UK to US Visa Free, IS marriage allowed

[FFXImomma 0]

Okay well after reading all this, I paniced so I called the INS, and since he is coming legally on a Visa Free. We can get married, and they gave me a list of forms we have to file immediately... But he can stay with me in the states... She said since he is not coming mainly to marry me but to see the country and we aew already engaged if we decide to get married in the 90 days, the sooner the better, so we can get the forms filed in a timely manner... So this is what we are going to do, I will update all as I know more... Thanks all for the advice...

[Mags 112]

Okay well after reading all this, I paniced so I called the INS, and since he is coming legally on a Visa Free. We can get married, and they gave me a list of forms we have to file immediately... But he can stay with me in the states... She said since he is not coming mainly to marry me but to see the country and we aew already engaged if we decide to get married in the 90 days, the sooner the better, so we can get the forms filed in a timely manner... So this is what we are going to do, I will update all as I know more... Thanks all for the advice...

Well, it's all about intent. You are intending to use the VWP to marry and then stay in the USA. I personally class that as a fraudulent use of that visa. You can get married on a VWP, but it has to be a spur of the moment thing. You are planning it, it is what you intend to do once he arrives. That isn't spur of the moment...

But, it is your risk I guess. You've been informed of all the risks and I hope you are also aware of the consequences should your plan not work out.

Good luck.

[TimsDaisy 0]

FFX - it isn't INS anymore. Hasn't been for awhile. But a larger point here - if you feel you've been given reliable information from a proper government source, I'd urge you to leave this message board and proceed with your plans. Or, you can stay, and read the discussion that will likely follow, get yourself second guessing, have a few more panics, and then move ahead with some plan at some point anyway.

None of us here is an immigration lawyer or border agent, ICE (Immigration and Customs Enforcement) official, that I know of. We can give thoughts and information based on what we've read, seen, heard about, experienced, and what we *think.*

But no one here can give you a magic answer. If an INS/ICE source gave you the information you related above, then take it and do what you will with it.

[Kez/JWolf 6]

Be verry careful in what you do with this advice you have been given.....

Lets say you do just as they sugest and he arrives on a VWP and you get married and file for AOS, you get to the interview and the officer asks you when you decided to get married and you tell her/him the sorry of how you called USCIS and we told it was ok for your now husband to enter on a VWP{ and marry and file to remain in the US.... your interviewer then tells you that this was incorrect and that unless you have this information in writing and signed by the officer giving the information your AOS is denied, and that you have commited visa fraud.... your husband now has to leave the USA and return to his own country and you have to file for a K3/CR1 for him to come back....

If he was already here and you decided to get married and for him to remain all on the spur of the moment, then yes you could file for him to stay and do AOS... but as he is not here and you are planning on how to do this you need to check it out with an immigration lawyer before you do something that may end up getting your future husband banned from the USA for who klnow how long.....

Kez

[TracyTN 237]

FFX - it isn't INS anymore. Hasn't been for awhile. But a larger point here - if you feel you've been given reliable information from a proper government source, I'd urge you to leave this message board and proceed with your plans. Or, you can stay, and read the discussion that will likely follow, get yourself second guessing, have a few more panics, and then move ahead with some plan at some point anyway.

None of us here is an immigration lawyer or border agent, ICE (Immigration and Customs Enforcement) official, that I know of. We can give thoughts and information based on what we've read, seen, heard about, experienced, and what we *think.*

But no one here can give you a magic answer. If an INS/ICE source gave you the information you related above, then take it and do what you will with it.

Yes, because after all, people are only giving their opinions about the situation so as to scare the OP.

[no name 1]

OP - Have you ever met him in person?

Also, technically this will be visa fraud. As mags said, you need to be aware of the risks.

[TimsDaisy 0]

FFX - it isn't INS anymore. Hasn't been for awhile. But a larger point here - if you feel you've been given reliable information from a proper government source, I'd urge you to leave this message board and proceed with your plans. Or, you can stay, and read the discussion that will likely follow, get yourself second guessing, have a few more panics, and then move ahead with some plan at some point anyway.

None of us here is an immigration lawyer or border agent, ICE (Immigration and Customs Enforcement) official, that I know of. We can give thoughts and information based on what we've read, seen, heard about, experienced, and what we *think.*

But no one here can give you a magic answer. If an INS/ICE source gave you the information you related above, then take it and do what you will with it.

Yes, because after all, people are only giving their opinions about the situation so as to scare the OP.

No, Tracy, I didn't say that. I said if she feels she has an answer she can rely on, then don't come here for more information or advice. As noted, the OP really doesn't seem to know much about international travel, let alone immigration procedure. She described her reaction to the discussion here (none of it too scarey or with too many exclamation points, which can be unusual for this topic) as causing her to "panic." So I would recommend to her - not a course of immigration action - but for her to refrain from visiting this site. If she's looking for hard and fast "answers" - as it seems she is, then she's barking up the wrong message board. She's been presented with the risks, the facts, and the best information the board has to offer.

She needs to do a helluva lot more homework, and, as I mentioned in my first post in this thread, probably give some serious thought to this whole situation because if she does do what the "INS" person suggests, I think she would face a steeper uphill battle than other couples might have because it seems from what she's said that she's never even stood face-to-face with him.

