Already married to an american girl, and want to go live in the USA

[guicole 0]

Hi !

I've married and american girl in March.

She went back to the USA and I'm planning to go in June and live there with her.

We will then fill the I-130 form and all the rest to ask for a Green card.

The thing is that I've taken my flight ticket with a flight back in France in December.

So I'm affraid that they will be sucpicious and won't let me get in.

We didn't start filling any forms yet, we were planning do to that in the USA.

But we are already married.

So, do you think I will have a probleme at the customs ? Knowing that I will enter with a tourist visa ?

What should I do ?

Thanks !

[Casprd 167]

So you got married in France and you are planning on entering the US on the VWP or tourist visa and adjusting status here? Yes that will be a big problem. Entering the US on a tourist visa or VWP with the intent of immigrating for any reason is fraud. You are setting yourself up for being banned from coming to the US and a whole bunch of other headaches.

What you should do is start the petition for the CR1/IR1 immigration visa now. Best case scenario then is you can get through the process in about 10 months and come to the US without any worries.

[nickbits 43]

What you should do is start the petition for the CR1/IR1 immigration visa now. Best case scenario then is you can get through the process in about 10 months and come to the US without any worries.

[kimsue 3]

You can't come to the U.S. to live until you have been issued the immigrant visa (CR-1 in your case). Are you saying that you plan to enter the U.S. in June on the Visa Waiver Program (VWP) and stay until December? That definitely will not work because the VWP is limited to 3 months, and you will also be in serious trouble if you tell a customs official that you are entering in order to live with (as opposed to visit) your wife.

Your wife will need to start the process by filing the I-130 and during this time you will need to remain a resident of France... when the process is done, you will have your interview in Paris and upon approval you will be able to enter the U.S. to live with your wife. You can travel to the U.S. to visit your wife during the process, but you will need to follow the VWP rules and convince the customs official that you are not intending to immigrate at that time. Be careful, because your current plans could get you into a lot of trouble.

[Deputy Purple 1,294]

Um, yeah, Immigration Fraud anyone?

At POE if they discover you are married to a USC they have been known to ask leading questions to set you up for misrepresentation.

There was a thread last year (can't find it right now) where a Japanese woman entered and concealed her marriage but her bags were searched and they found documents needed to AOS. In Secondary she was set-up for Material Misrepresentation if she attempted to AOS.

[kimsue 3]

I should have added some of my personal story, which is one way to approach this situation...

My husband and I were married in France in September 2010. In October 2010 we flew together to the U.S., where he entered under the VWP without any problems. Once we got here, we prepared all the paperwork and sent in the I-130. My husband flew back to France in December 2010 (within the 90-day window). He's been waiting there since December and now his interview is coming up in June.

Could you clarify whether you are entering in June under the VWP or whether you have a tourist visa that allows you to stay 6 months? It won't work under the VWP if your return ticket is in December. If you want to enter under the VWP, you need to make your trip shorter and realize that you are only entering the U.S. for a temporary visit, not to live with your wife.

[guicole 0]

But i see nothing on the USCIS website that says that.

it says that we can ask for a AOS with a I-130 form when we entered the country with a VWP.

There is nothing mentionned about the intent to stay.

And they didn't asked me any question about that on the POE.

so... i'm confused...

[JimVaPhuong 4,863]

But i see nothing on the USCIS website that says that.

it says that we can ask for a AOS with a I-130 form when we entered the country with a VWP.

There is nothing mentionned about the intent to stay.

And they didn't asked me any question about that on the POE.

so... i'm confused...

You want to provide a link?

[guicole 0]

You want to provide a link?

Well, if you read this : (http://www.uscis.gov/files/form/i-485instr.pdf) you can see that I can file the I-485 while being on the VWP and being a spouse. (page 2, 8.K)

There is no mention anywhere, about the "intent to stay" being a cause of rejection of the I-485.

And also, after reading the instructions for both I-130 and the I-485, I don't see it mentioned that we Need a Visa to ask for the AOS.

I understand what all of you are saying about this idea of fraud and I do not want to commit fraud, nor do I plan to. I am simply looking for some official documentation about these things since all the reading I have done on the USCIS website hasn't shown me these rules. Any help would be greatly appreciated.

[belinda63 3,047]

The Visa Waiver Program (VWP) enables nationals of 36 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. Source.

There are various types of nonimmigrant visas for temporary visitors to travel to the U.S., if you are not a U.S. citizen or U.S. Source.

So what you would be doing is entering the US on a visa that is for only a temporary stay with the intent to remain here. That is where the fraud comes into play, you are essentially lying as to the purpose of your trip.

[JimVaPhuong 4,863]

Well, if you read this : (http://www.uscis.gov/files/form/i-485instr.pdf) you can see that I can file the I-485 while being on the VWP and being a spouse. (page 2, 8.K)

There is no mention anywhere, about the "intent to stay" being a cause of rejection of the I-485.

And also, after reading the instructions for both I-130 and the I-485, I don't see it mentioned that we Need a Visa to ask for the AOS.

I understand what all of you are saying about this idea of fraud and I do not want to commit fraud, nor do I plan to. I am simply looking for some official documentation about these things since all the reading I have done on the USCIS website hasn't shown me these rules. Any help would be greatly appreciated.

Being a relative of a US citizen is the ONLY basis on which a VWP entrant can adjust status. That's why VWP entrants are listed in the category of people who cannot apply for adjustment of status, and being an immediate relative of a US citizen is given as an exception. Be very careful trying to extract an understanding of immigration law from the form instructions. There are a great many people who thought everything they needed to know was contained in the form instructions, and immigration attorneys make very good money trying to help these people out of the mess they make for themselves.

Adjustment of status after entering with any sort of non-immigrant visa or entry pass is an exception to normal immigrant visa processing, and not just an alternative to it. It is meant to be used in unusual circumstances where it would be impossible for someone to return to their home country for immigrant visa processing, or where someone's circumstances had changed substantially since arriving in the US and it would be needlessly bureaucratic to force them to return to their home country for immigrant visa processing. What you're talking about is planning this in advance as if it were some sort of easy shortcut around the normal immigrant visa process. This is called "preconceived intent", and it's illegal. USCIS can't read your mind and determine what your intentions were when you entered the US, so it's the job of the US consulates abroad and the CBP officers who work at the immigration desks at the ports of entry to try to detect people with preconceived intent and stop them.

You are now the spouse of a US citizen. You may be asked about your marital status when you enter the US. If you tell the truth then the CBP officer may refuse to admit you to the US because they consider you a risk for preconceived intent to adjust status. Alternatively, they may ask you if you intend to adjust status. If you say "no", and subsequently submit an AOS application, then your AOS application will be denied, and you'll be barred from returning to the US for material misrepresentation.

If you'd like to test your theory about intent not being an issue then I suggest you arrive in the US using the VWP and tell the CBP officer that you intend to adjust status based on your marriage to a US citizen. I guarantee you will be denied entry.

As a VWP entrant, you are required to give up any right to appeal any decision by any US immigration officer. If you are denied entry to the US then you will not be able to use the VWP again. If you are denied AOS then you will be immediately removed from the United States - there will be no deportation process, and no hearing in front of an immigration judge. Any decision by any US immigration officer is final - no review, and no appeal.

If you intend to immigrate to the United States then follow the proper and legal process, and obtain a spousal immigrant visa. You'll avoid a lot of potential headaches, you'll get your green card soon after arriving in the US, and it's cheaper!