HELP, CANADIAN IN USA, BEEN HERE FOR 8 MONTHS ON NO VISA WANT TO MARRY MY GIRLFRIEND. HELP

[FortLaudy 10]

You seem to be quite fired up about this - I merely stated it is a legal option and it remains to be. VWP/Tourist visas are not dual intent - but the law does allow for adjustment from it under certain circumstances (ie: intent, etc). The "get it" wasn't really necessary imo. I got it, and have had it for quite some time

adding for the OP - i would get yourself a consultation with an immigration lawyer before doing anything.

I am a little fired up about this, because incouraging people to make use of this loophole just because it works for some VJ'ers is just wrong... there are legal/better way to go about bringing your fiancee/wife over.. not AOS from VWP... it makes me mad because the VWP is being misused and people are encouraging others to misuse it instead of letting them know of the legal route: CR-1... Now I have family that come over to visit on VWP, so yes I would like for it to remain in place... If thousands of people start attempting to AOS from VWP because VJ'ers are encouraging them to do so it might affect the VWP and a lot of people using it for it's intended purpose might lose that right.

[Chica Yeyé 41]

I am a little fired up about this, because incouraging people to make use of this loophole just because it works for some VJ'ers is just wrong... there are legal/better way to go about bringing your fiancee/wife over.. not AOS from VWP... it makes me mad because the VWP is being misused and people are encouraging others to misuse it instead of letting them know of the legal route: CR-1... Now I have family that come over to visit on VWP, so yes I would like for it to remain in place... If thousands of people start attempting to AOS from VWP because VJ'ers are encouraging them to do so it might affect the VWP and a lot of people using it for it's intended purpose might lose that right.

WORD.

Just because something can be done does not mean we should recommend it.

[FortLaudy 10]

WORD.

Just because something can be done does not mean we should recommend it.

Plus, there's also no guarantee that it "can" be done in every single case... the AOS process is hard enough just proving that you're in a legit marriage, throw in the "intent" issue is makes it just that much harder... why risk it... go home and come back on CR-1. simple, you won't die being apart for a little while, especially if you're secure in your relationship.

[Krikit 1,164]

I recommend starting a separate opinion thread if you feel strongly about the issue. In the meantime, please stay on topic. Thank you.

[rika60607 215]

Life is short and anyone may die.

Or, long separation right after marriage may cause relationship to die.

Chances, chances... what would you rather risk?..

I say, if you can prove you had no intent to immigrate when you entered the US, get married and AOS. Why chose to be miserable.

go home and come back on CR-1. simple, you won't die being apart for a little while, especially if you're secure in your relationship.

[LaL 418]

there are legal/better way to go about bringing your fiancee/wife over.. not AOS from VWP...

See - there is the rub - this makes it sound like all are planning to do this before they enter the country. Some have, sure - which we have seen on VJ even, but many don't abuse it in this way.

I was thinking about what you said regarding them taking away the VWP due to misuse & adjusting. I really can't see that happening. Tourism is still a huge industry here and I don't believe they would ever jeopardise it to that extent (they are already unfriendly enough to tourists!). The most that would happen would be the inability to adjust - but losing the VWP program as a whole - just wouldn't happen as a result.

As it stands, it is still a legal option if they meet certain criteria.

WORD.

Just because something can be done does not mean we should recommend it.

why not? if all evidence points to them entering without intent ti immigrate - what's the problem with this?

[FortLaudy 10]

why not? if all evidence points to them entering without intent ti immigrate - what's the problem with this?

Because foreigners, that have not even come over here yet, will think: "Nah, we're not gonna apply for K1, I'll just go over there on VWP and get married, I see a lot of people on VJ have done so and saying it's no problem, as long as I can show no intention of immigration" Sure, everyone makes their own mistakes and decisions, but I think a lot of people rely on VJ for their decisions and giving out bad immigration advice is just wrong.

As long as there's this loophole it will be misused, but just because some can succesfully adjust from VWP does not mean we should encourage others to do the same, the law is clear what the purpose is for the VWP and the risks are just too great - never being able to use the VWP again if denied, no appeals process if denied. Rather state facts/the law and give a better option (CR-1) than say "yeah, it worked for me, no problem, go ahead and try it".

[LaL 418]

So your advice is to tell everyone to go back and file for CR1?

Edited December 30, 2009 by LaL

[Krikit 1,164]

As long as there's this loophole it will be misused,

Misuse applies to everything. As long as there is a process for something, someone is going to misuse or abuse it..... whether it's an application for a visa or a LEGAL adjustment of status.

Please don't turn this thread into a debate on morality. Second request.

[Chica Yeyé 41]

Misuse applies to everything. As long as there is a process for something, someone is going to misuse or abuse it..... whether it's an application for a visa or a LEGAL adjustment of status.

Please don't turn this thread into a debate on morality. Second request.

That request goes both ways, right?

We are deviating terribly from the OP's question.

