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

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

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

Then how come it wouldn't be legal for my husband and I to go tomorrow to America and AOS?

Yeah, ummm, exactly....and there are some real problems with us being stuck in Denmark, mainly my mental health and my daughter's. I need my husband by my side as my caregiver right now so....

[UK2ATL 9]

Then how come it wouldn't be legal for my husband and I to go tomorrow to America and AOS?

Yeah, ummm, exactly....and there are some real problems with us being stuck in Denmark, mainly my mental health and my daughter's. I need my husband by my side as my caregiver right now so....

Because you're already married.

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

Because you're already married.

That is incorrect as people AOS who were married before coming over.

[Tosh Love 77]

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 like this idea because if the tourist visa cannot be "converted" to another visa that means there will be a higher chance of approval for those who TRULY want to just visit and go back. I know a number of people who just want to visit this country and go back but because getting a B2 is almost impossible, they are forced to use another visa route.

[together4evr 360]

I like this idea because if the tourist visa cannot be "converted" to another visa that means there will be a higher chance of approval for those who TRULY want to just visit and go back. I know a number of people who just want to visit this country and go back but because getting a B2 is almost impossible, they are forced to use another visa route.

Great point!

[Jeikun 65]

This thread may have started with a honest question, but it has become mean spirited and hurtful, and from what I can see there are dozens like it already. There is plenty to be frustrated about in the K-1 or CR-1 process, especially long separations. It is easy to look at those who in your opinion took a shortcut, or took a less ethical route and are seemingly rewarded, while we are doing it the "right way" and are seemingly punished and become frustrated, angry, jealous. I KNEW that I could have had my fiancee stay over her VWP since I hadn't announced our engagement anywhere publicly, and play the "whoops we just couldn't wait" card and avoid a long separation... I'd be lying if I said it didn't cross my mind, but I chose to go K-1 because I just couldn't do it in a less than honest way, since I KNEW we were going to get married.

But... There are those who came on VWP or visitor visa and perfectly legally decide to stay. The gentleman from the UK for instance. He entered planning to leave, was told about the possibility of staying and AOSing, and had a relatively easy way to take care of his matters back in England. This wasn't fraud, this was a man deciding to do what was best for his wife and child and perfectly legal.

The Chinese woman who posted earlier too... unless you (with no reason or evidence) believe that she came on this site to simply waste her time lying, then she too was perfectly within the law to stay with her husband. And cases like hers are NOT why visitor visas are so hard for high fraud countries... it is people who overstay and become illegal that make it so hard. She applied for AOS and they said YES. They could have said no. So many people from high-fraud countries just live in an ethnically homogeneous community often in sanctuary cities, and have no fear of deportation or reason to bother doing AOS.

There are plenty of people who commit fraud with the CR-1 and K-1. They are some of the most tempting for fraud, even. That is why they take so long. Not because some guy from the UK where 99+% of visas are NEVER broken or used fraudulently decided to stay with his wife and child.

I don't like waiting any more than you do, I know it is even harder for those of you with no VWP which makes interim visits much more difficult. But that doesn't excuse attacking people and pouring your frustrations on the undeservedly. Find a more positive outlet for that stuff. Those "loopholes" exist for a reason, just like the K-1 and CR-1 exist for a reason. Leave it to the USCIS to determine if someone is gaming the system. Some will and get away with it in ALL cases. Some will also try and get caught. Also innocent people will be accused and have to jum through hoops. It is the nature of any huge bureaucratic system, and will never change no matter who you blame for your own woes.

Edited January 20, 2013 by Jeikun

[Krikit 1,164]

You are defensive because the truth hurts you. Not me. Lol

I have nothing to defend or feel guilty about. Only criminals have to defend their actions

There is nothing criminal in adjusting status. If there was, there wouldn't be a process for it. Your posts have become increasingly hostile and are violating the Terms of Service. Administrative action will follow if this does not stop immediately.

There are far too many judgemental posts and accusations in this thread. It shows a definite lack of education and awareness. If you cannot be civil you will find yourself banned from the thread.

Moving from AOS Process to General Immigration Discussion.