If you note my responses to the OP in this thread, you'll find that I'm much more on your side and the side of those expressing big "Warning!" messages than not.

[Clarky and Tarah 0]

Okay well after reading all this, I paniced so I called the INS, and since he is coming legally on a Visa Free. We can get married, and they gave me a list of forms we have to file immediately... But he can stay with me in the states... She said since he is not coming mainly to marry me but to see the country and we aew already engaged if we decide to get married in the 90 days, the sooner the better, so we can get the forms filed in a timely manner... So this is what we are going to do, I will update all as I know more... Thanks all for the advice...

That doesn't sound like anything I've ever heard/read about. I'd definitely check into that again before doing it. I've read alot of posts on here well people have been giving wrong information from people who should have known what they were talking about. I recommend doing research before taking a huge step like that. I hate waiting and searched for a way to keep my fiance with me, but I didn't find any way to do it, so he's back home. You'll probably just have to bite the bullet and wait like everyone else.

[homesick_american 1]

Okay well after reading all this, I paniced so I called the INS, and since he is coming legally on a Visa Free. We can get married, and they gave me a list of forms we have to file immediately... But he can stay with me in the states... She said since he is not coming mainly to marry me but to see the country and we aew already engaged if we decide to get married in the 90 days, the sooner the better, so we can get the forms filed in a timely manner... So this is what we are going to do, I will update all as I know more... Thanks all for the advice...

That doesn't sound like anything I've ever heard/read about. I'd definitely check into that again before doing it. I've read alot of posts on here well people have been giving wrong information from people who should have known what they were talking about. I recommend doing research before taking a huge step like that. I hate waiting and searched for a way to keep my fiance with me, but I didn't find any way to do it, so he's back home. You'll probably just have to bite the bullet and wait like everyone else.

That's not passing the sniff test with me either, but I'm not an expert.

[featherB 1]

Okay well after reading all this, I paniced so I called the INS, and since he is coming legally on a Visa Free. We can get married, and they gave me a list of forms we have to file immediately... But he can stay with me in the states... She said since he is not coming mainly to marry me but to see the country and we aew already engaged if we decide to get married in the 90 days, the sooner the better, so we can get the forms filed in a timely manner... So this is what we are going to do, I will update all as I know more... Thanks all for the advice...

That doesn't sound like anything I've ever heard/read about. I'd definitely check into that again before doing it. I've read alot of posts on here well people have been giving wrong information from people who should have known what they were talking about. I recommend doing research before taking a huge step like that. I hate waiting and searched for a way to keep my fiance with me, but I didn't find any way to do it, so he's back home. You'll probably just have to bite the bullet and wait like everyone else.

That's not passing the sniff test with me either, but I'm not an expert.

Meh... you're probably more of an expert than yer average 'INS' 1-800 phone-answerer.

[rebeccajo 14]

USCIS phone personnel give out half-baked information everyday. We don't call it the 'misinformation line' for nothing around here, you know.

If the "intent to immigrate" question ever came up at the adjustment interview, and the OP relayed this story to the adjudicating officer.....well, anyone care to comment on what might happen?

Edited July 5, 2007 by rebeccajo

[featherB 1]

USCIS phone personnel give out half-baked information everyday. We don't call it the 'misinformation line' for nothing around here, you know.

If the "intent to immigrate" question ever came up at the adjustment interview, and the OP relayed this story to the adjudicating officer.....well, anyone care to comment on what might happen?

... and how about if they declared that intention at the POE, when asked by an immigration officer about the purpose of their visit...? "I'm getting married and staying for good".... mmm, first plane back to Heathrow, perhaps?

Edited July 5, 2007 by featherB

[no name 1]

I agree RJ & Feather. It doesn't even sound like the OP has met him in person.....? Another GIANT red flag?

[rebeccajo 14]

USCIS phone personnel give out half-baked information everyday. We don't call it the 'misinformation line' for nothing around here, you know.

If the "intent to immigrate" question ever came up at the adjustment interview, and the OP relayed this story to the adjudicating officer.....well, anyone care to comment on what might happen?

... and how about if they declared that intention at the POE, when asked by an immigration officer about the purpose of their visit...? "I'm getting married and staying for good".... mmm, first plane back to Heathrow, perhaps?

Oh, hell yes.

There's a member here (let's leave her nameless for the moment) who actually had a K1 filed. They decided they wanted to marry during a visit that occured while the filing was in process - before the petition was approved. They actually went for Infopass and were told by the agent to cancel the K1, marry and adjust. They did and subsequently she adjusted just fine.

Soooooooooo, I'm just saying - strange advice gets handed out everyday.

I agree RJ & Feather. It doesn't even sound like the OP has met him in person.....? Another GIANT red flag?

And yet it could be said that since they had not met, there probably were no definite plans to marry?

Edited July 5, 2007 by rebeccajo

[no name 1]

I agree RJ & Feather. It doesn't even sound like the OP has met him in person.....? Another GIANT red flag?

And yet it could be said that since they had not met, there probably were no definite plans to marry?

Could be....