Married on Visa Waiver (Advice Needed)

[Jonara 0]

.........................

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! .................

When your passport gets stamped the officer with either denote it with T or B.

Do business with a T and you are in breach of the VWP. If you think that makes no difference you are mistaken, ( it is getting to be a habit) the penalty is being barred from the VWP and requiring a visa.

"Travelers need to express the purpose of their visit to the immigration officer at their port of entry to obtain a WB status on their I-94 arrival/departure card. Do not accept a WT status visa. Any error should be corrected prior to leaving the INS inspection area; visitors are urged to speak with an INS supervisor is necessary. Note: Status and length of stay as a visitor to the US is defined by what is written on the I-94 card by the INS officer upon entry.

The WB visitor (equivalent to the B-1 visitor for business) is in assignment in the US as a representative of their foreign employer. No US-based salary of fellowship payments are permitted. However, reimbursement of normal and unusual expenses, for business purposes is permitted.'

I don't see this outlined at all in the cbp.gov site. Which site are looking at?

[Boiler 45,912]

.........................

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! .................

When your passport gets stamped the officer with either denote it with T or B.

Do business with a T and you are in breach of the VWP. If you think that makes no difference you are mistaken, ( it is getting to be a habit) the penalty is being barred from the VWP and requiring a visa.

"Travelers need to express the purpose of their visit to the immigration officer at their port of entry to obtain a WB status on their I-94 arrival/departure card. Do not accept a WT status visa. Any error should be corrected prior to leaving the INS inspection area; visitors are urged to speak with an INS supervisor is necessary. Note: Status and length of stay as a visitor to the US is defined by what is written on the I-94 card by the INS officer upon entry.

The WB visitor (equivalent to the B-1 visitor for business) is in assignment in the US as a representative of their foreign employer. No US-based salary of fellowship payments are permitted. However, reimbursement of normal and unusual expenses, for business purposes is permitted.'

I don't see this outlined at all in the cbp.gov site. Which site are looking at?

My entries were never marked as such. Usually they ask the purpose of your visit, but several times I was not asked whether I was on business or not.

[familyguy 2]

.........................

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! .................

When your passport gets stamped the officer with either denote it with T or B.

Do business with a T and you are in breach of the VWP. If you think that makes no difference you are mistaken, ( it is getting to be a habit) the penalty is being barred from the VWP and requiring a visa.

"Travelers need to express the purpose of their visit to the immigration officer at their port of entry to obtain a WB status on their I-94 arrival/departure card. Do not accept a WT status visa. Any error should be corrected prior to leaving the INS inspection area; visitors are urged to speak with an INS supervisor is necessary. Note: Status and length of stay as a visitor to the US is defined by what is written on the I-94 card by the INS officer upon entry.

The WB visitor (equivalent to the B-1 visitor for business) is in assignment in the US as a representative of their foreign employer. No US-based salary of fellowship payments are permitted. However, reimbursement of normal and unusual expenses, for business purposes is permitted.'

I don't see this outlined at all in the cbp.gov site. Which site are looking at?

Take a look at page 9 to start with then continue reading and learning.

http://www.uscis.gov/files/nativedocuments...idents_Empl.pdf

Google is your friend for the rest. At what point are you going to give up and accept the reality of what I have stated? Are you really still going to say that despite the official USCIS document published on the web and linked to above that WB and WT "are no such things"?

Given your intransigence so far, I really wouldn't be surprised, after all you quite offensively and without any cause let alone evidence accused me of visa fraud!

[familyguy 2]

My entries were never marked as such. Usually they ask the purpose of your visit, but several times I was not asked whether I was on business or not.

It may be an error on the part of the officer. however, I suspect if you take out your passport and look at it carefully, somewhere inside the oval entry stamp you will see handwritten in ink either WB or WT, go take a look. Many people miss it at a casual glance.

Unless you intend to be here on business it is of no consequence, However if you do, then you need to be real sure it is marked WB or it can cause all sorts of problems.

A few years ago we were stopped at the permanent checkpoint outside of Brownsville in TX the BP gave the guy I was with all sorts of hell and threatened removal because he was marked WT yet declared to them quite honestly that we were here on business. I had gone through a different entry channel at the same airport and been marked correctly. If it were not for that event I probably would not even be aware of this myself in all honesty.

Edited August 23, 2009 by familyguy

[familyguy 2]

.........., after all you quite offensively and without any cause let alone evidence accused me of visa fraud!

Actually I will correct the above statement it was Boiler rather than you. You simply quoted him and I incorrectly attributed the original comment to you. I apologize for my error.

......................And you were extremely lucky. Sounds like you were living in the US on a tourist visa.

Edited August 23, 2009 by familyguy

[Jonara 0]

.........................

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! .................

When your passport gets stamped the officer with either denote it with T or B.

Do business with a T and you are in breach of the VWP. If you think that makes no difference you are mistaken, ( it is getting to be a habit) the penalty is being barred from the VWP and requiring a visa.