[Kathryn41 3,205]

following up on Krikit's warning, several posts that violate the Terms of Service by containing personal attacks have been removed along with posts quoting same.. An additional post after Krikit's warning by one of the posters defending their perspective has also been removed. Any more posts attacking other members of this site or their perspectives will result in a thread ban.

~~~~~~~~~~~~~~~

Moderator's hat off now . . .

Just because you don't 'like' an existing process does not give you the right to attack those who have used this vehicle to immigrate to the US. It is not fraud to adjust from a B1/B2 or VWP entry. The USCIS has the option to pursue fraudulent intent as it is fraud to enter the US with the singular intent of using a visa for one purpose for a totally different purpose. That is USCIS' call to make, btw, not ours, as they are the ones who are in possession of the 'facts' of the circumstances involved.

While it may be difficult for some to decide to remain in the US without making any prior arrangements - I fit into this category - that does not mean it is the same for everyone. I know of too many instances where individuals did decide on the spur of the moment to get married, having had no plans or intentions upon entry to the US to get married. In the case of one of my friends from Canada, she was not able to leave the US so all of her family and friends had to go and pack up her apartment, arrange for movers and disconnections of her various services, submit her resignation to her employer and bring her cat and dog and all of the necessary documents she needed down to her in the US.

There have been a number of instances here on VJ where a married couple living overseas have visited family here without any intention of remaining in the US - and circumstances have changed. In one, a parent became very ill and needed long term care; in another, a family member offered the individual a job too good to be passed up, in a third, the couple found out that they were expecting a child and decided they would prefer to raise their child in the US near the grandparents. All of these couples applied to adjust status from within the US. None of these couples intended on remaining in the US when they entered and had to make arrangements overseas with friends - or the US partner flying back - to tie up all of the loose ends, sell properties, hand in notice, ship belongings home, etc You may hear of individuals adjusting status from VWP or visitor visas - but you do not know all of the additional steps they had to take to tie up their loose ends back home because they made a spur of the moment decision.

So, please recognize that there are many valid reasons why the USCIS allows for adjustment of status from visitor and other types of visas. While there are a few who may indeed view this as a short-cut, then they are the ones who will experience the consequences of trying to bypass the proper immigration process. It is the job of USCIS (and DOS) to ensure that all immigration benefits issued to applicants are justified and valid. It is not our job. There is also no need to throw the baby out with the bathwater by removing the option from those who have legitimate need and legitimate use of AOS petitions because of a few bad apples.

Edited January 20, 2013 by Kathryn41

[AmyWrites 593]

To be fair, it almost happened to me. Before I met "the one" (my current Russian husband), I was dating this Australian man, and thanks to movies like "Green card" and the advice of well meaning but ill-informed family members on both sides, we DID truly believe marriage = automatic green card. It was only when his father, an LPR, told us that was fraud, did we start researching and realized the right way of doing it! Still, I think the loophole should be closed, as it's simply unfair.

[VanessaTony 3,567]

My issue is simply this - none of us WANT to be apart from our loved ones so why are people here on visitors visas more special than other couples? AOS is simply not necessary for these couples. Go back to your country and process a fiance/e or spousal visa.

If it really is just about being a courtesy for the USC, then let any spouse of a USC just come here on a VWP or visitor visa and then adjust their status. Why keep those couples apart just because other couples are lucky enough to come from VWP countries, or were able to get visitor visas? It's just not fair to other couples.

Yes I'm sure there are lots of couples who actually plan it. We'll never really know the real figure because no-one will ADMIT immigration fraud.

There are people saying "what if I miss the birth of my child?" well other people DO. Why are you more special? because you were able to get a visitor/student/work visa or come on the VWP? "what if I can't visit?" well other people can't either.

The playing field needs to be leveled. It's legal to "change your mind" of course, I'm not disputing that some people have done it "legally" but it should no longer be legal just to change your mind. Go back to your country and process a visa like everyone else or let everyone else in a relationship with a USC just come visit and AOS.

[Merrytooth 5,748]

My issue is simply this - none of us WANT to be apart from our loved ones so why are people here on visitors visas more special than other couples? AOS is simply not necessary for these couples. Go back to your country and process a fiance/e or spousal visa.

If it really is just about being a courtesy for the USC, then let any spouse of a USC just come here on a VWP or visitor visa and then adjust their status. Why keep those couples apart just because other couples are lucky enough to come from VWP countries, or were able to get visitor visas? It's just not fair to other couples.

Yes I'm sure there are lots of couples who actually plan it. We'll never really know the real figure because no-one will ADMIT immigration fraud.

