Need help figuring out best way for someone to live in US

[Captain Oates 911]

ALAN THE RED, have,has and willbe are 3 different things, the OP needs to be made aware that the law is changing as you and I are discussing it. So, before they make any decisions about coming to stay on a VWP, they should be made aware that route may not be available to them in the near future.

Of course - but as at today, what I have descibed as the position is correct.

It is a huge step to take if they do decide to marry and there is a lot more to check out than the law changing

I married very quickly and I struggled to adapt to the US and we ended up in the UK for a year as I hate rednecks and extreme right wing politics. Fortunately I was retired and had money and the time to do the admin and the relationship worked out eventually after a rocky start - it sure was no bed of roses and I ended up with TWO K1's and and advanced parole and a CR1 and my wife had a UK green card (took 20 mins in chicago)and there was lots more hassle.

Watching out for pending legislation which MIGHT come along is only one part of this huge venture.

My timeline published above is only the latter part of my journey and there was a huge amount before that. It can be done and people do it every day but it is a fight and not for casuals !

[Deputy Purple 1,294]

Of course he can come on a 90 day visa waiver but can't work. After that 90 days, you might be convinced to get married or not - at which time (if you do) he does not have to go back - you just do it and apply for adjustment of status and he can then work after getting the permit

Technically you're advising using the VWP as a Fiancee Visa which is a violation of the TOS as it is advocating Immigration Fraud.

Furthermore the landscape is changing for VWP Overstays this year. In most of the Circuit Court Districts VWP Overstay AOS applications are either being put on hold until a system wide official memo is issued or are just out-right denied and VWP entrants have no right to appeal (circuit courts have agreed to this and begun refusing to hear appeals). So your advice is potentially harmful to the OP as it could lead to them getting deported & banned.

Dont be a silly so and so giving such rotten advice

They havent even decided to marry so how can it be an unofficial fiance visa ? They are friends ! It's her boyfriend ! Cant you read ?

Who is talking overstays ? If they decide to marry (and they havent) they can marry in the 90 days visa waiver and apply for adjustment all quite legally

Millions do it !

You are such a silly sausage and give such rotten and nonsensical advice

From your first quoted post "After that 90 days, you might be convinced to get married or not - at which time (if you do) he does not have to go back - you just do it and apply for adjustment of status"

That is recommending he come for 90 days VWP and if they decide to get married after that 90 days then apply for AOS, that would be AOS as VWP Overstayer.

From my response, "the landscape is changing for VWP Overstays this year", that is referring to here and now not in the future. Currently AOS Overstayers are being denied & deported, all of this is just within the past few months.

I won't even bother calling you a "silly sausage" in relation to you nonsensical advice as it is simply reckless to advise others to play fast & loose with Immigration Laws especially when the tides are turning and the loophole you are advocating they abuse is actively being closed by USCIS.

BTW, calling me names because you don't agree with me is yet another TOS violation!

[Deputy Purple 1,294]

BTW, for those who think Denial of AOS for VWP Overstayers isn't here already, look at this post.

[KittyPollitt 284]

Of course - but as at today, what I have descibed as the position is correct.

It is a huge step to take if they do decide to marry and there is a lot more to check out than the law changing

I married very quickly and I struggled to adapt to the US and we ended up in the UK for a year as I hate rednecks and extreme right wing politics. Fortunately I was retired and had money and the time to do the admin and the relationship worked out eventually after a rocky start - it sure was no bed of roses and I ended up with TWO K1's and and advanced parole and a CR1 and my wife had a UK green card (took 20 mins in chicago)and there was lots more hassle.

Watching out for pending legislation which MIGHT come along is only one part of this huge venture.

My timeline published above is only the latter part of my journey and there was a huge amount before that. It can be done and people do it every day but it is a fight and not for casuals !

The law isn't changing, it's being properly enforced.. The VWP overstay party is over- time to do it the right way..

[Captain Oates 911]

From your first quoted post "After that 90 days, you might be convinced to get married or not - at which time (if you do) he does not have to go back - you just do it and apply for adjustment of status"

That is recommending he come for 90 days VWP and if they decide to get married after that 90 days then apply for AOS, that would be AOS as VWP Overstayer.

From my response, "the landscape is changing for VWP Overstays this year", that is referring to here and now not in the future. Currently AOS Overstayers are being denied & deported, all of this is just within the past few months.

I won't even bother calling you a "silly sausage" in relation to you nonsensical advice as it is simply reckless to advise others to play fast & loose with Immigration Laws especially when the tides are turning and the loophole you are advocating they abuse is actively being closed by USCIS.

BTW, calling me names because you don't agree with me is yet another TOS violation!

Listen and listen good

If someone invites a friend to come here for 90 days on visa waiver - and they have no INTENTION of marrying and he has no INTENTION of staying past his 90 days, then that is totally legal

Get that between your ears first.

I advised they do that and get to know each other. That's what friends do.

If, at the end of that, they form an intent to marry, and do so, and file for AOS, then that is totally legal and does not contitute an overstay

You, therefore have accused me of inciting someone to break immigration rules, which would be a crime on my behalf right now !

