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

[UK_Fan 192]

To be honest, I understand what you're saying. A lot of times people take advantage of tourist visas, but they also commit fraud on K1 and CR1 visas. If they checked everybody's luggage, as they do in some places, then people would never board a plane lol. And checking one passengers luggage and not others - that's not fair.

I will be the first one to admit that I adjusted my status from an overstay of J1. But I came here when I was 15, and trust me, getting married was the last thing on my mind at that age. I didn't get married till I was 3 weeks shy of 22.

Yes, a lot of people would consider the route I took unfair, but that's my journey, what's done is done. In my heart I know I married in good faith (after 4 long years of dating lol). Why didn't I leave to go back home and did the whole fiancée visa deal? I knew that I could either put all of my chips on a table and file for AOS and let USCIS decide my faith, whether it would be deportation or granting me permanent residence. So if there was a slight chance that I could stay here with my husband, I was willing to take it. After all, I had nothing to lose.

But like the guy said earlier, worry about your own life. Lol

[Cathi 5,748]

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.

I agree as well, the loophole needs to be closed.

[san diego 407]

To be honest, I understand what you're saying. A lot of times people take advantage of tourist visas, but they also commit fraud on K1 and CR1 visas. If they checked everybody's luggage, as they do in some places, then people would never board a plane lol. And checking one passengers luggage and not others - that's not fair.

I will be the first one to admit that I adjusted my status from an overstay of J1. But I came here when I was 15, and trust me, getting married was the last thing on my mind at that age. I didn't get married till I was 3 weeks shy of 22.

Yes, a lot of people would consider the route I took unfair, but that's my journey, what's done is done. In my heart I know I married in good faith (after 4 long years of dating lol). Why didn't I leave to go back home and did the whole fiancée visa deal? I knew that I could either put all of my chips on a table and file for AOS and let USCIS decide my faith, whether it would be deportation or granting me permanent residence. So if there was a slight chance that I could stay here with my husband, I was willing to take it. After all, I had nothing to lose.

But like the guy said earlier, worry about your own life. Lol

I am not questioning if marriage is/was entered in good faith. This is loophole that needs to be closed in consideration of fairness to other people. More decent people from VWP countries that do it the right way. The fact that you overstayed your J visa is not my or anyone else's problem but yours.

Edited January 20, 2013 by san diego

[UK2ATL 9]

Ok I'm am doing it via a VWP and I had absolutely no idea it was possible, I was always led to believe you could not change status from a VWP. It was only when we went and consaulted a lawyer she said it was perfectly legal and told me not to go back to England. I was fully prepared to go back to England and apply from there. They're plenty of illegal K1 and other visa's that take place too. You shouldn't judge someone for doing something that is perfectly legal. Me and my wife got married on spur of the moment when we had our babies gender scan and found out we were having a little girl. It just seemed the perfect moment.

M

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

Ok I'm am doing it via a VWP and I had absolutely no idea it was possible, I was always led to believe you could not change status from a VWP. It was only when we went and consaulted a lawyer she said it was perfectly legal and told me not to go back to England. I was fully prepared to go back to England and apply from there. They're plenty of illegal K1 and other visa's that take place too. You shouldn't judge someone for doing something that is perfectly legal. Me and my wife got married on spur of the moment when we had our babies gender scan and found out we were having a little girl. It just seemed the perfect moment.

M

Don't take this the wrong way - so your wife was already pregnant when you came over here, correct? Did you not have obligations to return to in England? Apartment? Car? Job?

[UK2ATL 9]

Don't take this the wrong way - so your wife was already pregnant when you came over here, correct? Did you not have obligations to return to in England? Apartment? Car? Job?

Yes, we got pregnant in June when I was here for the Summer. I lived at home with my parents, they are selling my car for me, I quit my job. They shipped my things to me, along with paper work I need for the progress.

M

[together4evr 360]

Ok I'm am doing it via a VWP and I had absolutely no idea it was possible, I was always led to believe you could not change status from a VWP. It was only when we went and consaulted a lawyer she said it was perfectly legal and told me not to go back to England. I was fully prepared to go back to England and apply from there. They're plenty of illegal K1 and other visa's that take place too. You shouldn't judge someone for doing something that is perfectly legal. Me and my wife got married on spur of the moment when we had our babies gender scan and found out we were having a little girl. It just seemed the perfect moment.

M

I am not saying your marriage is a fraud.

I believe you were rewarded for doing things while on vacation. Fraud marriages are punished. The fact that you compare your act to that of visa fraud criminals speaks volumes about your intent

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

Yes, we got pregnant in June when I was here for the Summer. I lived at home with my parents, they are selling my car for me, I quit my job. They shipped my things to me, along with paper work I need for the progress.

M

What would you have done if you hadn't stayed in America and AOSed?

[UK2ATL 9]

I am not saying your marriage is a fraud.

