On VWP and Looking at my Options

[ChicagoSarah 127]

I second what everyone else said.

The age difference shouldn't be an issue. You and your fiance are the exact age gap as my husband and myself (but he is the older one). It shouldn't prove an issue for a UK immigrant.

As long as you had no intent to marry before entering on VWP, you should be fine. If you sold your car/ended a lease/etc. and then planned to "visit" for the full VWP allowance, you may have some issues.

As everyone else said...as long as you've always been completely honest with border patrol and will be completely honest with USCIS moving forward, you should be fine to AOS from VWP. Just remember that you won't be able to legally work or travel (as others have said) for 60-90 days once you submit your AOS paperwork.

Good luck!

[Ontarkie 14,510]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas as the OP is leaning towards this route and needs the advice of this forum~~

[Luke1991 0]

In my opinion, I think you should go back to the UK and file for the K-1. K-1s are going through very quickly now. Me and my husband got engaged in the US in Dec 2012, and although we hadn't planned to get engaged or married when I entered with him using the VWP, we did get engaged after a couple of days and even his mom said can't she just keep me here. I still had a job though and wanted to save up money as my husband wasn't working and we knew he wouldn't be for a while (the original plan was for him to visit me for 3 months in the UK every 6 months) and I still wanted to tie up loose ends, prepare my family for me leaving too.

Did you have any problem filing for the K-1 as your husband didnt have a salary, doesnt the US citizen need to earn a certain amount or have a sponsor to be eligible for the K-1

Thanks to everyone for replying to this with there opinions and which option to choose.

Me and me Girlfriend are going to discuss if it really is what we want because its pretty much right now or at minimum, a years time.

[Rebecca Jo 1,962]

Simply put, with the exception of the K-1 visa, anyone entering the USA to marry someone on any other type of visa is committing visa fraud.

Good luck.

BS.

Besides, when someone adjusts from the Visa Waiver, there is no visa to commit fraud upon. That is why it's called the Visa Waiver Program.

There are many ways to come to the US. Some people have options that other people do not. Just because someone has an option that you do not have does not mean they committed an illegal act when they exercised that option. People who have degrees can come to the US - people who are diplomats can come to the US - entertainers can come to the US - members of religious orders can come to the US. Are you mad at them because they don't have to come in like your partner does?

Did you have any problem filing for the K-1 as your husband didnt have a salary, doesnt the US citizen need to earn a certain amount or have a sponsor to be eligible for the K-1

Thanks to everyone for replying to this with there opinions and which option to choose.

Me and me Girlfriend are going to discuss if it really is what we want because its pretty much right now or at minimum, a years time.

Yes, someone has to have an income. If that person isn't your spouse, then you need a joint sponsor.

Edited January 21, 2014 by Rebecca Jo

[Married4Life13 38]

I think it's a bit risky to marry under the VWP and stay in country especially with no financial means to support yourself. My husband and I got married on VWP and he wanted to stay but I wasn't fond of that idea. He went back to Belgium and I am mailing off the I-130 for the CR-1 tomorrow. It takes a year or so but we have a clear conscious and we know we did it the right way.

Edited January 21, 2014 by Married4Life13

[Boiler 46,176]

There is no right way, different people different circumstances different choices.

[Rebecca Jo 1,962]

It is risky getting out of bed in the morning.

[Joaozinho 15]

I believe that people call it a loophole, not because it's legal or illegal, but because it seems like our government should have been as strict with this area as they've been with the others.

Anyhow, as of today, it isn't breaking the law. You are very much free to marry and adjust. There's one thing I'll mention because I read that you're on a tight budget. The costs of filing for AOS aren't so cheap. If you do decide to marry and file, make sure you have secured those funds.

Good Luck!

[Boiler 46,176]

It is risky getting out of bed in the morning.

I made that mistake today.

What was I thinking of.

[Rebecca Jo 1,962]

I believe that people call it a loophole, not because it's legal or illegal, but because it seems like our government should have been as strict with this area as they've been with the others.

Anyhow, as of today, it isn't breaking the law. You are very much free to marry and adjust. There's one thing I'll mention because I read that you're on a tight budget. The costs of filing for AOS aren't so cheap. If you do decide to marry and file, make sure you have secured those funds.

Good Luck!

People can call it whatever they like. It's not a loophole. And it is legal.

[aussie_jason 195]

I think the loophole is that the spirit of the law is that it shouldn't be allowed but it is as intent isn't determined at point of entry, if they did intend it to be allowed then why bother having K1/K2's?

[KayDeeCee 4,896]

Simply put, with the exception of the K-1 visa, anyone entering the USA to marry someone on any other type of visa is committing visa fraud.

Good luck.

Really? So even all the people that came to the US using the VWP or B-2 in order to have a 'destination wedding' committed visa fraud? You do realize that people from other countries actually have planned weddings in the US, such as in Florida and Hawaii, yes? What visa fraud are you speaking of?

[Boiler 46,176]

I think the loophole is that the spirit of the law is that it shouldn't be allowed but it is as intent isn't determined at point of entry, if they did intend it to be allowed then why bother having K1/K2's?

What spirit? I have never seen any reference to what was intended, seems you are saying that differs from what was enacted.

Links for reference are always good?

[ValerieA 350]

I think the loophole is that the spirit of the law is that it shouldn't be allowed but it is as intent isn't determined at point of entry, if they did intend it to be allowed then why bother having K1/K2's?

loophole (ˈluːpˌhəʊl)

n

1. an ambiguity, omission, etc, as in a law, by which one can avoid a penalty or responsibility

There is no ambiguity or omission. It is stated plainly in the legal text that AOSing is legal.

Intent IS determined at point of entry. If you are allowed into the country, you have been judged to have no intent to stay.There are many reasons that a VWP or B-2 come to the US, then circumstances change. Not sure what 'spirit of the law' you are referring to, and how AOS would not be included under that.

[aussie_jason 195]

So our advice to everyone should be to not bother with fiancee/fiance visas and CR1's etc? They should just enter the country on the VWP, get married and then AOS?