Fiance entering on tourist visa, then marrying...?

[birdnbloke 0]

To prove intent, does the Inverviewing Officer mind-meld with the AOS applicant during the interview?

Ok, just kidding around, being smart here ....

I'm certainly not condoning lying, but what idiot would sit there and say "Yes, I planned on getting married and staying in the US when I bought my airline ticket and left (country of origin)" when they know what the consequences would be?

I'm asking the big taboo question here, I know, but if you go to the interveiw, provide evidence that you still maintained a home, job, have children back home, whatever, etc when you arrived in the US for a visit....and you honestly didn't have any plans when you left your country of origin of marrying and staying in the US, and subsequently filing for permant legal status, how can they prove you wrong? And more importantly, how often does this scenario happen, as another poster has asked a few times? Just wonderin' Not trying to start a K-1 vs "other" AOS route war

[Kez/JWolf 6]

The onus is on you to prove that you did not enter the USA with the intent to remain it is not for USCIS to prove you did.... you WILL need proof of your intent to return to your home country.... and a return ticket is not enough proof...

Kez

[DelcoCouple 1]

....how can they prove you wrong?

They do NOT have to. The onus is on YOU to prove yourself correct to their satisfaction. BTW AOS is discretionary not mandatory or a right.

And more importantly, how often does this scenario happen, as another poster has asked a few times? ...

It only needs to happen once if you are the person it happens to. The other times aren't of any consequence to your personal life.

Edited February 9, 2007 by DelcoCouple

[BlueRain77 0]

Thank God fwaguy wasn't arond when I originally asked that same question last year! I might have gotten my own unwanted earful.

btw...notice Im still here....

[perfect 39]

Point is that using a VWP to enter the country knowing that you intend to get married is called misrepresentation and fradulent use of the VWP - that's what will get you into trouble. As others have said - it's not the entering and getting married on VWP that's the problem - it's the fcat that you know before you enter that you are intending to stay permanently. VWP does not allow for that.

From State website

http://travel.state.gov/visa/temp/types/types_1262.html#2

Overview – what is the Visa Waiver Program?

The Visa Waiver Program (VWP) enables nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa.

Which travelers may use the Visa Waiver Program to enter the United States?

Nationals of the 27 countries participating in the Visa Waiver Program may use VWP if:

The purpose of their stay in the United States is 90 days or less for tourism or business (if in doubt, travelers should check with the nearest Embassy or Consulate to verify that what they plan to do is considered tourism or business. They can demonstrate the intent to stay 90 days or less in the United States and demonstrate sufficient funds to support themselves while in the United States. Learn more on the CBP website.

When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the United States for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States; Wants to work or study in the United States, wants to come to the United States for other purposes not allowed on a visitor visa, or intends to immigrate to the United States;

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status

It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status. Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more. Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay (including VWP) in the U.S., your visa (or VWP) will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.

The government is very clear about the valid uses of VWP and using it to marry and come to the US with intent to immigrate is illegal and you may encounter very severe consequences for doing so. What you are asking to do is actually classed as material misrepresentation and fraudulent use of VWP.

Edited February 10, 2007 by perfect

[DelcoCouple 1]

Thank God fwaguy wasn't arond when I originally asked that same question last year! I might have gotten my own unwanted earful.

btw...notice Im still here....

Post of the day

[Captain Ewok 1,891]

Any person who arrives on a non-immigrant visa (b1/2) or who uses a non-immigrant program (VWP) who has immigrant intent is a violation of immigration law plain and simple. A thread such as this is also a violation of the TOS of this board (Please note the disclaimer on the bottom of each page).

Sorry mate but this is a forum to ask questions, she has asked a question and deserves an answer, if you don't like the subject piss off and do what ever you do with you pointless day. Don't hack on the OP for asking a question. Its people like you that ruin this forum with your sucking up to the administrators.

Please do not attack members like this. It is a violation of the TOS. Thank you.

[meauxna 15]

You may have missed the point that moderation of other members isn't really in your realm,

I totally disagree. This group is completely self-moderated.

The amount of misinfo around here is apalling at times. You should be sending fwaguy a thank you card for the amount of research he is willing to put in and share for those who won't/can't.

