This might be a taboo topic...

[FortLaudy 10]

Yeah, this is TOTALLY feasible. I mean, Philip Perkins is such an uncommon name, and it would be unlikely that another one might be entering the US at any uncertain time in the future at any uncertain POE. I mean heck, what's so bad about tarring every person named Philip Perkins with the same brush if it means we can keep one goshdarn queue-jumper out of the US because it's so frickin' UNFAIR? Yes, an All Points Bulletin for all POEs on Philip Perkins sounds just peachy. Especially since we can be sure that is his name in the first place.

As Robin (Trompe) says above, people get so emotional about this. Yes, it's unfair and against USCIS regulations. We have all made the decision to do this correctly and legally -- bully for us, we can sleep well at night. Some people figure there's a way around this, and there may very well be (in 99.9% of the cases, apparently). It's all about your appetite for risk. For some us, the cost is too high to know you have no right of appeal and the possibility of a ban. Others see it differently, if wrongly, and opt to circumvent the law. For most people who are filing from VWP countries, the amount of time apart (ESPECIALLY for K1s) is minimal compared to the amount of time you will hopefully spend together. It stinks, but get some perspective. The way some people go on about this you would think that the time spent separated from your loved one involved at least one of you being stuck in federal pound-me-in-the-a$$ prison in the interim, with frequent taser sessions and a diet of gruel. (Please note -- I said VWP countries.)

Post of the day!

[Wyld Blu 35]

I think it would good for us to all get a bit of perspective on the OP. He did say he consulted a lawyer. He didn't seem to know, or understand that what he was proposing is illegal.

In this day and age of instant info, via the web, where you can practiacally Google anything, there are some people, (gasp) who don't do the research for one reason or another. They depend on other people, ie, attorney, or in my case the USCIS itself, to give us correct information, thus thinking of that as research.

These people (IMO) are not necessarily trying to circumvent the law, but are certainly ignorant of it. While this is no excuse, it is sadly, the way it is. So, before we all slay the "evil doers", perhaps we should consider that they just didn't know better, or were given incorrect information from people who SHOULD know better. In a perfect world, they would get all the correct info from the get go, or all do their own personal research. But this is not a perfect world...

-Blu-

Edited January 27, 2010 by Wyld Blu

[Kittykisses73 1]

Well if you come to this country with that as you intention, it is fraud!

Me & my husband found ourself in a very fortunate situation. But to come here with those intentions you are asking for trouble!

And as a wise VJ member stated before me, never underestimate the USCIS's ability to track anything you post anywhere.

[FortLaudy 10]

I think it would good for us to all get a bit of perspective on the OP. He did say he consulted a lawyer. He didn't seem to know, or understand that what he was proposing is illegal.

In this day and age of instant info, via the web, where you can practiacally Google anything, there are some people, (gasp) who don't do the research for one reason or another. They depend on other people, ie, attorney, or in my case the USCIS itself, to give us correct information, thus thinking of that as research.

These people (IMO) are not necessarily trying to circumvent the law, but are certainly ignorant of it. While this is no excuse, it is sadly, the way it is. So, before we all slay the "evil doers", perhaps we should consider that they just didn't know better, or were given incorrect information from people who SHOULD know better. In a perfect world, they would get all the correct info from the get go, or all do their own personal research. But this is not a perfect world...

-Blu-

You have a good point. My hubby and I were also a little ignorant on how exactly USCIS worked way back then. When we got engaged we wanted to jump on a plane and go visit my family, only after a few good friends (who knew much more about immigration) strongly advised us not to did we have to do some research. See if I had travelled with my USC fiancee abroad and tried to re-enter on a non-immigrant visa, that would clearly be entering with intent to immigrate on a non-immigrant visa which would be illegal. We were strongly advised to get married and do the AOS process before going Anywhere abroad together. Had we not been told so by friends we would've just gone right ahead and travelled and at POE we might have had a huge problem and be seperated for who knows long. Sometimes people just don't know. Sometimes they do but decide to take the risk anyhow.... so I say each for their own, but there aint no way I'd have done anything illegal or that might have caused some suspicion... what for?