"Travelers need to express the purpose of their visit to the immigration officer at their port of entry to obtain a WB status on their I-94 arrival/departure card. Do not accept a WT status visa. Any error should be corrected prior to leaving the INS inspection area; visitors are urged to speak with an INS supervisor is necessary. Note: Status and length of stay as a visitor to the US is defined by what is written on the I-94 card by the INS officer upon entry.

The WB visitor (equivalent to the B-1 visitor for business) is in assignment in the US as a representative of their foreign employer. No US-based salary of fellowship payments are permitted. However, reimbursement of normal and unusual expenses, for business purposes is permitted.'

I don't see this outlined at all in the cbp.gov site. Which site are looking at?

Take a look at page 9 to start with then continue reading and learning.

http://www.uscis.gov/files/nativedocuments...idents_Empl.pdf

Google is your friend for the rest. At what point are you going to give up and accept the reality of what I have stated? Are you really still going to say that despite the official USCIS document published on the web and linked to above that WB and WT "are no such things"?

Given your intransigence so far, I really wouldn't be surprised, after all you quite offensively and without any cause let alone evidence accused me of visa fraud!

At what point I'm giving up? Easy - If someone close to you scanned their passports to see any indication of these categories to find nothing there AND knowing they were removed at POE anyway.

I have 2 from my end (French and British nationals with jobs and family ties in their country). Being stranded at the POE with a bunch of CBP officials breathing down your neck is not something I'd wish for anyone. It's a waste of time and not worth the risk because it goes in your immi-record which can be detrimental. Ahhh enough said.

There's one other way to settle this, why don't you invite a foreign family to the US and have them come in and out within a year? Better yet, do the 6 week gap following a 3 month stay in the U.S. (like my bf) or 2 months gap (my friend) did.

Based on my experiences thus far, I don't have to agree with you sir. The rules around VWP is just as grey as the weather here in Boston yesterday. As I can see some had favorable results than others, this tells me it's all discretionary. So be it. But quit your condescending replies as though I have not witnessed the ugly path. It's not cool to anticipate someone to show up at POE only to end up coming home alone and confused!

[TayRivers 4]

My entries were never marked as such. Usually they ask the purpose of your visit, but several times I was not asked whether I was on business or not.

It may be an error on the part of the officer. however, I suspect if you take out your passport and look at it carefully, somewhere inside the oval entry stamp you will see handwritten in ink either WB or WT, go take a look. Many people miss it at a casual glance.

Unless you intend to be here on business it is of no consequence, However if you do, then you need to be real sure it is marked WB or it can cause all sorts of problems.

A few years ago we were stopped at the permanent checkpoint outside of Brownsville in TX the BP gave the guy I was with all sorts of hell and threatened removal because he was marked WT yet declared to them quite honestly that we were here on business. I had gone through a different entry channel at the same airport and been marked correctly. If it were not for that event I probably would not even be aware of this myself in all honesty.

I have traveled to the US over many years. I have just checked my old expired UK Passports and my current UK passport, I have 27 US entry stamps spanning 25 years. Not one of them is marked with WT or WB. The stamps are from POEs all across america including Boston, JFK, Orlando Int, Atlanta, LAX, Chicago and Denver.

I am now a USC so I dont get a stamp but my Parents have traveled using the VWP twice a year for the last 5 years and looking at their passports they do not have this WT/WB on thier passports. They are now LPR so they will not use the VWP again.

[Jonara 0]

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

[TayRivers 4]

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

99.9% are not asked for any proof. they are required to show that they have a bonified marriage in the same way someone who is doing AOS from a K1 or a K3 would be. There is no additional steps for them to take and it takes no longer to do the AOS than any other applicant.

[Boiler 45,912]

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

1. The OP, who seems to have been scared off, never said when he found out.

2. It could have been the day he arrived, unlikely but possible.

3. I can think of a few cases where adjustments have been unsuccesful. The German who married and adjusted and took all his wedding photo's to the interview, had difficulty expalianing how all his family were there when he entered on a VWP and married a couple of weeks later and immediately filed.

4. Generally speaking as long as you do not make a meal of it, you should be OK. There is not set time limit, mo magic number, but if you tell the PoE that you are coming as a tourist and a few hours later file to adjust, well that is rubbing there noses in it.

[Jonara 0]

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

1. The OP, who seems to have been scared off, never said when he found out.

2. It could have been the day he arrived, unlikely but possible.

3. I can think of a few cases where adjustments have been unsuccesful. The German who married and adjusted and took all his wedding photo's to the interview, had difficulty expalianing how all his family were there when he entered on a VWP and married a couple of weeks later and immediately filed.

4. Generally speaking as long as you do not make a meal of it, you should be OK. There is not set time limit, mo magic number, but if you tell the PoE that you are coming as a tourist and a few hours later file to adjust, well that is rubbing there noses in it.

Great info gentlemen. BUT I ain't doing it if it was me and will never recommend it as such. I've turned paranoid and a scaredy cat from all the nightmares we've been through. The WVP FAQ found in cbp.gov states this:

Q: What Is the Advantage of Using the VWP?

