Adjusting from VWP vs a K1/K3

[Yaads 1]

I was hoping you all could give me some good information and/or point me in the right direction.

My mom put me in contact with a couple who is planning on getting married in Canada and then having the guy (Canadian citizen) come across the border to the US, stay and adjust. I understand the whole "intent to immigrate" concept and that it is illegal. I am just having a hard time putting it into words to explain it clearly to them why it is illegal and what is and isn't allowed. They think that there will be no problem with the way they are planning to proceed.

So if you could help me out that would be great...I just need a more concise and clear explanation as I don't seem to be getting my point across very well. Maybe some laws to draw to their attention would be helpful as well.

Thanks

[Niikkidus 0]

I was hoping you all could give me some good information and/or point me in the right direction.

My mom put me in contact with a couple who is planning on getting married in Canada and then having the guy (Canadian citizen) come across the border to the US, stay and adjust. I understand the whole "intent to immigrate" concept and that it is illegal. I am just having a hard time putting it into words to explain it clearly to them why it is illegal and what is and isn't allowed. They think that there will be no problem with the way they are planning to proceed.

So if you could help me out that would be great...I just need a more concise and clear explanation as I don't seem to be getting my point across very well. Maybe some laws to draw to their attention would be helpful as well.

Thanks

It's illegal because the U.S. is a soverign country and has rules concerning who is allowed to live there and how they need to go about informing the government about who they are, and why they should be granted residence. No different than Canada, I would think. It took us almost 2 years to do it the "right" way. But the way I look at it is, you should have some respect for the country that you chose to live in. If the first thing you are going to contribute to a new country that you are planning to move to, is break one of their laws, then maybe you should re-consider being a part of that country. Plus there are a whole bunch of people in line in front of them, trying to do things the right way. They should respect that and get in the same line and wait their turn.

[Chica Yeyé 41]

I was hoping you all could give me some good information and/or point me in the right direction.

My mom put me in contact with a couple who is planning on getting married in Canada and then having the guy (Canadian citizen) come across the border to the US, stay and adjust. I understand the whole "intent to immigrate" concept and that it is illegal. I am just having a hard time putting it into words to explain it clearly to them why it is illegal and what is and isn't allowed. They think that there will be no problem with the way they are planning to proceed.

So if you could help me out that would be great...I just need a more concise and clear explanation as I don't seem to be getting my point across very well. Maybe some laws to draw to their attention would be helpful as well.

Thanks

You are right --- what they intent to do is visa fraud. Intent to immigrate is the key. If they persist, let them and hope they get caught.

[Otto 83]

I was hoping you all could give me some good information and/or point me in the right direction.

My mom put me in contact with a couple who is planning on getting married in Canada and then having the guy (Canadian citizen) come across the border to the US, stay and adjust. I understand the whole "intent to immigrate" concept and that it is illegal. I am just having a hard time putting it into words to explain it clearly to them why it is illegal and what is and isn't allowed. They think that there will be no problem with the way they are planning to proceed.

So if you could help me out that would be great...I just need a more concise and clear explanation as I don't seem to be getting my point across very well. Maybe some laws to draw to their attention would be helpful as well.

Thanks

First of all Canada is not a VWP country but close enough.

It's Visa Fraud because it would be misrepresentation of travel intentions. Example; at the border you're asked the reason for travel to the US, person says 'pleasure' (or whatever) then enters only later to file papers to stay. If it is found out (and it's not hard to find out) - it could result in between a 10 year and/or Lifetime ban (and it doesn't matter if it's Canada or China).

Some Basic Information on Visa/Passport Fraud

[Yaads 1]

Thanks everyone. Hopefully they will heed the warnings. I know I could just let them do their thing and face the consequences but I would like to help them understand if possible.

Yeah I know Canada isn't VWP but for lack of a better term I went with that.

Thanks again everyone.

[pushbrk 13,636]

I was hoping you all could give me some good information and/or point me in the right direction.

My mom put me in contact with a couple who is planning on getting married in Canada and then having the guy (Canadian citizen) come across the border to the US, stay and adjust. I understand the whole "intent to immigrate" concept and that it is illegal. I am just having a hard time putting it into words to explain it clearly to them why it is illegal and what is and isn't allowed. They think that there will be no problem with the way they are planning to proceed.

So if you could help me out that would be great...I just need a more concise and clear explanation as I don't seem to be getting my point across very well. Maybe some laws to draw to their attention would be helpful as well.

Thanks

Canadian Citizens are allowed to "visit" the USA without a visa. Using that privilege with the intent to circumvent US immigration law is "visa fraud". The potential penalty for the foreigner is a lifetime ban from entering the US.

There are two proper paths from which to choose to bring a foreign spouse to the USA with the intent to become a resident. Both are outlined in the guides here. They may use the CR1/IR1 or K3 visa paths.

[Yaads 1]

Thanks