Visa Waiver Means Tourist Visa???

[EZ3145 0]

If you come to the States on a visa waiver program to visit a relative, does that mean you hold a tourist visa and not eligible for social security??

[Otto 83]

If you come to the States on a visa waiver program to visit a relative, does that mean you hold a tourist visa and not eligible for social security??

As mentioned in your other post.

The Visa Waiver Program (VWP) enables nationals of 35 participating countries to travel to the United States for tourism or business (visitor visa purposes only) for stays of 90 days or less without obtaining a visa.

http://travel.state.gov/visa/temp/without/...t_1990.html#vwp

I think you might be missing some details about what process your brother is filing for his wife.

[EZ3145 0]

As mentioned in your other post.

The Visa Waiver Program (VWP) enables nationals of 35 participating countries to travel to the United States for tourism or business (visitor visa purposes only) for stays of 90 days or less without obtaining a visa.

http://travel.state.gov/visa/temp/without/...t_1990.html#vwp

I think you might be missing some details about what process your brother is filing for his wife.

My brother married his wife and did wedding in Australia. She came to visit him and I think she came on the visitor visa. While she's here, my brother filed for her and he's got appointment for fingerprints already. He's wondering if he can apply for social security number for her. I-94 expires on feb. 17.

can he apply for SSN for her?

[Brother Hesekiel 2,236]

Either she came with a visitor's visa, which is the B2, or she came without a visa, in which case she would have taken advantage of the Visa Waiver Program (VWP). None of this matters, as she entered as a visitor with the intent to adjust status, which is visa fraud.

No, he can't get a SSN for her unless she has adjusted status, and he can thank Jesus Christ and the 7 dwarfs if she's not denied adjustment of status for the fraud and be deported back to the Outbacks.

[EZ3145 0]

Either she came with a visitor's visa, which is the B2, or she came without a visa, in which case she would have taken advantage of the Visa Waiver Program (VWP). None of this matters, as she entered as a visitor with the intent to adjust status, which is visa fraud.

No, he can't get a SSN for her unless she has adjusted status, and he can thank Jesus Christ and the 7 dwarfs if she's not denied adjustment of status for the fraud and be deported back to the Outbacks.

Let USCIS decide if that's visa fraud not you. I just needed to know if she can apply for SSN.

[Brother Hesekiel 2,236]

Oh, it definitely is visa fraud, that's as clear as it gets, as someone married to a USC, intending to adjust status to an immigrant would require an Immigrant visa, in your case an CR-1.

Even I can't think of a reason how to explain what you are trying to pull off, as you didn't get married out of the blue (surprise!), but where married already by the time she abused the WVP with clear immigrant intentions, and I'm pretty innovative and helpful when it comes to interpreting rules in a certain way to make 'em fit. Trust me, If I--a guy who by his own admission--was illegal for almost 14 years, tells you you're in deep sh*t, it's because you're in deep sh*t.

The make-or-break question is if the Immigration Officer will jump on the fraud or not, and that question will remain open until you guys sit in the hot chair. And hot it will be, I'm sure of it.

I did answer your question regarding the SSN unmistakably: no you cannot apply for one; they won't accept her application at this time as visitors to the US, married or not, have no legal basis to apply for a SSN, and until your AOS is decided upon one way or another, she's a legally a visitor in limbo.

You're welcome.

[Sc0tt28 26]

Let USCIS decide if that's visa fraud not you. I just needed to know if she can apply for SSN.

Just Bob is right, read the back of the I-94W. It gives very specific limitations. Among them, adjustment of status is not permitted. Neither is overstay. You would do well to listen to the sound advice of those to whom you ask questions.

[belinda63 3,038]

Yes the VWP is for visitors. It is not an immigrant visa, it is not a work visa. To obtain a social security number you must have the right to work in the US which a visitor does not thus there is no basis to apply for a social security number.

But don't take our word for it, have her go to the social security office and apply for it.

[payxibka 10,045]

I just needed to know if she can apply for SSN.

