Would you let him take a crap on you?

[Bobby+Umit 161]

The "popping" in and out of the country to reset the 90 days is for the VWP I think.

Using visa's precludes this - we have people from our plant in Mexico come back and forth using visa's all the time, and they haven't had an issue.

I would think, since the OP came in on a visa, the VWP rule wouldn't count for this second trip in. (after that - it would)

Edited May 29, 2009 by Bobby_Umit

[DaleandPat 0]

I came to the US through a Fiance Visa. My fiance is a doctor. When I got here, we decided to wait at least before 90 days to get married so we would know each other more because though we've been talking with each other for almost 4 years, we've only spent time in person for a week.

To cut this story short, my fiance had been seeing this girl whom he dating or have been dating for 10 years. Because of my work background, I am able to access information from him including emails, pics, call logs, sms's and other information which he is unaware that I have access to. So basically, this is not accusations, I have profs and picture with dates on it. The worse part is when they both flew to vegas 2 months before I came here. This is evidenced by dated pics and credit card bill statement and confrontation with him which he admitted.

I am decided to go back home to my country because I can't marry him because of what he did and his incapabilities to recogniize his mistake and make amends to them. I have given him lots of chances, tried to work things out with him and compromised for him. I have dealt with his repeated infedility to me until my few days before my visa expires. He is unwilling to correct things and that is why I am going home.

Is there anyway for me to stay in the states "Legally" without having to marry him?What processes would there be? If none, I am more than happy to go home and restart a life and hopefully get my job back.

Pat and I are sad to hear of your unfaithful fiance. There are other men somewhere that would want to meet you and make a good faithful spouse. As far as I know you will have to return to your country.

Meeting the right person makes all the difference. Pat an I just developed and interest in each other and there was a chemistry like I have never experienced with anyone. It built over time, then we met in person, and the chemistry seems the same and I felt very much at ease with Pat and I can just be myself with her. She has expressed the same with me. The best to you on your search, your prince awaits.

[rin and john 71]

Is there anyway for me to stay in the states "Legally" without having to marry him?What processes would there be? If none, I am more than happy to go home and restart a life and hopefully get my job back.

Not to deny anything that has been said by others so far, which is all essentially correct information.

I did just think it worth pointing out one fact that may be of relevance here.

JimVaPhuong put it very aptly that your legal status in the US is under your I-94, valid for 90 days from entry. And that you must leave when those 90 days are up.

However, the requirement from the US perspective is that you leave the United States. Not necessarily that you "go home". There may be a difference,

and it may be relevant to you.

The flag on your profile is Australia. I don't know if that's "home" for you, but on the likely assumption that it is, and you are an Australian citizen, then you can leave the United States by going to another country rather than returning immediately to Australia. For example, you could travel to Canada, thereby legally complying with the need to exit the US within 90 days. Bearing an Australian passport, Canada should admit you legally as a tourist. After spending some time there (as little or as long as you like, subject to your Canadian admission - potentially a day or two , even an hour would suffice, or more), you could then legally re-enter the United States as a tourist on your Australian passport. You don't require a visa to do this.

Does this buy you anything? Perhaps, perhaps not.

You wrote that you want to "stay in the states". If you mean permanently - then no, this won't help.

However, if you mean "temporarily", like to take care of some unfinished tasks, or other reasons, then you could potentially do this legally as a way to extend your stay in the US a bit longer. Your US re-entry would be on a VWP (as an Australian) and likely valid for an additional 90 days. You cannot work during that time, but you would be in the country legally.

Good luck.

That doesn't work. You can't go to an adjacent country/state/territory and reenter the US with a fresh 90 days - it will still count down the original 90 days. She'd have to leave the continent entirely, pretty much.

Why can't you? What are the supporting legal arguments for what you are saying? Since when a "continent" is a legal well delimited entity??

I am very dubious but I might be wrong... anybody able to confirm or refute?

Thanks

I think SCFSnoopy is flat wrong. He (she?) thinks I'm wrong. Whatever. I'm not claiming any special expertise (other than a lifetime of crossing the US/Canadian border back and forth ). It is an international border. From the US perspective, entering a POE from Canada either at a Canadian airport (US POEs are located in Canadian airports for all the major cities), or at a land crossing - is no different than any other POE.

