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linimouse

Getting Married on Visa Waiver Program? (merged)

By linimouse in What Visa Do I Need - Family Based Immigration

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Boiler Grand Master

Boiler   45,536

Posted
Filed: K-1 Visa Country: Wales
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Posted

It is up to you to prove that. No one here can tell you how you two decided to get married.

No it isn't.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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IcezMan_IcezLady Proficient

IcezMan_IcezLady   582

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
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Posted

No it isn't.

Please educate me on that one. So OP doesn't have to explain anything but just submit paperwork?

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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Boiler Grand Master

Boiler   45,536

Posted
Filed: K-1 Visa Country: Wales
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Posted

Please educate me on that one. So OP doesn't have to explain anything but just submit paperwork?

Correct

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Get married, file the paperwork and go back home and wait it out.

Why does she have to go back home and wait it out when US laws allows her to stay and adjust status?

It is up to you to prove that. No one here can tell you how you two decided to get married.

The burden is not on the OP to prove that she entered without immigrant intent.

In fact, immigrant intent doesn't even matter when she has already been admitted into the US. Matter of Battista and Matter of Cavozos.

It doesn't matter if this was planned or not. It doesn't matter if she entered with immigrant intent or not. The law is clear on this. She has been admitted into the US. She is an IR of a USC. So, there is no problem.

You've been a member on VJ for many years, you should know this by now.

Edited by aaron2020
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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Should have clarified... we're already in the U.S.

How can we prove that we haven't been planning it all along though??

You do not need to prove any of that.

As the spouse of a US citizen, you are considered an Immediate Relative. There have been immigration court cases. Under US laws based on Matter of Battista and Matter of Cavazos, USCIS can not deny your adjustment for a green card based on immigrant intent when you entered the US.

Just file your paperwork and have a good life. Ignore anyone who is telling you what you are doing is wrong or illegal. It's not. You adjusting status if perfectly legal.

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