What should we do?

[dr_astin 0]

Hi, this is my first post on this site.

I'm a U.S. citizen 33 y.o. living in Norway since I was 6 y.o.

I met my girlfriend (35 y.o.) in Japan while I was there in oct. 2007. We kept in touch by mail and Skype, I vistited her in Japan again

march 2008 and "decided" to get together. Since that time she visited me and my parents in Norway 2 times, I've visited her and her family earlier this spring. We have also spent the last summer vacations in Hawaii, because we think Hawaii is best place we can live together. I've spend 8 weeks not only doing tourist stuff to see if I could live there. She was worked as an intern at a Hawaiian nursing home. I'm a civil engineer and Honolulu will start many infrastructure projects the next years.

We have discussed the option of marrying in Hawaii while she is visiting on VWP and do the paperwork together in Hawaii instead of being seperated. However I will have to quit my job in Norway, move to Hawaii by myself and arrange a place to live, bank accounts etc. She is planning to quit her fulltime job as a nurse in Tokyo, live with her parents and take a temporary staff job when the process starts.

Will that be seen as planning to avoid immigration law?

I know the K1 option, but we fear it will take a long time. I will still have to move to the U.S. first before it can be done.

I-864 Affidavit of support:

None of us will have a U.S. income before we move to the U.S. I have 60000$ in bank savings, stocks worth 75000$, My only debt is a student loan 35000$. Don't own any house or apartment. Car is worth 5000$, will be sold.

I have always filed tax returns to the U.S. earning 70000-90000$.

My girlfriend has no debt, 40000$ in savings.

Can we self sponsor? We should have enough for meeting the 125% poverty level even if we don't have jobs arranged. I don't have any close relatives in the U.S. that I would ask to sponsor us.

Thank you for reading

[Justine+David 218]

Since Hawaii is a U.S. state, intending to get married on VWP and not returning to her own country is considered circumventing immigration laws and subjected to possible deportation. The adjustment of status is for people who entered the U.S. who did not intend to get married and the burden of proof is on you to prove it.

Edited December 30, 2009 by Justine+David

[FortLaudy 10]

You have the CR-1 route too:

But you'll have to move to Hawaii, she comes to visit on a VWP for 3 months - the two of you get married in Hawaii, she does not overstay her VWP but returns to Japan and you file CR-1

READ: http://www.visajourney.com/wiki/index.php/...Immigrant_Visas

It's best to avoid circumventing immigration laws and gambling with both your lives... Adjustment of Status (AOS) from VWP status is risky... if you're denied, THERE IS NO APPEAL PROCESS...

Who Is Eligible to Use the VWP? READ: http://www.cbp.gov/xp/cgov/travel/id_visa/...ure/vwp/vwp.xml

I have just selected some of the relevant details below to show how risky this is as the law is clear:

Intend to enter the United States for 90 days or less for temporary business or pleasure; Not to get married and stay for good

Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island unless:

Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program; Marrying and overstaying on her VWP will affect her entry on a future VWP in case of AOS Denial

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.

Since the intent of the VW is very clearly stated, it is hard to prove your intentions. Entry on VWP + intent to stay and adjust = visa fraud. Yes, some people have adjusted from VWP without this “intention” issue ever coming up, you can see examples right here on VJ. But the law is clear so don’t say you weren’t warned… The biggest risk being that on a VWP you give up your right to appeal a denial on your AOS and your wife would have to return to her country and start again with a spousal Visa (CR-1). So why not do it right from the beginning with the CR-1 ???

[sachinky 465]

Your plan would indeed fall under visa fraud--that is entering with prior intent of getting married and filing for AOS. That's circumventing proper immigration procedures. Your best bet would be a K-1. Or a CR-1.

[Darnell 8,479]

I suggest something else - it may or may not 'stay under the radar'.

She's a nurse? Is special visa category for travelling nurses, they can work in USA for a year at a time. Adjusting from that visa type is similar in process to F1 to CR1 'conversion' (my term, is really not conversion).

But - if she has her work visa renewed each year, after some time, she can apply for PR status on her own merits, without having to prove up 'benefits as a USC's spouse'. It's a bit of fine-line though...

If possible, I suggest you marry, instead, then file I-130 to be interviewed in Japan. During the filing process, she can work in Hawaii, then fly back for a few weeks for medical, police certificate, etc etc. IMO, much safer that way.

[Kathryn41 3,205]

I suggest something else - it may or may not 'stay under the radar'.

She's a nurse? Is special visa category for travelling nurses, they can work in USA for a year at a time. Adjusting from that visa type is similar in process to F1 to CR1 'conversion' (my term, is really not conversion).

But - if she has her work visa renewed each year, after some time, she can apply for PR status on her own merits, without having to prove up 'benefits as a USC's spouse'. It's a bit of fine-line though...

If possible, I suggest you marry, instead, then file I-130 to be interviewed in Japan. During the filing process, she can work in Hawaii, then fly back for a few weeks for medical, police certificate, etc etc. IMO, much safer that way.

Actually, the H1-C special category for nurses expired December 21, 2009 and was not extended. http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Darnell 8,479]

Kat - oh snap! Double Snap ! EEEK.