There are people saying "what if I miss the birth of my child?" well other people DO. Why are you more special? because you were able to get a visitor/student/work visa or come on the VWP? "what if I can't visit?" well other people can't either.

The playing field needs to be leveled. It's legal to "change your mind" of course, I'm not disputing that some people have done it "legally" but it should no longer be legal just to change your mind. Go back to your country and process a visa like everyone else or let everyone else in a relationship with a USC just come visit and AOS.

Well said!

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

My issue is simply this - none of us WANT to be apart from our loved ones so why are people here on visitors visas more special than other couples? AOS is simply not necessary for these couples. Go back to your country and process a fiance/e or spousal visa.

If it really is just about being a courtesy for the USC, then let any spouse of a USC just come here on a VWP or visitor visa and then adjust their status. Why keep those couples apart just because other couples are lucky enough to come from VWP countries, or were able to get visitor visas? It's just not fair to other couples.

:thumbs:

I would kill for us to be able to come over on VWP and adjust status, but because we'd have intent it would be "fraud". I'm wondering why it matters that we have forethought enough to have intent? It almost feels like being punished for being a planner and being responsible.

[I AM NOT THAT GUY 5,715]

I think everybody that is waiting for a K Visa to be approved forgets the K Visa was an accommodation to allow the spouse or soon to be spouse, to wait in the US while the status is being adjusted, rather than remain in his or her location until the immigrant visa was approved. In that manner, there is really no difference between adjusting from a K-Visa, or any other Visa, while remaining in the US.

If you eliminate the ability to adjust from a tourist or work visa, you might as well eliminate the fiancee visa.

Edited January 21, 2013 by The Patriot

[chaine1 116]

It's just not fair to other couples.

I don't think the immigration process was designed with fairness in mind. If it were, AP would not exist. Nor would there be difficult embassies, like Nigeria or Morocco.

If it were fair, everyone who applied for a visa would have the same chance and expectation of getting a visa in the same time frame as anyone else across the world.

It's just simply not designed that way. The bigger question is - should it be??

Edited January 21, 2013 by chaine1

[Xanax 349]

I have to respectfully disagree!

I came to the US with my K-1 pending. I came to the US to prepare everything for my permanent move, arrange the house, get the necessities and fix the house up (husband was a major bachelor), investigate community college, meet my prospective family and make SURE I wanted to do this.

Anyway... I went to the doctor in the US to have my medical done as it was cheaper in the US and when I called USCIS they said it was fine to have it done while here and bring it back with me to Aus (the waiting time for my local one in Aus was long and it was more than double the price) etc.

After my Medical I was told I had a communicable disease (TMI) and would have to be treated before I could leave. After a myriad of tests the issue was resolved and I was told I did not in fact have said disease BUT I will probably always test positive for it at the initial testing stage and it could be a sign of something else, things I should be tested for ASAP. The testing took a few weeks and it was very stressful. My husband (the fiance) and I decided to marry in this time as we were not sure I was even allowed to leave the country if I had said disease or if I have another disease which could prove even worse.I did not want to leave during such a stressful time anyway, if I had, had either disease my husband (then fiance) would have had to be tested and treated too and I did not want to leave him if we were both going through something similarly as horrible.

Similarly, we adopted a puppy when I came to the US who subsequently developed something called "the parvo virus" which nearly killed her. She was in puppy hospital for nearly a month with 24/7 monitoring and was almost put on a breathing machine ($5000 a day). Our puppy who was out of the hospital in May (I went to do my medical in June) was on 4 types on medication daily , numerous times a day, had to have her poop bleached and anything she came in contact with routinely bleached so as not to pass on the infection, she also had a grade 3 heart murmur from the damage the virus did to her heart and had severe separation anxiety from her time at the vet. My husband (then fiance) worked 12 hour days , 4 days a week and could not provide the level of care she needed (we had planned for her to go to daycare or have puppy-sitting during his work days when I returned anticipating at most I would be gone 3 months going by the USCIS timeline and factoring in any "problems" like a RFE) and she was not eligible for any daycare or sitting service as no one wanted to take on such a risk or such a sick dog.

So, I stayed after much discussion , talking to USCIS and soul searching we thought it would be best.

In staying, I missed out on seeing my family (for a year) , I lost my job, I lost most of my friends, I missed Christmas at home and of course I missed out on a "real" wedding and "real" honeymoon. Edit: and I also have to deal with attitudes like this (yours).

Now, of course not everyone's situation is the same and I am sure mine is a far cry from the norm, but you OP do not know everyone's situation and to blanket the statement and to infer everyone who adjusts from the VWP or a B visa is intentionally committing fraud is unfair.

*** I am sure I missed things in my timeline of events but it is dinner time .

Edited January 21, 2013 by Xanax