Spouse Enters on Visitor's Visa, Applies for Green Card

[AmyWrites 593]

It's sad for those of us who don't have the VWP to use and abuse instead of waiting months to be with our spouses but yeah, you can file, and while there's a possibility something bad will happen, it likely won't. Just be prepared to get a pissed off adjudicator just in case.

Edited July 11, 2012 by AmyWrites

[Boiler 45,558]

UK law has changed, much more interesting now.

Stay and adjust, it would be every unusual for there to be an issue.

[del-2-5-2014 1,339]

Hi guys,

So our story in brief: met my (British) husband in Wales three years ago, married in Wales a year later. We've been married two years now, and have spent that time in Europe and the last year in China teaching English. We've just returned to the States - him on a three month visitor's visa/tourist visa. Will we have any problems applying for the green card? Have just started looking into this and trying to wrap my mind around it all in a single evening is quite baffling!

I've read that it's considered fraud for the potential immigrant to enter on a tourist visa, marry, and then apply for a green card. But what about if we're already married? Would they really turn down our application simply because of the terms he entered under? (We've only been here a week, so we have nearly three months before he overstays.)

Thanks in advance for your help!

I envy you Guys. This is exactly the lifestyle I wish for my kids.

Good luck on your VisaJourney.

PS: I would remove the picture and other personal identifiers due to the sensitive nature of your queries. USCIS has been known to visit VJ, allegedly.

[AF-Wife 181]

For someone to use VWP or a visitors visa with the intent on staying and applying for AOS show that they lack a basic respect of US laws and they don't deserve the right to stay. Do they get away with it , usually. Are they good moral people definately not.

I'm sure, you end up in heaven for being such a good moral person. I'm definitely getting sick of people attacking other because they adjust their status in VWP. I assume, you did't have the option. Sorry.

[AF-Wife 181]

I envy you Guys. This is exactly the lifestyle I wish for my kids.

Good luck on your VisaJourney.

PS: I would remove the picture and other personal identifiers due to the sensitive nature of your queries. USCIS has been known to visit VJ, allegedly.

No need to remove anything from here. They NEVER said they had the intent to adjust before he entered the US. Or they never implied that they were lying to the IO. People are haut assuming that again, as always when somebody get's here on VWP.

[AmyWrites 593]

No need to remove anything from here. They NEVER said they had the intent to adjust before he entered the US. Or they never implied that they were lying to the IO. People are haut assuming that again, as always when somebody get's here on VWP.

It's just slightly annoying that people who have the option of using ESTA/VWP to visit their spouses during the process feel that they absolutely cannot wait while the rest of us from non-VWP countries have to not see our spouses during the time, or have them go through a very likely visa denial and lose the $200, or spend a few thousand to fly there for a short while, etc.

But if I had that option, it'd be extremely tempting to use it too. I don't blame OP, it's just the system, if you have the option, it'd be silly to not use it.

[amykathleen2005 441]

I'm sure, you end up in heaven for being such a good moral person. I'm definitely getting sick of people attacking other because they adjust their status in VWP. I assume, you did't have the option. Sorry.

We could have done a VWP visit and then get married and adjust status quickly. But we didn't because plain and simple it is not legal to do so if you are planning on staying. It resulted in not being together for almost a year, and hundreds more dollars then a straight VWP to AOS would have been. It seems through the tone of the OP's post it was their intention to stay.

All of these posts are allowing people to justify their actions. If you had the thought in your head when entering that you might like to say, regardless of what you stated out loud, you were breaking the law. The VWP is its own visa with stipulations. Even if you did not state to an official that you weren't planning on staying, you entering on it created an agreement that you would follow all rules of VWP including that fact that it is a nonimmigrant visa.

Just because the law is not enforced does not mean it is legal to do so. I don't have a cop at every red light but I still have to stop.

[AF-Wife 181]

We could have done a VWP visit and then get married and adjust status quickly. But we didn't because plain and simple it is not legal to do so if you are planning on staying. It resulted in not being together for almost a year, and hundreds more dollars then a straight VWP to AOS would have been. It seems through the tone of the OP's post it was their intention to stay.

All of these posts are allowing people to justify their actions. If you had the thought in your head when entering that you might like to say, regardless of what you stated out loud, you were breaking the law. The VWP is its own visa with stipulations. Even if you did not state to an official that you weren't planning on staying, you entering on it created an agreement that you would follow all rules of VWP including that fact that it is a nonimmigrant visa.

Just because the law is not enforced does not mean it is legal to do so. I don't have a cop at every red light but I still have to stop.

There is a legal way to adjust your status in the US on VWP in the eyes of USCIS. That's what counts, no matter what you think. You can't tell me, you always come to a complete stop on a stop sign or never run a deep orange / red light over .... Or have bad thoughts about somebody without telling them.

