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.

hi ya

what you are suggesting is illegal...although i know someone that did it ... it was forgiven but she had to wait quite a long time to get her greencard...

if you want to do this the legal way apply for the K1 visa you could start your application while your in the states just make sure that you fiance brings all the information needed while she is here...

with my friend i tried to tell her it was illegal and with the wait she had she always had the fear of being deported...its just not worth it ...

do it the legal way mate .. best for you and best for your fiance because is she is deported she will be banded to enter the states again...

i have sent you a pm also...
take care an good luck
kath

What makes it illegal would be the intent to STAY in the US after getting married.

If you decide to come over on a tourist visa, you can get married- and as far as I know you could then get started on a K3 or CR1 visa process.
This way you could be together for some of the process, however, your fiance WILL have to go back to Australia for the interview or before his visa is expired, whichever comes first.

He would not be able to work though.

Please correct me if what I said is not right.

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).

I have heard that there is a pot of gold at the end of the rainbow, but I don't believe that either. Your fiancee can not legally enter under the VWP with intent to immigrate to the USA, to do so is visa fraud.

You have fiance relationship and you plan to marry within 90 days of entry and your foreign spouse is planning to stay. Isn't it what the K-1 visa for ?

Read the guideline, it should give you more explanation.

You can't bring your fiance on a tourist visa if he intends to stay. That is visa fraud pure and simple.
If you want to bring him to America, you will have to either marry in Australia and can file for a K-3 or file for a K-1 and marry him on his arrival in the US.
Any way you do this you will have to prove you can support him when he arrives. This means you having a regular income in America, filing taxes to show that income, and having a place for him to live.
If you can't do this, you will need to find a joint sponsor in the US who is willing to guarantee your fiance's support.
Whatever happens you two are likely to be spending time apart.
Read the guides and see what way is best for you both.

If you carry on with the plan you outline you will be committing fraud.

Like it was said...do not do it, it is illegal!! I married on a tourist visa (but came without the intent...) now it is something else i worry about when my interview comes, not only do i have to prove our marriage but also that we had no intent in marrying when i came...it really worries me, so just start with a visa (fiancee or wife) it will take some time but it is the best way to go...i really wish i had done that way...if i only knew then what i know now...

Wait until you're divorced and go through legal process.

Work permits take 3+ months from application to recieve.
6 weeks is a fantasy, even if the rest of your plan were legal.

Hey, you know what, if you don't ask, you don't know it's illegal. I had to ask the same question when I started and I really don't even think it's written anywhere in the guides saying don't do it. At the time of question she probably didn't know it was illegal so therefore she would not be in violation of the TOS as she was oblivious to it being illegal. And don't say, oh come on, she should now...look back when you started out, did you know ANYTHING about immigration? I think not.

Sorry..wasn't ranking on anyone, just defending, just wanted to make it clear in case anyone is a tight A** and thinks they should report her or complain she should know about this stuff... some things aren't always easy to find on the guides. Especially for beginners who have never used this site and no nothing about immigration laws.

btw...I apologize for using the term tight a** & I was not directing this towards anyone. I just wanted to make sure she didn't get into trouble for posting something she didn't know was a fraudulant activity. It's a good question to ask and I think it should be discussed somewhere in the GUIDES so that people don't have to ask this question anymore in open forum.
Thank you.

hi
good on ya bluerain i came back in here to do that..i sent the OP a message of encouragement after my original post and she admits she didnt know anything about the method of immigration...

i think she is lucky to of found this website before she did anything illegal in my books...i dont know how long in my searching for answers about immigration to find this website..

at least she asked first i reckon...

kath

yep, visa fraud.


you get absolutely no sympathy from people like us who did everything the LEGAL way...

Good thing no one was looking for sympathy then.....whew woulda been a close one.

It ain't a crime if you don't get caught.

so wrong!

Troll me thinks

http://en.wikipedia.org/wiki/Sarcasm

lol

She did not know it was illegal when she asked the question.

I would come and marry if thats what you want to do, then go home and apply for a visa, best way if you ask me.

Good Luck.

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.

nathmc31.... your post is totaly uncalled for.... what fwaguy said is actually true.... yes ask questions about what your options are but to look for info on how get around the visa system is against the TOS...