I believe you were rewarded for doing things while on vacation. Fraud marriages are punished. The fact that you compare your act to that of visa fraud criminals speaks volumes about your intent

My intent was to marry the women I love at some point like it is for anyone in love. This was just another trip like I done many times before. Also like I said I didn't know that I could AOS from the VWP. The reason we went to the lawyer in the first place was because of our baby because I was scared I'd miss the birth.

[chaine1 116]

What a mean-spirited thread.

The assumption that 'In my world, I can't see how it's possible, so therefore, it's fraud' is short-sighted and narrow.

Not everyone has the same circumstances in life, so to assume that all adjustments from tourist visa are fraud is unfair. Some 20-year old from the UK working in a restaurant will surely have less ties to cut than a 40 year-old lawyer. There was a time in my life in which I could see myself spontaneously deciding to move countries (or come as a tourist and then decide to stay) for love.

I'm not saying that all AOS from tourist visa are legit and unplanned, but this is a route that is legally available, and thus an option. I think our time would be better spent worrying about other, bigger things.

[UK_Fan 192]

I am not questioning if marriage is/was entered in good faith. This is loophole that needs to be closed in consideration of fairness to other people. More decent people from VWP countries that do it the right way. The fact that you overstayed your J visa is not my or anyone else's problem but yours.

How is that a problem? If that loophole was closed then there would be 3 times more illegals and they would be working illegally and not paying taxes. I, myself, never worked illegally, but that's because I didn't need to.

I think it's kind of a "sweep under the rug" problem.. There are so many more other immigration issues, that its the last thing to worry about.

[together4evr 360]

I believe you planned on staying in usa. You had no intention to return home. You were lucky to have someone fall in love and provide for you to make it easier for you to stay. Congrats

OK. Let's put it this way.

You think the AOS basing on VWP, J-1, F-1, B-1, B-2 and so on should be not allowed since those cases are immigration fraud and lengthen your case reviewing time. And all people filing for AOS should be basing on K-1 and CR-1. You also think that your idea with the others's idea should make some different about the rules which has been practiced so long time and with numerous cases reviewed all those years before.

Here are the questions. Can you be one hundred percent sure that any marriage basing on K-1 and CR-1 are all of true intention but not with the intention of immigration fraud? I have heard of some stories of the USCs complaining about their spouses coming on K-1 and CR-1 basically want nothing but money and green card. So the answer is that not one hundred percent of K-1 and CR-1 equals to immigration acceptance. What will you suggest then? Ask more office clerks to investigate about the intention to immigration basing on K-1 and CR-1 with double or triple time and then those with good intention will be selected and be congratulated? Then the time is still lengthened and in some extent, it will be more complicated.

Furthermore, who says that marriage basing on the other types of visa should be considered 90% immigration fraudulent? Have you done the statistics investigation? If so, show the proof. There was someone earlier mentioned that she immigrated here on a J-1 visa and she did with all good intention and faith. What if she has got banned due to someone's opinion? Her husband would be living in pain and have to figure out filing for waiver and applying CR-1 and that, will make the process lengthy and more complicated. A true love with good intention and faith, as long as it's allowed according to the rules, is not immigration fraud. Period.

I am brave enough to say that I came to USA on a tourist visa. And I didn't have any bf or friends or fiance in states back then. I didn't prepare anything. I met my husband in states and we fell in love. Due to some regulation of his job, I couldn't come back to China and then file for K-1 or CR-1. My husband wanted me to stay with him and then he wouldn't worry about his job regulation. Now we are very happy for making that decision since we know that there will be/have been people immigrating to USA by marrying their USC spouse on other types of visa with good intention and faith. I have known several personally or through friends. I am proud to say that I come to this country and marry my husband with good faith.

[UK2ATL 9]

What would you have done if you hadn't stayed in America and AOSed?

What ever I had to do that is why we consaulted a immigration attorney. I believed we had to so the CR1 or what ever its called and I wanted to make sure I could still travel in-between here and England whilst it was processing because of the baby being due in march. It was then our lawyer said I didn't have to go home. It was the best news of out life and our application is flying through thankfully.

M

[together4evr 360]

My intent was to marry the women I love at some point like it is for anyone in love. This was just another trip like I done many times before. Also like I said I didn't know that I could AOS from the VWP. The reason we went to the lawyer in the first place was because of our baby because I was scared I'd miss the birth.

It is a loophole that needs to be closed. Just cause you had unprotected sex that resulted in pregnancy does not mean you woild have died if you had to go back home. Thousands of people miss the birth of their kids. It is sad but not detrimental

[UK2ATL 9]

It is a loophole that needs to be closed. Just cause you had unprotected sex that resulted in pregnancy does not mean you woild have died if you had to go back home. Thousands of people miss the birth of their kids. It is sad but not detrimental

NO it's a courtesy to the American Citizen to have their spouse with them, that is why it is an option.