Just because someone comes in and starts yelling (having misunderstood the situation in the first place) does not make them more right, just louder.

[DelcoCouple 1]

You may have missed the point that moderation of other members isn't really in your realm,

I totally disagree. This group is completely self-moderated.

The amount of misinfo around here is apalling at times. You should be sending fwaguy a thank you card for the amount of research he is willing to put in and share for those who won't/can't.

Just because someone comes in and starts yelling (having misunderstood the situation in the first place) does not make them more right, just louder.

Oh my thank you for telling me what I should be doing I am not sure how that will help the OP. Screeching alledged TOS violations does not help the OP either. They asked a question about something that bothered them. Clearly as the admin has been in this thread and the OP remains it would appear that it wasn't a breach of TOS after all, to paraphrase you, the amount of misinfo is apalling at times and just because someone yells TOS Breach doesn't make them right.

Still anytime I need an opinion I will be sure to ask you what it should be

Edited February 10, 2007 by DelcoCouple

[kim&james 0]

Im a Kiwi who went through Sydney as I was living in Brisbane. I came here to the States, married then returned to Australia and went K3.

Personally K1 would of been quicker all round.

[bostonparis 0]

Hi LorraV,

As you've probably gathered by now, you have a couple of options, neither of which are what you suggested. Probably the fastest way to get him here is to file for a K-1 Fiance visa, then when he comes, he stays, you get married within 90 days.

It's not a problem for you to ask questions here. People get a little 'touchy' when they hear about people coming in on the VWP, while intending on getting married, staying and filing for AOS, because they've been without their fiance/spouse for a long long time doing things the right/legal way.

You didn't know when you asked, and I for one commend you on trying to figure out the best/legal way to do things. That's what this place is for. I'm sure no one meant to jump on you.

Good luck!

I have heard that my fiance (Australian) can enter the U.S. on a tourist visa and we can married within several days. Then he can apply for a temporary work permit and may be able to work within 6 weeks.

Since we are entering the U.S. March 5th (in just 25 days) and we need income, the quicker the better.

Has anyone tried this? Does anyone know if there are consequences for going against the tourist visa to marry?

My fiance wants to become a permanent resident and, in several years, a U.S. citizen, so we don't want to do anything to jeopardize this.

We have not applied for any visas yet because my divorce is not yet finalized (should be finalized within one month).

Any advice would be helpful...

I have been overseas for seven months (all over Europe and AUS) and I really just want to go home, but I'm starting to think we may have to live in AUS for a while again while we wait for visas.

Sorry for all the questions!-- I'm totally lost here.

[Cassie 8]

You may have missed the point that moderation of other members isn't really in your realm,

I totally disagree. This group is completely self-moderated.

The amount of misinfo around here is apalling at times. You should be sending fwaguy a thank you card for the amount of research he is willing to put in and share for those who won't/can't.

Just because someone comes in and starts yelling (having misunderstood the situation in the first place) does not make them more right, just louder.

Oh my thank you for telling me what I should be doing I am not sure how that will help the OP. Screeching alledged TOS violations does not help the OP either. They asked a question about something that bothered them. Clearly as the admin has been in this thread and the OP remains it would appear that it wasn't a breach of TOS after all, to paraphrase you, the amount of misinfo is apalling at times and just because someone yells TOS Breach doesn't make them right.

Still anytime I need an opinion I will be sure to ask you what it should be

and it's posts like this that makes me seriously question why I even stick around anymore.

[seldi 1]

I think we need a group hug

[Kath 0]

hi all

did anyone realise that the OP has not been on here since the posting....you lot scared the hell out of her...she really didnt know anything about the process ...i also commend her for trying to get an answer..whether she read any of your posts i just dont know....i hope they make the right decision and wont be scared to come back in here...were suppose to be helping each other here not making it into a slinging match against one another...

kath

[girlfrmoz 1]

Well said Kath!

I have noticed lately that this 'jumping on people' has become a common theme in many threads. I think the OP may have been scared off too and I am glad Cap't Ewok stepped in.

The reason we are all here is to get the information we need, learn from others experiences and help and support each other, right? Let's just remember that we are all going through this process and we were all new at some stage and we are all intelligent, mature adults and should speak respectfully to each other or a community like VJ won't last.

Just my thoughts.....