Lawyer's response to K-1 questions

[kinab001 0]

In response to the questions I asked in this thread: http://www.visajourney.com/forums/index.ph...BF%BDentry19669

I recieved this response:

According to the Intake Officer at Greer, you have two options:

1)When you and Dean enter the country, he may be asked why he is entering (business, pleasure, etc.). If you say, we are coming in to get married, you will probably be turned around and sent back. Coming to the US on a visa waiver means you do not have an immigrant intent (do not plan to stay here permanently). If you/he are not asked, don’t volunteer the information. And, if not asked, you can get married once here and file your permanent resident package and stay here. If he is asked why he is coming in, he should not lie – this will set you up for failure later – it is called visa fraud and he can sent home and barred from reentering the US.

2)If you are asked your intent, come on in and have your normal stay and Dean should return to the UK before the expiration of the waiver. While here, file the fiancé visa petition. Once it is approved, Dean can apply for the fiancé visa at the US Consulate in the UK, come back to the US and you can get married within 90 days.

Does this make sense to anyone?

[TracyTN 237]

I guess it makes sense in the sense of 'don't offer information that they don't ask about'.

But this lawyer (and you) would bloody well know why Dean is entering the country - to marry you and then adjust status - which means he has immigrant intent. And no matter how your lawyer spins it, it is illegal to come here with the intent to marry and adjust status.

[arwensun1965 1]

1)When you and Dean enter the country, he may be asked why he is entering (business, pleasure, etc.). If you say, we are coming in to get married, you will probably be turned around and sent back. Coming to the US on a visa waiver means you do not have an immigrant intent (do not plan to stay here permanently). If you/he are not asked, don’t volunteer the information. And, if not asked, you can get married once here and file your permanent resident package and stay here. If he is asked why he is coming in, he should not lie – this will set you up for failure later – it is called visa fraud and he can sent home and barred from reentering the US.

This basically means that if Dean comes into the country with the Intent to marry you , he will have great difficulty at the Port of Entry. See the Immagration officer will turn Dean away (send him back home). Thats if Dean actually is daft enough lol to actually tell the officer that he is coming into the USA with the intent to marry. This is ILLEGAL (the intent part) if you are planning to stay in the USA. Now once Dean is in the USA what they are saying is for you and Dean to fill out the paperwork for the I-129F (fiance/e visa) Dean stays with you while you are doing this and when the time comes Dean then goes back to England and gets the Visa from the United States Embassy in London. Does this make a bit more sense to you?? PM me if you still don't quite understand.

Janice

Edited May 19, 2006 by arwensun1965

[TracyTN 237]

In fact, this 'lawyer' ought to have his license revoked for suggesting this to you. IMHO.

[arwensun1965 1]

In fact, this 'lawyer' ought to have his license revoked for suggesting this to you. IMHO

Tracy the lawyer in question has given the OP a couple of suggestions. The fact the the first one says not to lie to the immagration officer kinda lets them off the hook in terms of being struck off, there is a suggestion of bending the truth somewhat which kinda sorta puts the lawyer in a strap but not strucking off if you get my point. We on VJ can advise the OP that this sort of thing is illegal and so letting the OP know what is right and wrong it is then upto the OP to sort out what they should do.

Janice

[TracyTN 237]

I hear you, Janice, but I always thought lawyers were supposed to tell you your LEGAL options. *shrug*

[rebeccajo 14]

2)If you are asked your intent, come on in and have your normal stay and Dean should return to the UK before the expiration of the waiver. While here, file the fiancé visa petition. Once it is approved, Dean can apply for the fiancé visa at the US Consulate in the UK, come back to the US and you can get married within 90 days.

Does this make sense to anyone?

What makes sense to me is that this attorney doesn't know very damn much about the K-1 process.

Since when can you apply for the fiance visa at the US consulate in the UK?

Don't take advice from the uninformed.

[TracyTN 237]

2)If you are asked your intent, come on in and have your normal stay and Dean should return to the UK before the expiration of the waiver. While here, file the fiancé visa petition. Once it is approved, Dean can apply for the fiancé visa at the US Consulate in the UK, come back to the US and you can get married within 90 days.

Does this make sense to anyone?

What makes sense to me is that this attorney doesn't know very damn much about the K-1 process.

