coming to US VWP/B1/B2 with intent to marry

[san diego 407]

I brought my wife to US absolutely legal way on K1. I am getting increasingly annoyed with cases that I see here saying: "Oh, I came here on VWP to see my boyfriend and all of a sudden decided to get married and stay here". I know that my statement can be controversial but I WILL state this: This is a lie! There is no way someone is coming across the world here, for example from UK or Russia for 1 month, with all their stuff in their countries, active apartment lease, jobs, family members, without any prior preparation and deciding "all of a sudden" to stay! I state again: this is a lie. 99% of cases. USCIS should stop considering those cases! These people should be removed from US and banned forever. Because of people like that legitimate couples have to wait longer. Would like to hear your opinions. Especially, I would like to hear the ones that came here on VWP, stayed, and will have decency to tell me here that in fact that was spare of the moment..

[Harpa Timsah 13,258]

Just because you don't understand how it could happen, doesn't mean it can't happen. The majority of cases I see on VJ are perfectly legit. A lot of people don't research anything visa-related beforehand - they go to see their bf/gf and then get engaged or something and then say "well what now?" A lot of people getting married are also young with no property etc and they are able to leave their possessions behind for a few months - I hear a lot of people saying they don't have the right type of clothes because they weren't planning on staying. A lot of these people have employment that they can leave or work remotely, they are self-employed, something like that.

Furthermore, a lot of these people are long overstays. You can disagree about overstaying (I think it's bad) but this courtesy is extended to the USC spouse. I can understand that you are a USC, minding your own business, and you meet someone in your town and fall in love and want to get married. This person overstayed their visa. It's not your fault that they overstayed and you were able to meet them in your own town. If the gov were on top of it the person would be deported and you wouldn't have met.

Adjusting in-country has no bearing on anyone else's wait times.

So no, it's not a lie. I think if you think more flexibly about the circumstances then it will become clear.

Unfortunately, I don't think this topic will result in anything fruitful, just misplaced anger based on misinformation. Everyone who did K-1 will say "it's not fair!" - we've seen it too often before.

Edited January 20, 2013 by Harpa Timsah

[together4evr 360]

I agree. I cannot imagine going on vacation and leaving all my possessions behind, then deciding to stay at my vacation spot, get married (without all needed docmentation!!).

It is planned 99.9% of the time. People need their documents and paperwork to get married.

It is the POEs job to look through all luggage and make sure birth certificates, previous divorce papers, school transcripts are not in the luggage, and SEND the "vacationer" back home

[Harpa Timsah 13,258]

School papers, and divorce decrees are NOT in peoples luggage. This is ridiculous. I bet no one in this forum had any of those things. There is no paperwork needed to get married in the US - just a passport. Most people in this situation are not previously divorced.

At least most of these marriages aren't fraudulent...

Edited January 20, 2013 by Harpa Timsah

[Ryan H 3,812]

While I can't speak to what the intentions of other are or were. I do agree that the ability to adjust from a tourist visa or the VWP should not be possible.

Closing this loophole will require an act of Congress. So if you want to see it happen, write both of your Senators and your Representative.

[N-o-l-a 7,167]

School papers, and divorce decrees are NOT in peoples luggage. This is ridiculous. I bet no one in this forum had any of those things. There is no paperwork needed to get married in the US - just a passport. Most people in this situation are not previously divorced.

Incorrect. When I moved to Denmark, my luggage had paperwork in it and things I would not want to leave behind.

However, my moving to Denmark under my EU free movement with an intent to immigrate and get married was perfectly legal.

[together4evr 360]

OMG!!! I have read countless stories of women coming here with their kids on vacation and they suddenly decide to stay and get married.

Those kids NEED documents. Or maybe they just don't go to school?

I go to peoples homes (for a living).... there parents come for a vacation and NEVER leave

I find it hard to believe it was not planned.

Either way they need to occur an overstay ban if they do not go home at the end of their "vacation"

I think it makes the process longer for others because these people file AOS from the states instead of going home and waiting for NOA2 after the I-130 is submitted

[Harpa Timsah 13,258]

Incorrect. When I moved to Denmark, my luggage had paperwork in it and things I would not want to leave behind.

However, my moving to Denmark under my EU free movement with an intent to immigrate and get married was perfectly legal.

