visiting my husband

[Angelheart1962 6]

I am also in the UK and have visited my USC hubby several times on a VWP. When asked the purpose of my visit, I tell the truth, that I am visiting my husband. Usually the immigration officer asks why we dont live in the same country, I explain we are in the process of applying for a CR-1, and that as he can see from all the other stamps in my passport (and his screen!), I have always returned to the UK well within the 90 day limit allowed on the VWP. I do think it is a good idea to take back up documentation though, just in case, like a letter from work saying I am employed, but have never been asked to show it. The officer usually says 'have a good trip!' and lets me go on my way.

[discotrash 0]

I'm guessing that the country of orgin has a lot to do with it. I know that asking for a visitor's visa from China with a CR1/CR2 pending were just laughed at (in 2004). UK? Others here have posted from their own experiences that it was not a problem.

Best of Luck to the two of you!

Well yeah, cause when you need to go to the us as a visitor, from france, or UK, or other countries of europe (don t know exactly all the countries involved in this program), you don t really ask for a visa, just have to fill a survey on internet (are you a terrorist? were you a nazi? etc....)

[Harpa Timsah 13,258]

It is fraud and against the law to AOS while B2 non-immigrant didn't leave the country and got the GC. They violated the B2 temporary intent.

Absolutely wrong. I have NOT committed fraud NOR broken the law. You are bad-mouthing me, and belittling me by calling me "baby." Please please people, do not listen to his advice.

I do not need to and will not tell you the specifics of my case, but we never broke the law, never overstayed, never nothing. He had plans to go back and then we changed our minds. There is an option for this. What Loto is suggesting in his earlier post, that the person who went back to the UK has a choice to come back to this country and lie to the POE about intent to immigrate and then file AOS. This is wrong. If she had stayed, then she could have filed AOS, but her better option was something else, because she needed to arrange things in the UK, etc, so she went back. Also perfectly valid.

Can she visit? I am not sure, but I think so, as long as she shows she will come back within time, etc.

[Kathryn41 3,205]

LotofPatience - mend your attitude. Personal attacks and aggressive posts such as you have been making are a violation of the Terms of Service for Visa Journey. As well, you are giving out inaccurate information. I have removed a number of your posts that are categorically wrong as well as a post by another poster that suggests the OP commits Visa Fraud.

The OP stated from the beginning that they were intending to pursue the CR-1 visa and asking if it was legal to visit the US during the process. Yes - it is legal but it depends upon the border guard at the POE if they will allow you into the country or not.

YOU introduced the subject of coming to the US and applying for AOS while on a visitor's visa after entering WITH INTENT. You introduced the topic of Visa Fraud and offered this as an option to the OP. This is also a violation of the Terms of Service for Visa Journey.

The OP never made any such statement of intent. You have since attacked others who entered the US on either a visitors visa or on the Visa Waiver Programme WITHOUT INTENT and accused them of visa fraud because they took advantage of the legal option to adjust status from within the US if there was no intent upon entry to remain in the US. You are also incorrect about appealing a denial of an AOS from a VWP applicant - if it is denied, there is no right of appeal under immigration law and that individual must leave the US and pursue a CR-1 visa.

Please take the time to become more familiar with the real legalities involved and do not put words into people's posts and then attack them for the concept that you introduced.

I am going to take advantage of the new mod tool administration just set up - to prevent any further mis-information like this continuing in this thread I am restricting your participation - you are no longer allowed to participate in this thread.

Edited August 18, 2010 by Kathryn41

[Lansbury 19]

Your quote - "since she would come on VWP, she would have no right to appeal the decision". Of course, there is right to appeal under the 7th circuit of U.S courts appeals. If you are not familiar with it, please read it.

Loto

You are clearly wrong. One of the conditions attached to the VWP is that you give up your right to appeal any decision made at the POE by the CBP officer. You do not get that right back if you file for AOS and are refused. Your VWP entry is revoked and you are returned from whence you came without the right of appeal. Another point to note is that a decision made in a Circuit Appeals Court is not binding on the Courts in other Circuits.