Kez

1. Im sure you know that by immigration law it is not illegal to remain in the us after entering on a VWP if you are the immediate relative of a US citizen. The main point is that it is a real marriage not a sham. Belive me with the amout of BS that one must go through for this, they will find out if it is a sham.

2. It will only take longer if your fiance has a criminal record and has to submit a waiver of inadmissability Form I-601. If he doesnt then it shouldnt take longer than usual (every case is different).

3. Once your fiance enters and you are married then like everyone else you file AOS application, EAD applicaiton and AP application. The EAD and AP should be processed within 90 days so your fiance can work while the AOS is being processed.

4. under no circumstances should your fiance leave the US until an AP is approved and recived. You will eventually be interveiwed and you will have to show evidence of a valid marriage and explain that the marriage was a spare of the moment thing, I read another thread where the person being interviewed wasnt even asked about entering on the VWP.

In fairness the OP stated what they had heard and asked if it was correct and then asked for advice through the maze. It does strike me as a baiting post however it could be genuine and whilst nathmc uses a tone that is sterotypically Australian in language and directness I tend to agree with the content Quasi moderation is uncalled for. If someone has a problem with a post they can report it and let the Admin make the decision .

However as fwaguy is so hung up on TOS issues he might want to consider this part of them

you agree that when using the Service, you will not..............

Restrict or inhibit any other user from using and enjoying the Forums

just my thoughts

IT IS NOT ILLEGAL FOR A US CITIZENS SPOUSE TO REMAIN IN THE US AND AOS AFTER ENTERING ON THE VWP!!!!!!!
THE SPOUSE BEING A IMMEDIATE RELITIVE.

The OP isnt going around immigration law, the law clearly states that an immediate relitive of a US citizen can stay and AOS after entering on the VWP it dosnt say that it is illegal, it says that it is illegal for everyone else OTHER THAN the IMMEDIATE RELITIVE OF A US CITIZEN to stay after entering on the VWP

It's the intent to stay that's illegal, changing your mind once you are in the U.S. is a completely different thing.

So, what's the point in IR/CR1 (or K3) visas?

Where does the law clearly state the above? Do you have a link please? Just curious...

1) The OP is not currently present in the USA
2) The OP is not currently an immediate relative of a USC
3) Knowingly enter the US with the intent to immigrate using a non-immigrant visa or program is a violation of immigration law.
4) Any discussion on the board advocating or circumventing immigration law is a violation of the TOS


I challenge you to dispute anything I wrote.

Sometimes it isn't what you say but how you say it. You may have missed the point that moderation of other members isn't really in your realm, and rightly so as the OP has not breached those TOS they have asked for information, clarification and advice

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

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

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.



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.

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....

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.

Post of the day

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

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

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.

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!

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

I think we need a group hug

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

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.....

You guys can talk all you want about "intent" and the law but fact is, lots of people enter the US on Tourist Visas, proceed to marry a USC and then do the AOS.

Also I never read any place that the applicant has the burden to overcome a presumption to immigrate. I HAVE read that Tourist Visa applicants have such an obligation, but nothing I've read makes such stipulations when attempting to Adjust Status.

Ah yes...many do and that's a fact and many are successful. However, the burden IS on you if the CO doesn't buy it. So, put yourself in that position. You are sitting across from a CO. He or she asks you to prove that you had NO intentions of immigration when you entered on a Tourist Visa and got married. What WILL you do? The CO has the right to ask for proof. Are you going to fail to provide such proof?

ETA: It helps to have a time line in your sig or where it says "My Timeline"

That's a fair question. I'm not sure how a person would ever prove one way or the other what their intention was at the port of entry. Were I from the USCIS I'd be suspicious of someone who marred 24 hours after entering the States. On the other hand, It's the old addage about "Proving a negative". It's extremely difficult to prove that you Were NOT thinking a particular thought--the intent to immigrate. You could say you only brought one overnight bag--but you'd never be able to prove that. You could say I'd never met my spouse, again, how to prove?

They (USCIS) dont have to prove anything it is up to the person who entered on the VWP/Tourist visa to prove they did not have intent....

Kez

If they are asked.....................