Concerned ... please help

[blueheeler18 0]

I am a little concerned after having a private message session with someone from this site. (no punt intended for the person I have been private messaging if you read this, just need other peoples opinions)

Firstly, here is my story.

About 4 - 5 years ago, I was chatting to a good mate here in the US (currently here on VWP myself). A good friend of his (my now finace) was at his place. I got talking to her, we clicked and remained in frequent contact via Skype and Facetime etc.

I eventually came over to the US in August of this year, stayed with my mate but also got to meet my fiance for the first time. We all hung out, had a great time and although we already knew how much we were in love with each other, finally meeting face to face confirmed it for us. I left the US and returned back to Australia after being here for 7 days. I flew over again for a further 2 weeks, 2 weeks after returning from my trip in August, we found it very hard to be apart, plus I had some more annual leave I wanted to use up, so I came back and stayed 12 days. At no point when flying over or entering the US did I plan to ask her to marry me, but by the 2nd to last day of being there, I decided to ask her to marry me, she agreed and said yes. (yup a beautiful story).

2 days later I flew back to Australia. We continued to chat, looking into visa options etc and how we could make our marriage work. 11 weeks later I flew back to the US (end of Nov 2012), and after being here 12 days we decided to file the petition for the I-129F which has already been received and accepted (NOA1).

The person I was private messaging on here suggested this could create a problem as I could have potentially have had the intent to marry which is visa fraud, but I DID NOT get married nor did I ever intend to Marry either, and that person suggested because I am already here on my VWP that I could cancel my K1 petition to avoid "Intent to marry visa fraud" and just apply to apply for AOS.

Correct me if I am wrong, but the process I have followed is correct and applying for AOS after getting married while here on VWP is Visa Fraud?

Clarification for peace of mind would be greatly appreciated.

[Jacque67 7,328]

I am a little concerned after having a private message session with someone from this site. (no punt intended for the person I have been private messaging if you read this, just need other peoples opinions)

Firstly, here is my story.

About 4 - 5 years ago, I was chatting to a good mate here in the US (currently here on VWP myself). A good friend of his (my now finace) was at his place. I got talking to her, we clicked and remained in frequent contact via Skype and Facetime etc.

I eventually came over to the US in August of this year, stayed with my mate but also got to meet my fiance for the first time. We all hung out, had a great time and although we already knew how much we were in love with each other, finally meeting face to face confirmed it for us. I left the US and returned back to Australia after being here for 7 days. I flew over again for a further 2 weeks, 2 weeks after returning from my trip in August, we found it very hard to be apart, plus I had some more annual leave I wanted to use up, so I came back and stayed 12 days. At no point when flying over or entering the US did I plan to ask her to marry me, but by the 2nd to last day of being there, I decided to ask her to marry me, she agreed and said yes. (yup a beautiful story).

2 days later I flew back to Australia. We continued to chat, looking into visa options etc and how we could make our marriage work. 11 weeks later I flew back to the US (end of Nov 2012), and after being here 12 days we decided to file the petition for the I-129F which has already been received and accepted (NOA1).

The person I was private messaging on here suggested this could create a problem as I could have potentially have had the intent to marry which is visa fraud, but I DID NOT get married nor did I ever intend to Marry either, and that person suggested because I am already here on my VWP that I could cancel my K1 petition to avoid "Intent to marry visa fraud" and just apply to apply for AOS.

Correct me if I am wrong, but the process I have followed is correct and applying for AOS after getting married while here on VWP is Visa Fraud?

Clarification for peace of mind would be greatly appreciated.

As long as you don't marry in America (as you've sent off the I-129f), don't overstay and return to Australia for the medical and interview you are OK.

[blueheeler18 0]

As long as you don't marry in America (as you've sent off the I-129f), don't overstay and return to Australia for the medical and interview you are OK.

Thank you.

TO CLARIFY, the person I have been speaking to has kindly clarified the story for me, they were a little confused.

People are so friendly on this site, makes the journey all that much better.

[Cathi 5,748]

return to Australia for the interview and medical. After the visa is approved travel back here and get married in the US within the 90 days they allowed for K-1. . Coming to the US on the VWP with the intent of getting married in the US, staying and trying to adjust status is fraud.

[blueheeler18 0]

return to Australia for the interview and medical. After the visa is approved travel back here and get married in the US within the 90 days they allowed for K-1. . Coming to the US on the VWP with the intent of getting married in the US, staying and trying to adjust status is fraud.

Getting married and staying then applying for AOS is NOT what I plan to do what so ever.

[CaroSL 68]

From all I have read on the forum you are totally correct, filling for the K1 fiancé visa was the good way to go.

Entering the US on VWP in the intention of getting married and staying in the US is visa FRAUD. The AOS would most likely be denied and there is no appeal if you got married on a VWP.

The K1 process is long and frustrating but is the way to go.

You can perfectly be in the US when you get engaged. I did, and then filed the I129F while in the US on the WVP (there is even a box for it on the form), got my NOA2 yesterday... No problem at all.

[newlyweds2010 208]

I am a little concerned after having a private message session with someone from this site. (no punt intended for the person I have been private messaging if you read this, just need other peoples opinions)

Firstly, here is my story.

About 4 - 5 years ago, I was chatting to a good mate here in the US (currently here on VWP myself). A good friend of his (my now finace) was at his place. I got talking to her, we clicked and remained in frequent contact via Skype and Facetime etc.

I eventually came over to the US in August of this year, stayed with my mate but also got to meet my fiance for the first time. We all hung out, had a great time and although we already knew how much we were in love with each other, finally meeting face to face confirmed it for us. I left the US and returned back to Australia after being here for 7 days. I flew over again for a further 2 weeks, 2 weeks after returning from my trip in August, we found it very hard to be apart, plus I had some more annual leave I wanted to use up, so I came back and stayed 12 days. At no point when flying over or entering the US did I plan to ask her to marry me, but by the 2nd to last day of being there, I decided to ask her to marry me, she agreed and said yes. (yup a beautiful story).

2 days later I flew back to Australia. We continued to chat, looking into visa options etc and how we could make our marriage work. 11 weeks later I flew back to the US (end of Nov 2012), and after being here 12 days we decided to file the petition for the I-129F which has already been received and accepted (NOA1).

The person I was private messaging on here suggested this could create a problem as I could have potentially have had the intent to marry which is visa fraud, but I DID NOT get married nor did I ever intend to Marry either, and that person suggested because I am already here on my VWP that I could cancel my K1 petition to avoid "Intent to marry visa fraud" and just apply to apply for AOS.

Correct me if I am wrong, but the process I have followed is correct and applying for AOS after getting married while here on VWP is Visa Fraud?

Clarification for peace of mind would be greatly appreciated.

Not really. Tourists marry in the US all the time (think of famous destinations like Vegas or the Hawaii). Entering on a tourist visa (or the VWP) with the preconceived intent to marry, adjust status and stay is considered visa fraud. Also, for it to be illegal you should have in fact entered, married and filed for AOS. You didn't do any of the above, therefore you are fine.

[Cathi 5,748]

Getting married and staying then applying for AOS is NOT what I plan to do what so ever.

Yes that was very clear by you original post. Whomever you spoke to in private is misinformed and wrong. Best of luck!!!!

[Xanax 349]

Hehe glad you're all cleared up!

P.s try the bread!