VWP and Marriage in the US

[Bkaur 0]

Hello All,

This question was posted on the British Expat site by someone else, and I just wanted to get the correct info to pass along to this person. (I've already successfully received my Green Card through Marriage)and am in the process of applying for US citenzhip )

Anyway, I have used VJ myself so have read lots of posts that people had posted and answers received. Well, this question that came up on British Expat site is from a UK citizen who is planning on getting married under the VWP later this year to her US boyfriend. I remember reading that this is a big no no when it come to intent? I would like to respond to that post but wanted to make sure I had the correct info before passing it along to the lady.

She mentions, that after they marry they would like to apply for the CR-1 visa but her partner will be deploying downrange shortly after ( he is military)

if any of you wonderful people could give me some info that would be great, I would hate for this person to make all these plans and then get caught up in some issues with immigration ( BTW, I do not know this person, simply read her post on British Expats)

Thanks in Advance.

[Harpa Timsah 13,258]

She can get married on VWP and file CR-1 (leaving when VWP allotment is over). Fine plan.

[NigeriaorBust 4,087]

Marrying in the US is fine , people travel to places like Hawaii or Las Vagas and do this every day. Using a non immigrant visa or VWP to enter the US with intent to stay is a big nono. Even though you rarely see them impose the ban you could end up with a lifetime ban.

[SOflaherty 40]

It's one of those weird grey areas. Adjusting on VWP through marriage is perfectly legal. Supposedly if you use it with the intention of coming here to marry and adjust, that is visa fraud. However almost no one is questioned about their intentions when they come through, and people have the right to change their minds once they get here, happens all the time. On the flip side of that, it is documented that in and of itself, 'intent to adjust', even if it can be proven, is not enough to deny the adjustment so long as the case stands on it's own merits(meaning you have no other strikes against you).

You have to realize that many people are very resentful of VWP adjustments here anyways, because although they are perfectly legal, are a bit of a loophole in the system that usually pushes CR-1's and fiancee visas(most countries don't have the VWP option), and so doing a VWP is seen by many as skipping the line. There's also the fact that a VWP applicant has no recourse if their adjustment is denied- there is no hearing like there would be on any other denial, so it's seen as a bit more risky.

VWP marriage adjustments are done successfully every day, but the CR-1 is the 'safer' way to go, so in the end it's up to her.

Edited June 1, 2012 by SOflaherty

[Xanax 349]

She can get married on VWP and file CR-1 (leaving when VWP allotment is over). Fine plan.

Yep- what HARPA TIMSAH said!

[Xanax 349]

Oh also, they might qualify for expedite I believe if he is active military so her petition should get approved in a more timely manner.