Um.... I am not talking about you or your planned immigration to Denmark. I am talking about people who really were planning on vacationing and then got married and stayed. The idea that all CBP had to do is check their luggage is ridiculous. If they did that they would not find anything in there, because these people really were planning on just visiting. And the proof would be their empty luggage. Most people in this forum ask questions like "eek! I need to get my birth certificate!" because they didn't make this plan and didn't bring it.

I think it makes the process longer for others because these people file AOS from the states instead of going home and waiting for NOA2 after the I-130 is submitted

Nope, It does not. Is there any proof to this? This AOS isn't even at CSC or VSC and these cases would be in immigration anyway if they were filed from abroad.

Edited January 20, 2013 by Harpa Timsah

[N-o-l-a 7,167]

Um.... I am not talking about you or your planned immigration to Denmark. I am talking about people who really were planning on vacationing and then got married and stayed. The idea that all CBP had to do is check their luggage is ridiculous. If they did that they would not find anything in there, because these people really were planning on just visiting. And the proof would be their empty luggage. Most people in this forum ask questions like "eek! I need to get my birth certificate!" because they didn't make this plan and didn't bring it.

Point was that many of these people planned on staying and inspecting their luggage would weed out those with obvious intentions.

I personally know people who've done it. My parents did it in the 80s (although I'm not sure about the legality of it then).

[san diego 407]

Just because you don't understand how it could happen, doesn't mean it can't happen. The majority of cases I see on VJ are perfectly legit. A lot of people don't research anything visa-related beforehand - they go to see their bf/gf and then get engaged or something and then say "well what now?" A lot of people getting married are also young with no property etc and they are able to leave their possessions behind for a few months - I hear a lot of people saying they don't have the right type of clothes because they weren't planning on staying. A lot of these people have employment that they can leave or work remotely, they are self-employed, something like that.

Furthermore, a lot of these people are long overstays. You can disagree about overstaying (I think it's bad) but this courtesy is extended to the USC spouse. I can understand that you are a USC, minding your own business, and you meet someone in your town and fall in love and want to get married. This person overstayed their visa. It's not your fault that they overstayed and you were able to meet them in your own town. If the gov were on top of it the person would be deported and you wouldn't have met.

Adjusting in-country has no bearing on anyone else's wait times.

So no, it's not a lie. I think if you think more flexibly about the circumstances then it will become clear.

Unfortunately, I don't think this topic will result in anything fruitful, just misplaced anger based on misinformation. Everyone who did K-1 will say "it's not fair!" - we've seen it too often before.

As I said, it is possible.. in 1% cases. The rest is pure abuse.

[Harpa Timsah 13,258]

Point was that many of these people planned on staying and inspecting their luggage would weed out those with obvious intentions.

I personally know people who've done it. My parents did it in the 80s (although I'm not sure about the legality of it then).

You didn't read my reply, did you?

I don't know anyone engaged in fraudulent activity.

[together4evr 360]

I believe Harsha adjusted status from the USA but I do not know if she/he was here on a visitors visa or fiance.

I am sure all people who adjusted from within the USA are so proud of how they did it....but they will not disclose their true intentions cause they KNOW they are wrong, bad, GUILTY

[san diego 407]

What I recommend to change is if you want to be together, get married in US, go back to your home country and wait for approval of CR1 like anyone else. In case of overstay: this is YOUR responsibility not to overstay visa. If USC decides to marry someone with overstay they have an option to move to another country. Harpa mentions that overstay is not USC fault. What about criminnal history of beneficiary? Or communicable diseases? Or other things that make beneficiary non-admissable?? Should those be forgiven too according to your logic???

[together4evr 360]

Nope, It does not. Is there any proof to this? This AOS isn't even at CSC or VSC and these cases would be in immigration anyway if they were filed from abroad.

If we eliminated the adjustment of status for visitors then it would free up workers to work on more I-130s and make them all faster.

[N-o-l-a 7,167]

You didn't read my reply, did you?

I don't know anyone engaged in fraudulent activity.

And your response wasn't realistic. Most adults can't just get married on a whim while in another country and stay there. I can't tell you how much planning goes into moving to another country. We've been planning since November with regards to housing, cars, employment, and education - and that is with me already owning a truck and a house in America. I planned from May to my move in September to move to Denmark and we had been researching the laws since last January.