Yes, she can apply.... they won't accept the application but she can apply

Edited February 10, 2010 by payxibka

[john_and_marlene 162]

I just needed to know if she can apply for SSN.

Hopefully, they applied for an employment authorization document (EAD) at the same time they filed for adjustment of status. Once she has the EAD, she can use it to apply for a SSN.

[ScottThuy 140]

Its clear that based on the OP's posts the spouse entered on a visitor visaeven though an actual visa is waived through VWP. She has already married a USC abroad and the POE didn't see any issue with her visiting. They can file AOS, but one must realize that there is a great deal of risk associated with this. Should USCIS determine that the spouse entered the US with the intent to immigrate rather than just visit, a determination of fraud could get the spouse banned for life. She can apply for AOS, She can apply for ss# she can apply for a work permit, but it all boils down to what the USCIS thinks about the intent.

If I was the one looking at a case where someone married abroad and then came here on a visitor visa and began doing everything possible to immigrate... I would deny and slap them with a lifetime Ban...

Edited February 10, 2010 by ScottThuy

[john_and_marlene 162]

Its clear that based on the OP's posts the spouse entered on a visitor visaeven though an actual visa is waived through VWP. She has already married a USC abroad and the POE didn't see any issue with her visiting. They can file AOS, but one must realize that there is a great deal of risk associated with this. Should USCIS determine that the spouse entered the US with the intent to immigrate rather than just visit, a determination of fraud could get the spouse banned for life. She can apply for AOS, She can apply for ss# she can apply for a work permit, but it all boils down to what the USCIS thinks about the intent.

If I was the one looking at a case where someone married abroad and then came here on a visitor visa and began doing everything possible to immigrate... I would deny and slap them with a lifetime Ban...

Intent of the beneficiary when entering with visitor status will not be an issue that will deny the immediate relative of a USC an adjustment of status. If you were the one looking at the case, you would not be able to deny them and slap them with a lifetime ban based on that intent unless you are also willing to break the law by disregarding laws that apply to the adjudication.

Edited February 10, 2010 by john_and_marlene

[rsn 135]

Intent of the beneficiary when entering with visitor status will not be an issue that will deny the immediate relative of a USC an adjustment of status. If you were the one looking at the case, you would not be able to deny them and slap them with a lifetime ban based on that intent unless you are also willing to break the law by disregarding laws that apply to the adjudication.

I remember when you first brought this to my (and other people's) attention a while back. I took time to review the Adjudicator's Field Manual, and it does indeed cite cases that back up what you say here. For anyone that disputes what john_and_marlene has stated, note that he has chosen his words very carefully. While you cannot be denied based on your intent, you can be based on misrepresentation at the POE or on any related forms filled out when applying for a non-immigrant or singe-intent visa.

[john_and_marlene 162]

I remember when you first brought this to my (and other people's) attention a while back. I took time to review the Adjudicator's Field Manual, and it does indeed cite cases that back up what you say here. For anyone that disputes what john_and_marlene has stated, note that he has chosen his words very carefully. While you cannot be denied based on your intent, you can be based on misrepresentation at the POE or on any related forms filled out when applying for a non-immigrant or singe-intent visa.

As a practical matter, I think you will find very little effort on the part of USCIS to look for other reasons to deny an application that can eventually be overturned on appeal or successful with waivers and/or reapplications. They are not in the business of increasing their backlog where the eventual result, after substantial additional effort by both the applicants and the USCIS, will be a successful adjustment.

[HeatDeath 430]

The biggest problem with Adjusting from Canadian-Visitor/Visa-Waiver/Tourist-Visa is not the likelihood of approval. Let's face it, the reality is that lots of people adjust from these and the vast majority are successful. No, the problem is downside risk: the consequences if you are denied.. The potential consequences to a failed AOS from a tourist visa can be much worse - more permanent, and much harder to overcome. It's very significantly riskier. You can face significantly harsher penalties, up to a lifetime ban if they find misrepresentation, and you have much less, if any grounds for appeal. It's just not a good idea. It doesn't matter how many people get away with it, if you don't. Much better to do everything by the book.