How dare you accuse me of that !

You should be ashamed of yourself and being called a silly sausage is incredibly mild for what you have done

If I knew your identity I would sue you for slander

Accusing other VJ members of crimes when no crime has been committed is the biggest violation of TOS that can be done and you have committed it

Stack that up against silly sausage and you are well ahead and should quit while you are ahead.

[Inky 1,110]

What about a Student Visa, where he can work but on-campus only?

[Boiler 45,499]

There is a whole alphabet of visa's.

But apart from marriage not being an option we know nothing to suggest which might work, if any.

[Aztec&Taino 144]

Wow, didn't realize it could be even more complicated that I thought lol

Yes, it is a complicated, expensive, and time consuming matter. In fact, the legal routes for obtaining lawful entry AND residency/work authorization in the US are few. Otherwise, the millions of undocumented aliens living in this country would seek lawful status, but the choices are very limited.

The same is true for those lucky people in the world who live in VWP (Visa Waiver Program) countries. They may visit the US without a visa, but they cannot legally stay to live and work under their VWP status.

Unless your boyfriend wants to study here (obtain a student visa), or has LOTS of money (to seek residency as a result of investing), or has a specialty profession (H1 specialty visa), I do not see how he could legally reside in the US. Check back with us if you decide you want to marry him or, actually, marry him (these would be the other two options, however, it does not sound as though you are interested in these options at the moment).

Best wishes!

[Rebecca Jo 1,962]

The law isn't changing, it's being properly enforced.. The VWP overstay party is over- time to do it the right way..

You know, I've never agreed with people abusing Visa Waiver privileges. I've never agreed with people intentionally entering and marrying. But coming over and deciding spontaneously to marry DOES happen.

I'm not picking on you specifically, squeaky, but your post is like a lot of others on Vj. Others whose SO's are from non-VWP nations. There are lots of ways to enter the US. People from certain countries don't have to get visas. It's not fair but it's legal.

So I guess "right" just depends on your definition. At least in my opinion.

[Rebecca Jo 1,962]

Bob4Anna - What is this term - AOS overstayer? Sounds so ominous and well, finger-pointy.

I guess you could call most K1 entrants "AOS" overstayers" at some point. Most don't have their approved greencard in hand before their I94 is expired. That means they have overtayed. They might have a I797 receipt for an application to adjust status, but a person who enters on the visa waiver, marries and files within 90 days is exactly as legal as a K1 entrant. Both have no legally defined status under the INA. Both have only the protection offered by a filed I485, which privilege is the right to remain in the US until the application is adjudicated.

Alan - you're being a pistol. Adjusting from the visa waiver has gotten more complicated. Now. Not in the future.

[JoannaV 174]

He could consider studying in the US.

You can investigate the possibility of a work visa. In general this is unlikely but we know nothing about your boyfriend's qualifications or job expertise so perhaps it is a realistic possibility.

Otherwise, you are out of luck for right now. However, 2012 is a little ways away. Concentrate on putting serious work into your relationship, discussing all the issues one should talk about before marriage, and who knows, maybe by 2012 you will both be able to get married and so get a family visa :-) Good luck! (And if it's something like divorce proceedings that prevent you from marrying, 2012 is still a ways away.)

[JimVaPhuong 4,863]

How dare you accuse me of that !

You should be ashamed of yourself and being called a silly sausage is incredibly mild for what you have done

If I knew your identity I would sue you for slander

You are an anonymous personality on the internet. An anonymous personality cannot be slandered.

Besides, when it's written then it's libel, rather than slander.

[KittyPollitt 284]

You know, I've never agreed with people abusing Visa Waiver privileges. I've never agreed with people intentionally entering and marrying. But coming over and deciding spontaneously to marry DOES happen.

I'm not picking on you specifically, squeaky, but your post is like a lot of others on Vj. Others whose SO's are from non-VWP nations. There are lots of ways to enter the US. People from certain countries don't have to get visas. It's not fair but it's legal.

So I guess "right" just depends on your definition. At least in my opinion.

"Right" about now, it means, if you're here on VWP and want to marry and immigrate, you better get your butt back on a plane after the wedding and file a CR-1. I'm all for people using VWP to visit.. but using it to immigrate is BS and wrong- and it looks like the Fed thinks so too..

[Boiler 45,499]

No it does not, just means you need better planning.

[Kathryn41 3,205]

First, may i remind everyone that the tone of voice acceptable for posting in Off Topic forums is not acceptable for the Immigration related forums.

Second, I would also like to remind people that suggesting a course of action that could be misconstrued as crossing legal lines - such as knowing a couple is interested in getting married in the future and suggesting that one comes for a 90 day visit and if they decide while here to get married and stay - is a very slippery slope as it implies that the couple has the option to come with a half formed intent of 'if it works, I'm staying'. That was definitely what I read in that post - and that interpretation does make it a TOS violation. Far better to recommend that if he comes and they decide to marry, that he plans on returning home while they pursue a CR-1 visa. The time line would fit into his long term plans of being in the US by 2012, and there is no possibility of misconstruing intentions that way.