[FortLaudy 10]

So your advice is to tell everyone to go back and file for CR1?

That would be MY advice, yes, as I would read up on what the intentional use of the visa they're on is, weigh up the risks as outlined by the law and it would make sense to ME not to take such a risk. Others might disagree, like you...

[trailmix 77]

That would be MY advice, yes, as I would read up on what the intentional use of the visa they're on is, weigh up the risks as outlined by the law and it would make sense to ME not to take such a risk. Others might disagree, like you...

I just want to point out that the OP is not in the U.S. on the VWP - Canada and the U.S. have no such program.

I have to agree with krikit that the conversation about the morality of adjusting status - or lack thereof - is irrelevant to this thread. The OP asked what their options were and they were given them. Loophole or not, it is perfectly legal and I think it is far and above the purpose of this particular thread to advise what the OP should do. If they wanted our opinion on that then I suspect they would have posted - "What moral issues should I ponder when considering adjusting status in the U.S."

They did not.

But heck, i'm up for a discussion on it if you want to start a new thread!

Edited December 30, 2009 by trailmix

[FortLaudy 10]

That request goes both ways, right?

We are deviating terribly from the OP's question.

ooh, Len you're right! dang... got this one confused with this one:

http://www.visajourney.com/forums/index.ph...34538&st=15

sorry for the confusion, signs of hunger, I'm off on the hunt for some lunch, later VJ'ers and good luck to all!

[antda 13]

Rephrased: AS LONG AS YOU CAME HERE WITHOUT PRIOR INENTION TO IMMIGRATE ON YOUR VISIT and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such. (thanks for saying that this needed further clarification, Trailmix...)

Does this make better sense now...lol...Hope this makes more sense to you and to the OP too...

Good luck on your journey too.

Ant

Hi Hailhailrocknroll,

No, it's not illegal that you came to the US and get married while you were down here for a visit from Canada. As long as you came here

WITHOUT PRIOR INTENTION to get married in the first place on your visit and not do this as to avoid and/or break immigration laws, then it's fine and legal to do such.

I was in the same situation before too, as I came over to visit my boyfriend (now husband), on a tourist visa (which are rare for Canadians, as Canadians generally don't need visas to visit the USA) from Canada for 2 weeks, and then ended up getting married here in the USA, and overstayed, and then filed the paperwork with immigration. And yes, I did get approved and got my green card afterwards. For more information on my sitation, see my VJ timeline (the link can be found on my signature).

The next steps for you (WITHOUT PRIOR INTENTION) are:

1) GET MARRIED. DO NOT LEAVE THE USA AND DO NOT RETURN TO CANADA until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole), and the I-693 (medical forms).

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

If you HAVE PRIOR INTENTION of getting married you're probably better off filing for:

-A K1 (fiance visa...go back to Canada, file the paperwork, get married in the USA, adjust status, get green card)

-A K3 (marriage visa...go back to Canada, get married in Canada, file paperwork, come to the USA, adjust status, get green card)

-A CR-1 (marriage visa...go back to Canada, get married in Canada, file paperwork, come to the USA, get green card...)

Hope this helps. Good luck with your immigration journey too.

Ant (Visited, Married, Immigrated, Living Happily Ever After In The USA...)

Edited December 31, 2009 by Ant+D+BabyA

[antda 13]

I just want to point out that the OP is not in the U.S. on the VWP - Canada and the U.S. have no such program.

I have to agree with krikit that the conversation about the morality of adjusting status - or lack thereof - is irrelevant to this thread. The OP asked what their options were and they were given them. Loophole or not, it is perfectly legal and I think it is far and above the purpose of this particular thread to advise what the OP should do. If they wanted our opinion on that then I suspect they would have posted - "What moral issues should I ponder when considering adjusting status in the U.S."

They did not.

But heck, i'm up for a discussion on it if you want to start a new thread!

I agree... The OP was just asking advice as to what to do next (while they are in the USA)...and I gave them the list of options.....

And yes, Visitor to AOS is perfectly legal to do! (lol...I for one have done such...see my vj timeline...)

In fact, I had no clue about the immigration/visa process when I got married and afterwards and was 'stuck' in the USA...

Definitely no intention at all in my case....Just visited...got married..then realized..Uh Oh....Can I stay?

So I went to seek the advice of an immigration lawyer....

And it was the lawyer that said that I should do the Visitor to AOS route instead of the other immigrant visa routes....(no point in going back for me..)...

Definitely not a loophole here! It is legal! But yes, it does carry a lot of risk in this process!

For example, if there was a denial, it could not have been appealed (unlike the other visa routes), and would have been deported...scary....

But we took that risk anyways..and it paid off for me....Can't say that this works for everyone though...

Again, contact a lawyer if in doubt of your particular situation....Which I advise anyone to do in this and in any case...

Every situation is different...So don't pre-judge as to one way is better than another way......

As long as in the end it all works out well, then so be it...

Hope this helps too..Good luck on your journeys..

Ant