[GabiandVi 34]

Here's the kicker for me. Not only did a lawyer recommend this to me, but the USCIS "help" line person recommended it to me...more than once. After doing our independent research though, we didn't want to take the risk. It still blows me away that the USCIS recommeded me do something that is completely against their own rules and laws! I am glad we did our research on it. Just one more example of why calling the USCIS "help" line is a useless venture.

-Blu-

Before I joined VJ and didn't know any better, this was our plan. I called USCIS and asked about it. I can't say that the person I spoke to recommended it, but when I explained our plan, she told me all the steps I would have to go through. She advised me of all the forms I would have to fill out and the order I should submit them. My husband and I had been married for more than 2 years at that time, had a child, and there was no question that we had a preconceived intent for him to remain upon arrival on his B2. My explanation to the USCIS agent was very clear on that point, but she never told me this was not legal nor suggested it would be seen as fraud.

VJ scared me away from that plan. I remember some responses were pretty heated. I felt thoroughly chastised.

[Trompe le Monde 1,107]

A lot of people, who haven't logged up 5,678 hearts on VJ, think that this is a proper way to go about The Process.

I once thought this was what I would do, namely because movies and friends, etc and I also spoke to a lawyer who said "they don't like to do it this way, but...". When someone posts asking about whether this is the way they should do it (and it's their first post on VJ), people need to give them the benefit of the doubt and explain why it might not be the best idea without getting all choked up about "being insulted", "immaturity" etc

[mox 298]

There is a CBP who is active on these boards. I really hope he's flagged any Philip Perkins entering the US on a VWP anytime soon to be asked specifically if he intends to get married whilst in the country. Mr. Perkins would then either lie, or get denied. If the former, when said Mr. Perkins goes to AOS, he'll be denied because of his material misrepresentation.

Would that honestly make you feel better? Because somebody might do it the "wrong" way, you would actually get satisfaction in knowing that this person would be denied from seeing his fiancee, and very probably being denied in the future. You would actually derive happiness and satisfaction knowing that two people who just want to be together would be denied that opportunity?

I think that's really sad. I don't like you very much at all, but if you and your fiancee were to be kept apart because somebody else torpedoed your visit, it sure wouldn't make me happy.

[Boiler 45,922]

Would that honestly make you feel better? Because somebody might do it the "wrong" way, you would actually get satisfaction in knowing that this person would be denied from seeing his fiancee, and very probably being denied in the future. You would actually derive happiness and satisfaction knowing that two people who just want to be together would be denied that opportunity?

I think that's really sad. I don't like you very much at all, but if you and your fiancee were to be kept apart because somebody else torpedoed your visit, it sure wouldn't make me happy.

Totally agree, some really vindictive people on this board.

[FortLaudy 10]

I don't like you very much at all

[Kathryn41 3,205]

Before I joined VJ and didn't know any better, this was our plan. I called USCIS and asked about it. I can't say that the person I spoke to recommended it, but when I explained our plan, she told me all the steps I would have to go through. She advised me of all the forms I would have to fill out and the order I should submit them. My husband and I had been married for more than 2 years at that time, had a child, and there was no question that we had a preconceived intent for him to remain upon arrival on his B2. My explanation to the USCIS agent was very clear on that point, but she never told me this was not legal nor suggested it would be seen as fraud.

VJ scared me away from that plan. I remember some responses were pretty heated. I felt thoroughly chastised.

This is why the Help line is less than affectionately known as the "Mis-Information Line". The people who answer the phone are not immigration officers - they are call center personnel who have a sheet of commonly asked questions in front of them and read off the answers from their list. Unfortunately, they miss some of the legal nuances, as they did above. I had one tell me I was allowed to file my Removal of Conditions and my Citizenship application at the same time! - NOT.

Lawyers as well are sometimes less than honest and unfortunately many are more interested in getting your business. They aren't the ones who have to suffer the consequences when things go awry. Just because you might be able to 'do' something and get away with it, doesn't mean that you 'should'. Misrepresentation and lying to USCIS has a very unhealthy way of coming back and biting you - maybe not at the AOS, but maybe sometime in the future when you apply for citizenship or even after becoming a citizen. There is no expiry date on misrepresentation - you will never know when it will come back and 'get' you and may haunt you for the rest of your life if you do succeed in getting away with it. It is illegal. It isn't worth the hassle or the risk - especially compared to the several months wait of doing it legally.

