Seeking clarification

[Mad_Scottish 0]

Hey folks,

This site has been amazing and the information has been great. However, a small issue has cropped up and what I am ultimately seeking is just a clarification on what has become a slightly confusing point.

There is a slight cross over in my situation and what we have been looking at is what happens in the event we do not get the visa in time for me flying over to the US for the wedding. We have spoken to the USCIS a few times, spoken to a lawyer and read up what we can online and it is almost to a point of information saturation which is fueling the confusion that we (my fiancee and I) are feeling.

ANYWAY.

Issue is, we are currently waiting on a k1 visa as we are engaged (yes i know this is the cr-1 section so please bear with me).

We have cut the timing pretty fine and we have started to enquire about what happens if we dont have the k1 visa before the wedding etc.

What we have found out is the following:

Assuming I dont get the k1 visa in time, I can fly over on a tourist visa (VWP as I am from the UK), and as long as I am honest with customs and immigration and get into the country legally then I can get married. The USCIS representative that we spoke to (08/31/11) said, once we are married I can stay while we get a CR-1 processed, file the I-130 and I file a I-485.

I can then also apply for my AOS and EAD. So as long as I enter the US legally etc I can stay once we are married and be in the US while the rest of the paperwork get processed. The issue that has cropped up and what we cant get an answer too, although it may be very obvious, I just dont like assuming. So I am asking you lovely people

I will be in the US on a tourist visa when I get married. That is valid for 90 days. Because we have filed the rest of the paperwork, does that supercedes the tourist visa or does it not? When the tourist visa runs out, I dont have to leave the country because of the fact everything else is being processed....yes or no?

Thank you for any and all help that comes my way

Edited August 31, 2011 by Mad_Scottish

[milimelo 4,634]

Hey folks,

This site has been amazing and the information has been great. However, a small issue has cropped up and what I am ultimately seeking is just a clarification on what has become a slightly confusing point.

There is a slight cross over in my situation and what we have been looking at is what happens in the event we do not get the visa in time for me flying over to the US for the wedding. We have spoken to the USCIS a few times, spoken to a lawyer and read up what we can online and it is almost to a point of information saturation which is fueling the confusion that we (my fiancee and I) are feeling.

ANYWAY.

Issue is, we are currently waiting on a k1 visa as we are engaged (yes i know this is the cr-1 section so please bear with me).

We have cut the timing pretty fine and we have started to enquire about what happens if we dont have the k1 visa before the wedding etc.

What we have found out is the following:

Assuming I dont get the k1 visa in time, I can fly over on a tourist visa (VWP as I am from the UK), and as long as I am honest with customs and immigration and get into the country legally then I can get married. The USCIS representative that we spoke to (08/31/11) said, once we are married I can stay while we get a CR-1 processed, file the I-130 and I file a I-485.

I can then also apply for my AOS and EAD. So as long as I enter the US legally etc I can stay once we are married and be in the US while the rest of the paperwork get processed. The issue that has cropped up and what we cant get an answer too, although it may be very obvious, I just dont like assuming. So I am asking you lovely people

I will be in the US on a tourist visa when I get married. That is valid for 90 days. Because we have filed the rest of the paperwork, does that supercedes the tourist visa or does it not? When the tourist visa runs out, I dont have to leave the country because of the fact everything else is being processed....yes or no?

Thank you for any and all help that comes my way

No, you can't stay and file AOS. You can get married and file I-130 but once your WVP time is up you better pack up and leave - you have clear immigrant intent (K-1 filing) and remaining and AOSing would be immigration fraud.

Follow the guides for CR-1 visa.

BTW, the 1-800 number you call is a bunch of contractors reading off of a script. Plenty of people have been burnt or banned from the country based on their "right" ideas.

[Mad_Scottish 0]

That was why we rang the USCIS because of the immigration fraud issue. That is utterly retarded that they are giving out useless information, if what you said above is indeed true.

Going to sort a meeting out with an immigration lawyer in the US so that we can actually start to get some accurate information.

[Ryan H 3,856]

That was why we rang the USCIS because of the immigration fraud issue. That is utterly retarded that they are giving out useless information, if what you said above is indeed true.

Going to sort a meeting out with an immigration lawyer in the US so that we can actually start to get some accurate information.