[amykathleen2005 441]

There is a legal way to adjust your status in the US on VWP in the eyes of USCIS. That's what counts, no matter what you think. You can't tell me, you always come to a complete stop on a stop sign or never run a deep orange / red light over .... Or have bad thoughts about somebody without telling them.

There is a legal way. That is to enter fully intending to go back home and then suddenly come to the realization that you need to stay and want to adjust. That is the ONLY LEGAL way to do it. But coming in and pretending that you weren't going to stay and then staying and adjusting is the not the same thing, no matter how much someone wants to think so.

[del-2-5-2014 1,339]

We could have done a VWP visit and then get married and adjust status quickly. But we didn't because plain and simple it is not legal to do so if you are planning on staying. It resulted in not being together for almost a year, and hundreds more dollars then a straight VWP to AOS would have been. It seems through the tone of the OP's post it was their intention to stay.

All of these posts are allowing people to justify their actions. If you had the thought in your head when entering that you might like to say, regardless of what you stated out loud, you were breaking the law. The VWP is its own visa with stipulations. Even if you did not state to an official that you weren't planning on staying, you entering on it created an agreement that you would follow all rules of VWP including that fact that it is a nonimmigrant visa.

Just because the law is not enforced does not mean it is legal to do so. I don't have a cop at every red light but I still have to stop.

I simply don't know how anyone that read the original post would think otherwise

[calenwen 3]

It is not arbitrary. Maybe you meant that it would be difficult to prove intention.

If your husband did not have a return ticket or if he had all of his property in the US and no ties to other countries and decided to stay, they could claim that it was his intention all along to stay. You would come back and state that it was not his intention to stay and show proof on your end of ties to another nation (rental agreement, vehicle registration, etc.) and in the end it's up to the adjudicator to decide whether or not to believe you.

Yes, I meant that it would be difficult to prove intention, cheers.

My husband did (and still does)have a return ticket to England, but we are quite young, and so don't have any property either here or there, have been in transit for the past two years, so don't have a permanent residence anywhere or own any cars or .... anything! I feel the system is not set up for either the poor or young.

[calenwen 3]

He entered as a tourist/visitor. That is non-immigrant admission to the US. If his true plan was to remain in the US and apply for permanent residence, then he misrepresented his intention. Misrepresented is a nicer way to say he lied. Lying to an immigration official can have dire consequences.

Typically there are no repercussions in circumstances similar to yours. Anyone telling you that there is no possible problem is not being truthful. But always remember that it is your lives that will be impacted by your decisions, not the advice giver(s). Gather all the information and make an informed decision.

Thank you, your advice seems quite seasoned and wise. Do you have any recommendations on where to search for reliable information on this or related topics? I have been trying, but keep turning up with quite conflicting information.

[calenwen 3]

Are you sure your husband has a visitors visa, rather than coming here on the VWP?

The reason I ask is because I remember that there was a rule that you could not appeal a denial if you were here on VWP. I don't know if that still exists, but it's something I'd check into if I were you. I don't know if he is on VWP, since you said visitors visa. But I wonder why he would get a visa for 90 days, unless he was previously denied entry to the US? You should also try and think about what he was asked by CBP when he arrived, and what he said. That can be important.

Good luck.

A separation is not the end of the world, sometimes it's necessary to do what's best for your long term future. And with immigration...making sure you can stay together long term is far more important than being together in the short term. However, it seems like AOS from VWP or tourist visas are often approved and I wish you all the best.

Helen

Thank you, Helen!

To be honest, I'm not sure. I know he had to register on on ESTA (Electronic System for Travel Authorization) before coming over. Is that part of the VWP? He was not previous denied entry to the USA. I'll ask him exactly what he said when he was questioned by the CBP - but why is this issue so important? Do they record all the conversations?

Sorry about my cluelessness on these issues! x

[calenwen 3]

UK law has changed, much more interesting now.

Stay and adjust, it would be every unusual for there to be an issue.

How has the UK law changed? If things don't work out here, we'll likely try over there, so I'm quite curious!

[AF-Wife 181]

Thank you, Helen!

To be honest, I'm not sure. I know he had to register on on ESTA (Electronic System for Travel Authorization) before coming over. Is that part of the VWP? He was not previous denied entry to the USA. I'll ask him exactly what he said when he was questioned by the CBP - but why is this issue so important? Do they record all the conversations?

Sorry about my cluelessness on these issues! x

Yes, it's part of the VWP. It's also important, that your husband didn't lie when he was question, for example stated that he isn't married. They do put the information, you give them into the computer. If he didn't lie and said everything how it is, then go ahead and apply for AOS. There shouldn't be a problem. Others done it and other will still go that route.