get married with a tourist visa

[Goldfee111 3]

bantam i agree with u in some parts...i got also bashed down for merry on VWP...BUT...u can also give the advise that u got burned on a hot oven even when u never touched it...so not all has to do with personal experience..when u are long enough in this forum u read a lot experience from other people..so u can sample that and give a adive too also when it was not ur personal experience...

i honor bobbys advises also when i not allways agree with him but his advises are always legal and wise.and thats what count...

but from my experience i can only say that in AOS interviews is to poof the bona fide of a marriage...i never saw an interview report where a couple got questions about their intent...

[Bobby+Umit 161]

EtherealVocalist is right, you can adjust from VWP, I did it too. Don't let the dishonest K-1 people try to tell you otherwise. They haven't gone through the process for VWP AOS and can offer you no advice from experience for adjusting inside the US nor interview advice on what they will ask you.

Bantam - please, very carefully read the posts above.

NO ONE said you can't adjust from a WP, they are giving advice if they do and alternatives.

Your post is dishonest.

Not everyone's case is the same. What works for you may not work for someone else.

Your advice to this person is insincere. You can offer this person no information on adjusting inside the US. You have no experience in an AOS interview according to your timeline. What advice can you offer this person adjusting inside the US? I wouldn't offer advice to someone applying for an I-601 waiver as I have no experience with waivers. Why are you even offering advice in the subforum for AOS through student/work/tourist visas?

I'm sorry if that was aggressive but I am only posting on this website because when I was looking to adjust status inside the US last year all I met was an army of K-1 users trying to dissuade everyone from doing this way. I didn't even think it was possible to do it this way until a few VWP people wrote responses before being bashed down.

Actually I can offer information on AOS in the US. I am researching this as much as I can prior to my own AOS, and I also talked to a lawyer about this.

I know a couple that AOS and were denied. and they came over on a VWP. I also have a friend that is right now, going to AOS his new wife, who is here on student visa, and I am helping him with this process.

So, I think I can over some humble help when I can.

Plus I get feedback from others here, and RebeccaJo pointed me to this info - MOMENI v. CHERTOFF

This is a 9th court decision. Basically, a guy came on the VWP, he overstayed the period of authorized stay (90 days). Month later he gets married, 3 months later ICE gets him, starts to deport him.

He tries to AOS, gets denied, and since the VWP takes away your right to fight decisions on deportation, he was sent home. (he lost the deportation case as outlined above)

Even though he was married to an USC. Even though he entered the country legally, he was sent home.

On that post, someone else was in a similar situation, and USCIS used this case to send him home, with a 10 year ban.

So, I think I have some knowledge of what is going on with AOS.

If you look through my posts, I first was on the side that VWP was a big NO NO, but JerIII and John and Marlene pointed out to me the actual laws, that are not in the instructions of the forms (485 etc...) and I changed my approach.

Now, I say, if you marry an USC, and have no adverse factors against you, you can AOS on a VWP/Visitors visa.

In the case of the couple I know - the "adverse factor" that nailed them was misrepresentation at the POE. 3 year ban. The case above, adverse factor, overstayed VWP, then got married/AOS.

Now, I try to get as accurate of information I can before I post it, and I try to get direct links to the law as I can.

I also bounce things against some of the old timers here (not that they are old ) to make sure it's right. Somethings I get it wrong, and I adjust my thinking accordingly.

I want everyone to be with their loved one! Legally that is

cheers!

[bantam 0]

I love that the only case you throw up Momeni vs. Chertoff of all cases as an example of what can happen. I read this when I was researching how to go about with my actual adjustment inside the US last year. How many people here will get married, overstay for a more than a year period, get arrested for overstaying and only then file their AOS two months after getting arrested to hilariously attempt to prevent deportation? Does this sound like the typical way people are attempting to adjust in the US? Is this is sincerely trying to help VWP adjusters?

I wont comment on your other vague anecdotes.

Oh and I also resent the fact that you state you want people to be with their loved ones legally as if VWP adjusters are illegal.

Edited May 2, 2009 by bantam

[Bobby+Umit 161]

I love that the only case you throw up Momeni vs. Chertoff of all cases as an example of what can happen. I read this when I was researching how to go about with my actual adjustment inside the US last year. How many people here will get married, overstay for a more than a year period, get arrested for overstaying and only then file their AOS two months after getting arrested to hilariously attempt to prevent deportation? Does this sound like the typical way people are attempting to adjust in the US? Is this is sincerely trying to help VWP adjusters?

I wont comment on your other vague anecdotes.

Oh and I also resent the fact that you state you want people to be with their loved ones legally as if VWP adjusters are illegal.