Overkill for the UK to have to jump through these immigration hoops? Canada is the US' next door neighbour and Canadians enjoy a special relationship with the US border but Canadians have to jump through these same immigration hoops. The US is a foreign country. It sets its rules and it has every right to expect those who wish to enter the US to abide by its laws. Doing otherwise is not only illegal, but also disrespectful. Just because you don't think you should have to follow this process because you're from a 'safe' country doesn't mean you have the right to try and bypass the law.

Read up on the K-1 process. And fire your lawyer - he does not have your best interests at heart.

Oh, as the Canadians currently going through the US Consulate in Montreal will tell you, the staff there do read Visa Journey and are able to identify them and their process by name. It has happened a number of times during the different interviews. This is not a 'scare' tactic - merely a fact that the internet is a very public place and you never know who is 'listening'.

Edited January 28, 2010 by Kathryn41

[Boiler 45,922]

This is why the Help line is less than affectionately known as the "Mis-Information Line". The people who answer the phone are not immigration officers - they are call center personnel who have a sheet of commonly asked questions in front of them and read off the answers from their list. Unfortunately, they miss some of the legal nuances, as they did above. I had one tell me I was allowed to file my Removal of Conditions and my Citizenship application at the same time! - NOT.

Lawyers as well are sometimes less than honest and unfortunately many are more interested in getting your business. They aren't the ones who have to suffer the consequences when things go awry. Just because you might be able to 'do' something and get away with it, doesn't mean that you 'should'. Misrepresentation and lying to USCIS has a very unhealthy way of coming back and biting you - maybe not at the AOS, but maybe sometime in the future when you apply for citizenship or even after becoming a citizen. There is no expiry date on misrepresentation - you will never know when it will come back and 'get' you and may haunt you for the rest of your life if you do succeed in getting away with it. It is illegal. It isn't worth the hassle or the risk - especially compared to the several months wait of doing it legally.

Overkill for the UK to have to jump through these immigration hoops? Canada is the US' next door neighbour and Canadians enjoy a special relationship with the US border but Canadians have to jump through these same immigration hoops. The US is a foreign country. It sets its rules and it has every right to expect those who wish to enter the US to abide by its laws. Doing otherwise is not only illegal, but also disrespectful. Just because you don't think you should have to follow this process because you're from a 'safe' country doesn't mean you have the right to try and bypass the law.

Read up on the K-1 process. And fire your lawyer - he does not have your best interests at heart.

Oh, as the Canadians currently going through the US Consulate in Montreal will tell you, the staff there do read Visa Journey and are able to identify them and their process by name. It has happened a number of times during the different interviews. This is not a 'scare' tactic - merely a fact that the internet is a very public place and you never know who is 'listening'.

The Lawyer my wife consulted and who said to do the VWP Express also said that we could do it ourselves. Not rocket science. If he wanted money then not the route to recommend.

My guess is that this is the norm, K1 is the odd one out. Most peope I have physically met went the Express route.

[Mrs. Gil 1]

My two cents is do it the legal way. If you are in a country that allows you to visit the US easily, why not file the K-1 and just come visit while you're waiting? Go back home for your interview and then get the right visa to come back and marry your fiance. The process really isn't that long, and the cost, while not cheap, is manageable, especially when weighing it against that very small chance you get caught and banned from the U.S.

[m_ru 0]

hmmm what about this:

"If your relative is already in the United States, he or she may apply to adjust status to become a green card holder (permanent resident) after a visa number becomes available using Form I-485."

from:

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

even better fill concurrently I-130 and I-485

please don't bite me;-)

Edited January 28, 2010 by m_ru

[CherilynandDamion 1]

In my opinion (and who really cares what my opinion is?) just do it the legal way. I can understand you considering going a non-legal way as the thought of being apart from the one you love for any length of time is not a nice thought, but it will be worth it in the end to do it correctly. If you go the wrong way, you are kind of on your own with it all. Where as if you do everything legally then you will have so much more support and sources of information to help you along the way. You'll be amazed how much help places like this website can be when you are feeling low or have a stupid question (that probably isn't a stupid question, you just think it is). Just my opinion. I hope everything works out for you.

[lovelyalex 99]

You're correct I should have been more specific, or used the correct terminology. The VWP is 90 days.

My VWP was for 110 days. I think that might have been some kind of mistake on the IO at my POE though because I thought they were 90 days too