Tell me I can't do this

[FullFledged 6]

About the VWP I've been told that USCIS views suspisciously people who get married on that...could be a bit too dicey for my tastes.

[jaycali 415]

How about the fact that it is simply fraud?

Entering the US on the VWP with the intention of staying is fraud. But OP is looking for advice, and may not have known this.

What part of this could make it fraud?

Entering the US on the VWP with the intention of staying is fraud. However, she can still come to the US under the VWP legally and stay for up to 90 days while the petition is pending.

She must leave within 90 days, and she'll need to be in Singapore for her medical and visa interview.

She may enter as many times on the VWP as she wishes, however:

1. While it's legal to enter, if the CBP suspects she intends to stay and adjust status, she'll be denied entry. And 2. The burden of proof in this matter is on her. This means, the CBP can deny entry without proof, all they need is a reason to suspect.

Edited April 26, 2012 by jaejayC

[aayitrun 66]

technically speaking, entering on b visas with the intent to immigrate is fraud whether or not u get caught. dont make life hell for yourself in the long run.

[FullFledged 6]

Again, guys, I'm looking to use the law to our advantage, not to decieve.

[jaycali 415]

Again, guys, I'm looking to use the law to our advantage, not to decieve.

Best advice I can give you is for your wife to visit you on the VWP. There is no law against visiting while married to an American.

[FullFledged 6]

jaejayC what would be your advice on the most efficient way that would minimize airfare and maximize the amount of time she'd be stateside while we were awaiting approval of residency?

(haven't figured out quotes yet lol)

[jaycali 415]

jaejayC what would be your advice on the most efficient way that would minimize airfare and maximize the amount of time she'd be stateside while we were awaiting approval of residency?(haven't figured out quotes yet lol)

Unfortunately, that's a little bit of a gamble. While VWP travelers on paper can stay for up to 90 days at a time, it can be very difficult to get past immigration trying to stay for long periods of time with a US citizen husband. Especially if she tries to enter a second time after a recent long stay. If the question comes up, she'll have to prove she intends to return to Singapore within 90 days.

What my wife and I are doing is making frequent trips back and forth. I was in the US for 2 and a half weeks, she came to Norway for a while, now I'm going back to the US for 2 weeks (and so on). It's expensive, but it seems to be the safest way.

Proof of ties can be employment, property ownership, lease contract etc. Documentation is a must of course. You basically want to avoid being questioned too much. She doesn't need to volunteer the information that she's married to a US citizen. That's only if they ask (never lie to them, but there's no need to volunteer information if not asked). Frequent long stays usually lead to a bit more questioning and if that topic comes up, it's kind of a 50/50 chance depending on what proof she has of ties and the mood of the CBP officer that day.

Edited April 26, 2012 by jaejayC

[TedM 9]

"maximize the amount of time she'd be stateside while we were awaiting approval of residency?"

The best answer? Don't try to game the system. As someone else said, you don't think everyone that goes through this unfortunate process wouldn't prefer to spend the waiting time with their loved one?

The safest option is to either:

1. Petition for a K-1 to get married in U.S. Save up your money and vacation time to visit her there. Once you file for an immigrant visa (K-1 or IR-1), chances of getting a non-immigrant visa are slim. Not sure about VWP, though POE would be a problem now or later if she didn't disclaim she had a pending immigrant visa.

2. Get married in Singapore and apply for IR-1. Again save up money and vacation to visit her there.

Anything else just adds risk to an already stressful, scrutinized process. You can't game the system.

[cathy2904 97]

About the VWP I've been told that USCIS views suspisciously people who get married on that...could be a bit too dicey for my tastes.

There is nothing wrong with getting married under the VWP. You will find plenty of peole on here who have done that, me included. There is only an issue if you enter under the VWP with the intent to marry and then stay. If your wife returns home after you are married then there is no problem.

[jaycali 415]

About the VWP I've been told that USCIS views suspisciously people who get married on that...could be a bit too dicey for my tastes.

No, there's no law against getting married on the VWP. In fact, if you plan to get amrried in the US and then go home, the VWP would be the correct way to go.

However, the issue arises when someone enters on the VWP, gets married and stays. On paper, you cannot adjust status on the VWP, but many local USCIS offices turn the other cheek and do it anyway. It's legal.

In essence:

Enter the US on the VWP with intent to marry and go home = Fully legal.

Enter the US on the VWP with intent to marry and adjust status = Very illegal.

Enter the US on the VWP with intent to marry and go home, but then change your mind after entry and adjust status = Fully legal.

Also, be advised that some local USCIS offices will place VWP adjustment of status cases in removal proceedings rather than adjudicate the case. I heard San Diego and Houston are notorious for this.

Edited April 26, 2012 by jaejayC

[Therealworld 90]

Ok so I know some one personally that came here on a tourist visa, and then turned it into a student visa and when he could not obtain full time status to keep his tourist visa, he married my friends daughter and they filed for an i-130 with no problems.

[FullFledged 6]

Yeah from a student visa it could be a different story, though I knew a girl who almost got deported trying to get married off of one of those.

[jaycali 415]

Ok so I know some one personally that came here on a tourist visa, and then turned it into a student visa and when he could not obtain full time status to keep his tourist visa, he married my friends daughter and they filed for an i-130 with no problems.

Yeah from a student visa it could be a different story, though I knew a girl who almost got deported trying to get married off of one of those.

Adjusting from a student visa is generally not a problem. Student visas are long term, many students stay in the US for many many years. The USCIS won't expect a 4 year graduate to have intended to get married when they initially entered on their visa 4 years earlier. Tourist visas (B-2) are somewhat similar, as they're normally good for 6 months it can be reasonably explained that they didn't intend to marry and adjust status when they entered.

When you enter on the VWP, you don't have a visa, and you're limited to 90 days. On paper, you can't adjust status. It can be difficult to convince the USCIS that you never intended to stay when you entered. People do it all the time though. The key here intent on entry.

[NY_BX 397]

Yeah from a student visa it could be a different story, though I knew a girl who almost got deported trying to get married off of one of those.

Best advise: don't full the system. Just apply for a K-1 and marry in the US or marry in Singapore and apply for a spouse visa. You'll save headaches in the long run....

[FullFledged 6]

Yeah I know what you're saying NY_BX I guess I just was shocked by these multi-month wait times.