Comprehension is not your strong suit, is it?

You didn't read that case very well, since his overstay was 4 months. Not a year. So much for your research.

The example was shown that each individual case is not the same, in this case, overstay of the visa was not "forgiven", even though the marriage was to an USC.

With the limited info given by most posters, it is not wise to say "Yes - no issues with vwp and marriage", which most of the posters gave advice to ensure you have all your info ready to go, to avoid any issues.

Resent all you want, but can you point out where I said in this thread where I said VWP adjusters are illegal?

Please, really, show it.

If you actually read my posts in this thread, I said they can adjust, with no problem, as long as there are no adverse factors that would prevent the AOS.

[Boiler 46,299]

There are a few cases like this.

But it is so rare as to be irrelevant, as much chance as being run over by the proverbial bus.

[bantam 0]

I want everyone to be with their loved one! Legally that is

Are you going to imply you are referring to something else in the context of this VWP adjustment thread?

Even if my memory from when I read it last year on of the length of his overstay is wrong, everything else still remains. Unless you want to discredit what I said on the basis of that I got the length of overstay wrong.

With the limited info given by most posters, it is not wise to say "Yes - no issues with vwp and marriage", which most of the posters gave advice to ensure you have all your info ready to go, to avoid any issues.

I agree with erring on the side of caution, research your options and make your own decision. In fact I had no issues with what you wrote before you chose to engage me and give absurd examples of attempted VWP adjustments, I should have directed my post better. I was annoyed at Liebi's initial statement presenting two preferred options (omitting that they would take longer to process and would cost more and require more paperwork) and then an option which was implied to be harder (cheaper, shorter processing time, less paperwork, available to him given the information provided about his circumstances).

Edited May 2, 2009 by bantam

[Bobby+Umit 161]

I want everyone to be with their loved one! Legally that is

Are you going to imply you are referring to something else in the context of this VWP adjustment thread?

Again, I implied nothing - you are reading more in my statement than is there None of my posts in this thread suggest otherwise.

Even if my memory from when I read it last year on of the length of his overstay is wrong, everything else still remains. Unless you want to discredit what I said on the basis of that I got the length of overstay wrong.

The only thing I pointed out about you in this thread was that you posted "EtherealVocalist is right, you can adjust from VWP, I did it too. Don't let the dishonest K-1 people try to tell you otherwise." No one did that. You even came out and stated that "K-1" people are dishonest. Filing for a paticular visa makes you dishonest now?

All I read were people saying you could, but there could be issues, and to prepare for them. You even said I said people doing AOS on VWP is illegal. So who is implying something here?

With the limited info given by most posters, it is not wise to say "Yes - no issues with vwp and marriage", which most of the posters gave advice to ensure you have all your info ready to go, to avoid any issues.

I agree with erring on the side of caution, research your options and make your own decision. In fact I had no issues with what you wrote before you chose to engage me and give absurd examples of attempted VWP adjustments, I should have directed my post better. I was annoyed at Liebi's initial statement presenting two preferred options (omitting that they would take longer to process and would cost more and require more paperwork) and then an option which was implied to be harder (cheaper, shorter processing time, less paperwork, available to him given the information provided about his circumstances).

Which is exactly what people in this thread posted about, err on the side of caution, research, and consider all options. I am sure the OP can look at all options and pick the one that will work for them.

As for "absurd" examples, I am sure the couple I know would be gratified you find their situation so "absurd".

Peace.

end of line.

[bantam 0]

I understand, you are K-1. I said K-1's are dishonest. This statement was intended as reassurance that you to people who lurked while filling out these forms that you guys are making it sound like VWP is hard when if it is available to you it is cheaper and faster (which you ignored). Your examples are still outliers no matter how personal you are with these people.

I am glad I had a chance to argue with you, this had really helped me prepare for the examples people will give in the future. No hard feelings I hope.

[rebeccajo 14]

I understand, you are K-1. I said K-1's are dishonest. This statement was intended as reassurance that you to people who lurked while filling out these forms that you guys are making it sound like VWP is hard when if it is available to you it is cheaper and faster (which you ignored). Your examples are still outliers no matter how personal you are with these people.

I am glad I had a chance to argue with you, this had really helped me prepare for the examples people will give in the future. No hard feelings I hope.

K1's are not dishonest. Are VWP adjuster's dishonest?

Trying to pin either category of adjuster's as 'dishonest' is a broad paintbrush approach. Applying such principles to immigration isn't wise.

Every case is different. That's the honest truth and you should never assume otherwise. Presuming what worked for you will work for others is not.

No hard feelings I hope.

Edited May 2, 2009 by rebeccajo