By exiting the US to Canada (or any other country... doesn't have to be Canada) you've complied with the need to leave the US before expiration of I-94. Any subsequent re-entry to the US - whether an hour later, a day later, a year later, whenever... will be seen on its own merits at that time. If the bearer of a valid Australian passport, who has committed no previous immigration fouls, presents for entry at a US POE under VWP I expect s/he would be granted entry. Of course the attending border agent always has discretion to refuse, but there would be no particular reason to refuse entry here.

This stuff about "leaving the continent" is bogus.

Anyway, I'm not saying for a moment that this helps jegcs case. If jegcs wants to stay in the US permanently, this will not provide a solution. All this could do is stall the inevitable by a few months.

Depends on how they view the original visa and the VWP (separate entries or continuous).

From the CBP website (http://www.cbp.gov/xp/cgov/travel/id_visa/...ure/vwp/vwp.xml):

Q: Can a VWP applicant for Admission Be Readmitted To the United States Following a Short Trip To an Adjacent Island, Canada, or Mexico?A:

• Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.
• The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:
  1. Can identify an authorized period of admission that has not expired,
  2. Plans to depart the United States no later than the expiration date of their period of admission,
  3. Presents valid, unexpired passports which reflect admission to the United States under the VWP, and
  4. Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

Q: What Islands Are Included Within the Meaning of Adjacent Islands?A:

The term "adjacent islands" is defined in section 101(B)(5) of the Act and for the purposes of the VWP includes

• Anguilla
• Antigua
• Aruba
• Bahamas
• Barbados
• Barbuda
• Bermuda
• Bonaire
• British Virgin Islands
• Cayman Islands
• Cuba
• Curacao
• Dominica
• Dominican Republic
• Grenada
• Guadeloupe
• Haiti
• Jamaica
• Marie-Galante
• Martinique
• Miquelon
• Montserrat
• Saba
• Saint-Barthelemy
• Saint Christopher
• Saint Eustatius
• Saint Kitts-Nevis
• Saint Lucia
• Saint Maarten
• Saint Martin
• Saint Pierre
• Saint Vincent
• Grenadines
• Trinidad
• Tobago
• Turks and Caicos Islands
• Other British, French and Netherlands territory or possessions bordering on the Caribbean Sea.

[D&R 0]

Just as everyone else said... you have to leave before the 90 days are up or you become 'illegal'.

Out of interest.... what job do you have that means you can get that sort of private information on your partner? I'm guessing you were suspicious of something anyway otherwise you wouldn't have gone digging to find these things out. Sorry he was treating you like that, but better to find out now, rather than later (not that that helps much, sorry)

[letty 1]

Not sure why nobody mentioned this before, but you probably end up going home for a while but if you want to live in the USA you can look into a student visa, or a work visa (related to a job). A friend of mine did it this way: first was a student, than applied for het H1B visa when she got a job. Although she eventually married a US citizen she never applied for a visa in connection to him.

Good luck,

Letty

[Rehan 0]

You guys has started a different discussion, I mean if she can go to Canada or not! Let her find that out and why in the world she would go to Canada??

Anyway, I just wanted to say to her that I am really sorry that it happend. My sugestion is that before you leave, you MUST let USCIS know taht you are leaving and tell them your reason to leave, so then, they won't have any red flags in your file and you can come back to US again. Good luck to you!!

[Lisa n Ola 0]

I came to the US through a Fiance Visa. My fiance is a doctor. When I got here, we decided to wait at least before 90 days to get married so we would know each other more because though we've been talking with each other for almost 4 years, we've only spent time in person for a week.

To cut this story short, my fiance had been seeing this girl whom he dating or have been dating for 10 years. Because of my work background, I am able to access information from him including emails, pics, call logs, sms's and other information which he is unaware that I have access to. So basically, this is not accusations, I have profs and picture with dates on it. The worse part is when they both flew to vegas 2 months before I came here. This is evidenced by dated pics and credit card bill statement and confrontation with him which he admitted.

I am decided to go back home to my country because I can't marry him because of what he did and his incapabilities to recogniize his mistake and make amends to them. I have given him lots of chances, tried to work things out with him and compromised for him. I have dealt with his repeated infedility to me until my few days before my visa expires. He is unwilling to correct things and that is why I am going home.