The USCIS phone line is referred to as the MIS-information line on VJ. milimelo is correct, entering on the VWP with the intent to stay and adjust status is fraud, don't do it.

[Mad_Scottish 0]

Going to speak to an immigration lawyer as well, thanks for the input so far guys

[Navyk 78]

Going to speak to an immigration lawyer as well, thanks for the input so far guys

Please let us know what the lawyer says.

[KrisandJennie 35]

Hey there, I'm the fiance of Mad_Scottish. According to the USCIS, as long as he enters legally (VWP), he can stay. When I asked what he should tell the people at the airport, she just repeated that as long as he enters legally, he can stay. I get that they have a lot of people trying to get loved ones into the states, but you'd think that since you're paying them, they'd provide MUCH better and more concrete answers to people. We're not committing fraud, we just fell in love and want to live the rest of our lives together! I wonder if it's this hard to get into Scotland...

Oh, and USCIS told me that we can file the I-130 and the I-485 AOS stuff simultaneously while he's here. My mom just sent an email to the lawyer so my fiance and I will keep everyone posted. Thansk for everyone's help!

[milimelo 4,634]

Hey there, I'm the fiance of Mad_Scottish. According to the USCIS, as long as he enters legally (VWP), he can stay. When I asked what he should tell the people at the airport, she just repeated that as long as he enters legally, he can stay. I get that they have a lot of people trying to get loved ones into the states, but you'd think that since you're paying them, they'd provide MUCH better and more concrete answers to people. We're not committing fraud, we just fell in love and want to live the rest of our lives together! I wonder if it's this hard to get into Scotland...

Oh, and USCIS told me that we can file the I-130 and the I-485 AOS stuff simultaneously while he's here. My mom just sent an email to the lawyer so my fiance and I will keep everyone posted. Thansk for everyone's help!

You mentioned this in another topic but you didn't see Kathryn's response to your post:

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KrisandJennie, on 31 August 2011 - 08:10 AM, said:

I actually just spoke with USCIS about this if my fiance and my K-1 visa isn't approved in time for our November wedding. They said as long as he enters legally (visa, what have you), you can file the I-130 and the AOS at the same time and she said he can stay while it's being processed.

Please remember that when you call the USCIS information you are NOT speaking to an immigration officer. You are speaking to a low wage call center employee who does not understand immigration processes and works off a script in front of them. What you were told is wrong and is considered visa fraud. You are not allowed to enter on a visa meant for one purpose - eg visitor - with the intent of using it for a totally different purpose - eg remaining in the US and applying for benefits from within the US.

As you have already applied for the K-1 visa you obviously have the already established 'intent' to get married and immigrate. When your application is submitted with an I-130 and the AOS based upon a visitor visa entrance, you are guaranteed to run into a lot of grief. His entry at the border would be considered both visa fraud- and depending on what he told the border at the time (eg only coming in for a visit, etc.) it could also include misrepresentation. Misrepresentation is considered one of the 'high sins' of immigration and leads to a refusal of the requested immigration benefit (green card) deportation and a ban on re-entering the US, often for life. If this is someone you love, don't take a 'convenient' but illegal short-cut that will indeed cut short the rest of your life together in the US. You can be guaranteed that if on his entry he says I am entering the US as a visitor so I can get married in November and stay in the US to get my green card, he would be denied entry - and probably given a short ban at that time as well for intent to violate immigration law.

Please do not do this. The 'USCIS information line is not known as the 'MisInformation Line' for nothing. It has ruined other people's lives before when they have followed similarly bad - and wrong - advice. I repeat - it is immigration fraud to enter the US on one visa with the intent to use it as a shortcut to bypass the more appropriate visa. He can enter to get married but he CANNOT file for the AOS from within the US. You would have to re-start the whole immigration process all over again filing for a CR-1 visa with the I-130 - but NOT concurrently with the AOS and he has to complete the process through his home Consulate. This is not an option for you.

http://www.visajourney.com/forums/topic/327136-i-dont-want-to-leave-him/page__view__findpost__p__4876765

[Done--Really 331]

Gosh, I know it's not the answer you want to hear, but you will be in deep trouble if he stays after you are married--the intent is clear, and you will be toast. Everyone has said it in different ways, but the odds of you getting away with it are very close to zero and the penalties are huge and potentially lifelong.

