually overstay is the cause of deportation and such things. I am personally doing aos from b1/b2 but then the fact misrepresentation to the POE officer, doesnt mean anything.

E.G. my case : i met my now wife through a dating site but then we talked mainly on art and stuff and then i designed her book and came to us for the 1st time to attend some publication issues. Now i stayed for 2 months and went back. We also wanted to know each other and face. Now 2nd time when i came it was the same perpose of business except this time the book was really published and we were attending some fairs together. I asked the embassy for 5 months of stay and they gave me 1 yr multientry visa. When i asked the POE officer for 5 months & that my return plane ticket is after 5 months, he laughed and said he cannot give more than 3 months on a b1 visa and told me to file for an extension. But though i was visiting for real perpose of attnding these fairs, i was also in love with her and was visitng to know each other more. The POE officer didnt ask anything about that and i didnt say as my perpose was to attend the fairs which is true. Which is not lying to a POE officer is imp.

NOw during my stay her doctor suggested a big surgery to take place within 3-4 months, on which she wanted me to stay back as she wanted me with her. So we married before 3-4 days of my visa expiery. Now thats what i am trying to point out that impromptu marriage based on a cause, which was not planned, really means. Though we could`nt file after 8 months of our marriage because of the shortage of money but then we were married after 84 days of my stay here. So a hasty marriage is never good in their eyes. We also have a large age difference between us , my wife is elder. BUt then if there are no other adverse causes like criminal records, illegal work.............uscis do`nt deny cases so long it looks bonafide and ongoing. These guys are trained to look into people`s lives and understand that easily.

BUt i am sure whatever way you have chosen is the best. Best wishes from my end. Thanks.

Edited May 13, 2009 by christera22

[christera22 8]

Forgot to add ,

So as in the case pointed by RJ, you will see many a people has pointed some minus points where USCIS creates trouble are :

i) Overstayed visa and was not married to an USC

ii) Married after visa expired. So USCIS sees this marriage as a path to stay in US

iii) Didnt used to know the USC before coming here. ( added with point ii )

too complex really ....... I think Bobby and RJ with agree with me.

[scandal 951]

Yehaww -

There's been plenty of people in your situation who HAVE come here looking for a shortcut. If that was not your intent, then I apologize.

As a long-time member of VJ, I'm always aware that a lot of people don't post - they just read. And a lot of those readers research threads. There are times when I post where I am not just writing to the OP, but those reading and to future readers. I can have a tendency to get a bit carried away when I'm trying to reinforce a point - a point you were heavily questioning. There are times, IMO, when we really can't be strong enough in reminding readers what the possible ramifications of a matter might be. Each case is so different and it matters so much to that couple.

At any rate, if I was harsh on you I apologize.

Thanks for that. You'll be pleased to hear that I sent off the K1 packet today.

Hi Yehaww

Glad to hear that Good luck with your process. I really hope it goes quickly and smoothly for you and your fiancee, and that you will be reunited quickly.

Your post gave me a really nice warm feeling. I think this is really what the intent of VJ is all about. You came with an open mind and attitude to the subject of bringing your fiancee here legally. You got a lot of advice, some of it very heated (happens sometimes), and ultimately you've chosen a wise and reasonable course of action that has very high probability of a successful outcome.

Please do stay around and update us as you progress through the system. Welcome aboard VJ

[Bobby+Umit 161]

Yehaww -

There's been plenty of people in your situation who HAVE come here looking for a shortcut. If that was not your intent, then I apologize.

As a long-time member of VJ, I'm always aware that a lot of people don't post - they just read. And a lot of those readers research threads. There are times when I post where I am not just writing to the OP, but those reading and to future readers. I can have a tendency to get a bit carried away when I'm trying to reinforce a point - a point you were heavily questioning. There are times, IMO, when we really can't be strong enough in reminding readers what the possible ramifications of a matter might be. Each case is so different and it matters so much to that couple.

At any rate, if I was harsh on you I apologize.

Thanks for that. You'll be pleased to hear that I sent off the K1 packet today.

Congrats - you will find it will be end for the best.

good luck!

[Ed+Cindy 1]

I guess I just want to add a few things. I don't want to give the impression we're looking to scam the system. The purpose of her visit will be for us to really decide if we want to marry. To spend more than just 2 or 3 weeks together. To live together for a few months. But she will not have a job to return to if we decide to not marry. Or if we just got engaged and sent her back to Sweden and filed for a fiance visa. That is why, I guess, if I can do it legally by avoiding a k1, it would make more financial sense to do that, considering her job situation.

So just to reiterate, If she came over here for a visit, like she's done 3 or 4 times before, and I proposed and married her during the time of her visitor visa, then that would be legal? Like I said before we don't know if we will marry or not, but it IS an option that's on the table.

My fiance was hoping to do what your Swedish girlfriend wants to do. She was going ot visit me for a few months, then I was going to propose if she liked living in the US. Turns out she was denied entry into the US because of our relationship, so we had to do the K-1 anyway. No harm, other than financially and a lot of time apart.

[john & jean 37]

Here is the fresh example; adjusting from VWP (from Germany);

<snip> irrelevant post... nobody ever said it's not possible to adjust VWP, the whole concept you're not comprehending is the risk of attempting such a thing when you have some element of preconceived intent of marriage, and the acrobatic burden this places at POE to overcome the burden of doubt, and the CONSEQUENCES if one fails to overcome that burden.</snip>

You SAID you were going away and not coming back:

This thread is done for me, next please.

Can you PLEASE follow your own advice, and leave?

I don't usually get myself involved in flame wars, at least not outside of OT.

But in your case I think it's worth making an exception.

At least 3 reasonable people have suggested to you kindly and politely that you are offering misleading and wrong advice. You have responded with arrogance.

If you keep this up I will take the initiative to report this behavior to mods.

[chantpleure 0]

one of the times I came to visit Brian I had to give up my job, at the time we weren't thinking of getting married, just taking a long holiday together and at the POE into the US I almost got denied because I told them I had quit my job to visit and he (rightly so I suppose) was highly suspicious of this. I had to explain that I wouldn't have been able to take that much time off and it was easier in my industry to just quit, and then reapply when you return.. eventually he saw what I was trying to say