Is there anyway for me to stay in the states "Legally" without having to marry him?What processes would there be? If none, I am more than happy to go home and restart a life and hopefully get my job back.

im not sure u can stay in d US without marrying him.It might be good 4 u to go back home cos it looks like ur marriage may not work if u eventually marry him.Im sure u come to US cos of ur love for him,not cos u want to come and live in d US.

[steveee 0]

thanks everyone. I will go home then.

You can stay after the expiration of your visa for another 180 days, but still you need to go back home within that period of time. good luck!

[steveee 0]

Not sure why nobody mentioned this before, but you probably end up going home for a while but if you want to live in the USA you can look into a student visa, or a work visa (related to a job). A friend of mine did it this way: first was a student, than applied for het H1B visa when she got a job. Although she eventually married a US citizen she never applied for a visa in connection to him.

Good luck,

Letty

K-1 visa you can never change or extend, I did that before, you really need go back home.

[brad836 0]

this is sad, because you were deceived, you have proof, and you lost your job and life in your home country to be with him, i would seek advice of an attorney, it cant hurt and may help. i do think there is little chance you can extend your stay in the U.S. atleast you found out how he is before you married .

[SCFsnoopy 0]

Quick to point the "NO YOU'RE WRONG" finger aren't we?

I will admit that I don't know the specifics on if she can enter on the K-1, go to Canada, then reenter on a fresh 90 day VWP (however I wouldn't like her chances of being allowed back in without a lot of scrutiny). However, if she enters on a VWP going to Canada or Mexico will NOT refresh the 90 days when she wants to reenter the US. From travel.state.gov:

VWP travelers who have been admitted under the Visa Waiver Program and who make a short trip to Canada, Mexico or an adjacent island generally can be readmitted to the United States under the VWP for the balance of their original admission period.

The emphasis is my own.

[Kinito_2k3 5]

I will admit that I don't know the specifics on if she can enter on the K-1, go to Canada, then reenter on a fresh 90 day VWP (however I wouldn't like her chances of being allowed back in without a lot of scrutiny). However, if she enters on a VWP going to Canada or Mexico will NOT refresh the 90 days when she wants to reenter the US.

Fair enough but she is not on a VWP - The aim is not to point the "no you're wrong" but to provide with experience and as accurate as possible advice.

That said, he she goes to Canada and manage to re-enter on a VWP visa then she will have 90 days - whether she will be able to enter on VWP visa or not is a different question

Edited May 29, 2009 by Kinito_2k3

[SCFsnoopy 0]

Fair enough but she is not on a VWP - The aim is not to point the "no you're wrong" but to provide with experience and as accurate as possible advice.

That said, he she goes to Canada and manage to re-enter on a VWP visa then she will have 90 days - whether she will be able to enter on VWP visa or not is a different question

Haha, ok - that I can agree with

As much as possible I want to try and stop people from having to go through the drama of a difficult entry - I have been through that process and although I was eventually let in, it's extremely emotional and unpleasant. I still feel I only got in because I was prepared for the worst - if people had told me "you'll get in no worries, you haven't done anything wrong" and had given me some scenario that may work in theory but not practice - I would have wasted over $2000 and 3 months with my fiance. It's a heavy price to pay so I tend to advise on worst-case-scenarios and have some sort of evidence to back me up.

Anyhow, the whole point is sort of moot since the OP is going home

[Kinito_2k3 5]

Fair enough but she is not on a VWP - The aim is not to point the "no you're wrong" but to provide with experience and as accurate as possible advice.

That said, he she goes to Canada and manage to re-enter on a VWP visa then she will have 90 days - whether she will be able to enter on VWP visa or not is a different question

Haha, ok - that I can agree with

As much as possible I want to try and stop people from having to go through the drama of a difficult entry - I have been through that process and although I was eventually let in, it's extremely emotional and unpleasant. I still feel I only got in because I was prepared for the worst - if people had told me "you'll get in no worries, you haven't done anything wrong" and had given me some scenario that may work in theory but not practice - I would have wasted over $2000 and 3 months with my fiance. It's a heavy price to pay so I tend to advise on worst-case-scenarios and have some sort of evidence to back me up.

Anyhow, the whole point is sort of moot since the OP is going home

True I also take this wise approach - so there is no disappointment if the worst happens!

[kramervskramer 0]

Thanks for all the information everyone. I appreciate it.