Get married. have fun. Go home as soon as the VWP expires--not even one day later. Live the rest of your life with no worries. PLEASE !!

[OnMyWayID 1,489]

Hey there, I'm the fiance of Mad_Scottish. According to the USCIS, as long as he enters legally (VWP), he can stay. When I asked what he should tell the people at the airport, she just repeated that as long as he enters legally, he can stay. I get that they have a lot of people trying to get loved ones into the states, but you'd think that since you're paying them, they'd provide MUCH better and more concrete answers to people. We're not committing fraud, we just fell in love and want to live the rest of our lives together! I wonder if it's this hard to get into Scotland...

Oh, and USCIS told me that we can file the I-130 and the I-485 AOS stuff simultaneously while he's here. My mom just sent an email to the lawyer so my fiance and I will keep everyone posted. Thansk for everyone's help!

Sorry I touched on this topic in the other thread, I should have read this thread

You are taking a risk.. You have already filed a K-1 for this person and now you will be lying about your intentions when he enters the country. When the I-130 interview happens the lie will be exposed with the K-1.

People provided you with some very bad information when you filedyour K-1 originally. There is nothing you can do about that now... and you can't erase the K-1 paper trail that already exists.. If you follow the K-1 through your guy will be here in a few months tops - yes you will miss the wedding date but is the wedding happening on november 5 worth the risk?

[Done--Really 331]

Not all immigration lawyers know there stuff and there are plenty of them that are borderline fraudulent.

If your lawyer starts talking about staying here for 60 days and then getting married so it looks like you didn't come with any intent to get married so you can lie later when going through AOS, fire him on the spot and do it the right way. He risks nothing by advising you to lie--you risk everything--REALLY

[Deputy Purple 1,294]

CBP will be able to see that there is a petition in process for your intended spouse and they may ask current intent. This would be a set-up to get them to misrepresent. If the answer is "to get married and AOS" they won't be admitted, if they answer otherwise then they are misrepresenting a material fact and at ASO this can lead to denial, deportation and a lifetime ban for material misrepresentation.

[Mad_Scottish 0]

At no stage have I ever considered lying at my point of entry in the US, about intent to stay etc. With the time line we gave ourselves and the fact there has been no movement on the visa for so long, we have started to look at plan B and what we can do within the current system and keeping everything legal. We spoke to the USCIS and what I posted above is what we were told.

Obviously that is not the case and there are 2 options as it currently stands, that I see as our only options. Fly over, get married and then leave before my 90 days are up, filing the spouse visa upon my return to the UK and going through that process. Alternatively, changing the date of the wedding and moving it to next year to allow the visa more than ample time to complete its process and fly over with the k1 visa in hand and get married etc and do everything else that we need to do after the wedding with all the appropriate paperwork.

At no stage was I ever intending to break any laws, lie to anyone about any aspect about what is and was going on.

[Navyk 78]

At no stage have I ever considered lying at my point of entry in the US, about intent to stay etc. With the time line we gave ourselves and the fact there has been no movement on the visa for so long, we have started to look at plan B and what we can do within the current system and keeping everything legal. We spoke to the USCIS and what I posted above is what we were told.

Obviously that is not the case and there are 2 options as it currently stands, that I see as our only options. Fly over, get married and then leave before my 90 days are up, filing the spouse visa upon my return to the UK and going through that process. Alternatively, changing the date of the wedding and moving it to next year to allow the visa more than ample time to complete its process and fly over with the k1 visa in hand and get married etc and do everything else that we need to do after the wedding with all the appropriate paperwork.

At no stage was I ever intending to break any laws, lie to anyone about any aspect about what is and was going on.

I am following the thread and I know that all who responded have been trying to help you. We all know that you want to be legal and safe and hence have been stressing that the suggested mis-information from so called reliable offices is not correct. Whichever route you take among the two alternatives, we wish you the very best. take care.

[Done--Really 331]

Hey Mad--

No one here was suggesting you were wanting to break the law--we were only telling you the consequences if you did. We have seen all too many stories on this site where people got horrible advice from lawyers and even the USCIS and been deported and banned for life...this is one area of your life where not playing by the rules has extraordinary implications, so we are probably a little overbearing, but sometimes that is necessary to save you from yourself.

As to flying over wile the K-1 is in process, there is always the risk that CBP does not let you in, so the safer approach is to delay until early next year.

Best wishes