Since when can you apply for the fiance visa at the US consulate in the UK?

Don't take advice from the uninformed.

HA that sailed right past me (since I saw red when I read his other 'suggestion').

What a tool.

[arwensun1965 1]

The United States Embassy in London has a Consulate part attached to it, it is a funny quirk to an

Embassy. Not many Embassies have this.

Janice

[Cassie 8]

2)If you are asked your intent, come on in and have your normal stay and Dean should return to the UK before the expiration of the waiver. While here, file the fiancé visa petition. Once it is approved, Dean can apply for the fiancé visa at the US Consulate in the UK, come back to the US and you can get married within 90 days.

Does this make sense to anyone?

What makes sense to me is that this attorney doesn't know very damn much about the K-1 process.

Since when can you apply for the fiance visa at the US consulate in the UK?

Don't take advice from the uninformed.

edited to add: Nevermind! LOL

Edited May 19, 2006 by Cassie

[Tex'n'Brit 0]

Does this make sense to anyone?

Hi there,

Well, in theory it's more or less right, but conflicting advice. The getting married and filing after entering using the VWP does seem to be a risky option to take. The lawyer did at least stress that you shouldn't lie at the POE ... But in your case lies would unavoidable if your boyfriend did enter the USA on the VWP, marry you and then file for AOS ... It's standard for POE officers to ask why people are coming to the USA, and I reckon that it would be tough to convince whoever was reviewing your AOS case later on that there was no intention to marry, particularly under the circumstances - you are together in the UK right now (possibly even living together) and you'll have arrived in the States together, his ticket's for three months, and so on. They'll keep digging away until they're satisfied one way or the other ... Your choice, of course.

One other thing - I assume your boyfriend's return flight is actually booked for three months time? I used to book mine for a few weeks and then change the return date to a much later date once I was safely in the US. Of course you do have to make sure you book a ticket that allows at least one change (and be able to pay the change fee), but it was so worth it to avoid too much hassle at the POE. Have you checked the detailed rules of his ticket? Would it allow 2 changes - one before entering the US and one after?? Something to think about anyway.

Yes, you can indeed file for a Fiance Petition while he's with you in the USA. It would certainly tend to speed things up a bit. But he would have to go back home and deal with his part of the process. We've all been there and it's not nice being separated but it's doable. You'll get lots of support here if you do things the right way...

Whatever you decide, I wish you both luck and happiness.

All the best,

Sheila

Edited May 19, 2006 by Tex'n'Brit

[Kez/JWolf 6]

It is lawyers like that, that make it hard for those of us who did not have intent to marry when we entered on VWP/Tourist visa..... if you know you intend to do that how could you be honest when/if asked about it at your AOS interview.... what starts out as 1 lie always ends up with you living a lie....

Kezzie

[aussiewench 9]

It is lawyers like that, that make it hard for those of us who did not have intent to marry when we entered on VWP/Tourist visa..... if you know you intend to do that how could you be honest when/if asked about it at your AOS interview.... what starts out as 1 lie always ends up with you living a lie....

Kezzie

It isnt illegal to enter the US with intent to marry on a VWP........I was asked business or pleasure....I answered pleasure. Did I adjust status no.....but I very well could have. I knew nothing of any of this prior to VJ. Call me nieve but there is plenty that find themselves in same position. I answered truthfully the question that was asked of me.

[pax 1]

It isnt illegal to enter the US with intent to marry on a VWP........I was asked business or pleasure....I answered pleasure. Did I adjust status no.....but I very well could have. I knew nothing of any of this prior to VJ. Call me nieve but there is plenty that find themselves in same position. I answered truthfully the question that was asked of me.

But it IS illegal to enter with the intent to marry, stay, and adjust. The OP's lawyer has given ####### advice.

#######, hell, ILLEGAL.

[Yodrak 7]

rebeccajo,

Probably since the visa was created. Where else would people residing in the UK apply for a fiance(e) visa?

Yodrak

....

Since when can you apply for the fiance visa at the US consulate in the UK?

Don't take advice from the uninformed.

Janice,

Most US embassies have a consular section attached to them.

Yodrak

The United States Embassy in London has a Consulate part attached to it, it is a funny quirk to an

Embassy. Not many Embassies have this.

Janice