A: The advantage of entering the United States under the VWP is that tourists and people wishing to conduct business in America can travel to the United States without obtaining visas from the U.S. Department of State.

Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have previously violated the terms of your admission, you may not enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.

It seems so cut and dry but judging from the feedback I got in this forum, it varies.

[TayRivers 4]

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

1. The OP, who seems to have been scared off, never said when he found out.

2. It could have been the day he arrived, unlikely but possible.

3. I can think of a few cases where adjustments have been unsuccesful. The German who married and adjusted and took all his wedding photo's to the interview, had difficulty expalianing how all his family were there when he entered on a VWP and married a couple of weeks later and immediately filed.

4. Generally speaking as long as you do not make a meal of it, you should be OK. There is not set time limit, mo magic number, but if you tell the PoE that you are coming as a tourist and a few hours later file to adjust, well that is rubbing there noses in it.

Great info gentlemen. BUT I ain't doing it if it was me and will never recommend it as such. I've turned paranoid and a scaredy cat from all the nightmares we've been through. The WVP FAQ found in cbp.gov states this:

Q: What Is the Advantage of Using the VWP?

A: The advantage of entering the United States under the VWP is that tourists and people wishing to conduct business in America can travel to the United States without obtaining visas from the U.S. Department of State.

Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have previously violated the terms of your admission, you may not enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.

It seems so cut and dry but judging from the feedback I got in this forum, it varies.

If you read the instructions on the I-485 about who can file for AOS and who can not file The rules that you have quoted do not apply to immidiate relatives of a USC.

See here for the Instruction for I-485

http://www.uscis.gov/files/form/i-485instr.pdf

10. Who Is Not Eligible to Adjust Status.

Unless you are applying for creation of record based oncontinuous residence since before January 1, 1972, oradjustment of status under a category in which specialrules apply (such as 245(i) adjustment, asylumadjustment, Cuban adjustment, special immigrant juvenileadjustment, or special immigrant military personneladjustment), you are not eligible for adjustment ofstatus if any of the following apply to you:

F. You failed to maintain your nonimmigrant status,other than through no fault of your own or for technical reasons; unless you are applying because you are:

1. An immediate relative of a United States citizen (parent, spouse, widow, widower or unmarried child under 21 years old);

11. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower or unmarried childunder 21 years old);

[Kathryn41 3,205]

Judgmental post removed. AOS from tourist visas is legal if there is no intent to stay at time of entry. Just because you disagree doesn't give you the right to insult the OP and others who have adjusted status through this process.

Edited August 24, 2009 by Kathryn41

[Kathryn41 3,205]

comments quoting removed posts returned to thread through copy and paste:

htslogistics-joh:

it doesn't matter what visa or vwp or whatever you came in as long as you were inspected at poe you can adjust legally as long as it wasn't your initial intent to migrate to the U.S. for example you met some one while in the U.S. and you decide to get married you can adjust. the only problem with the poster is he filed to quickly, as soon as he heard the news they were expecting wish is going to be hard for him to explain at interview.

TayRivers:

I dont know how anyone can call the OP a liar... you do not know the full circumstances of his case. It does not matter if people on VJ think it is wrong that the OP filed for AOS so soon after entry, but he has done nothing wrong, their is no immigration law that says you can not file for AOS until you have been in the US for 30 days or any other period of time.

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

Any Immidiate relative can use this legal route to AOS, including Spouse, Parents and Minor Children. I have been on this site for 4 years and have seen 100's of people file for AOS from a VWP or tourist visa and only one was questioned about their entry and that was only to establish if they had been inspected at entry. The vast majority are approved for AOS and are never asked any questions about their intent at entry and they were never asked for proof of their intent to return home.

I have seen cases ranging from "we just got married and I dont want to go home" to "My wife came to visit and now wishes to stay because she is having our child" also "Parents are visiting and Father has died, Mom does not want to go home" and "My child no longer want to live in the UK and I now have custody" Each and everyone of them can legally file for AOS and remain in the USA while it is being processed.

So Please stop calling people a Liar just because you dont like the fact that they are doing something you did not think of doing when you were in the situation where you could have done the same. They are not breaking any laws and the route they are taking is allowed under immigration law.

recentlymarried:

I understand you saying your point of view, but luckily for all of us who adjusted status to LPR from a VWP, you aren't the lawmaker in the United states. And as far as im concerned and my fellow NONliar, LEGAL adjusters with LEGITIMATE reasons to adjust, if the united states government allows it, who are you, me or anyone else to say that their law is 'wrong'??

That's my two cents. I could've let a really offensive post like this get to me, but hey, i have my green card in hand and im living my awesome/wonderful/amazing life with my husband, it only took me 5 months for the whole process, and it sucks that someone from such a great country like Australia (same as me) would say such a thing like you did.

sorry !

[Jonara 0]

Hey Tayrivers, thanks a lot for your share of helpful info.