Visa Waiver Program

[nicknackzz 0]

So, I have called USCIS multiple times and gotten mixed results from them basically each time. I have been told my bf cannot come here on the VWP and get married and be allowed to stay, and just yesterday I was told that he CAN come on the VWP and get married and stay.

I told the lady on the phone that I am wanting the CORRECT information this time. And she proceeded to tell me he CAN come on the VWP and get married and stay as long as we fill out some forms she told me. Those forms being the I-130, I-485, I-693, I-864, I-765 & I-131.

My bf and I are sick and tired of getting mixed results from of all places.. USCIS.

Is there ANYONE ELSE I can call and ask this kind of information about? I would go to their office but in order to go there I need an appointment and well, it'd be better if my boyfriend was with me here and he's not.

We both want the right information because it's what we deserve. We don't want to do one thing and then it and up that what we did was wrong and my boyfriend end up getting deported and/or we face jail time and/or fines.

[lost_at_sea 995]

So, I have called USCIS multiple times and gotten mixed results from them basically each time. I have been told my bf cannot come here on the VWP and get married and be allowed to stay, and just yesterday I was told that he CAN come on the VWP and get married and stay.

I told the lady on the phone that I am wanting the CORRECT information this time. And she proceeded to tell me he CAN come on the VWP and get married and stay as long as we fill out some forms she told me. Those forms being the I-130, I-485, I-693, I-864, I-765 & I-131.

My bf and I are sick and tired of getting mixed results from of all places.. USCIS.

Is there ANYONE ELSE I can call and ask this kind of information about? I would go to their office but in order to go there I need an appointment and well, it'd be better if my boyfriend was with me here and he's not.

We both want the right information because it's what we deserve. We don't want to do one thing and then it and up that what we did was wrong and my boyfriend end up getting deported and/or we face jail time and/or fines.

Okay. Here's what's going on.

Your boyfriend can enter the US on VWP and get married and stay. The clincher is that he isn't allowed to enter the US with the INTENT to marry and stay. People marry in the US all the time on the whim of it, but if you enter the US with INTENT TO MARRY and then adjust status, then that's visa fraud. If you do this, and the USCIS thinks you had intent to marry and stay, then they will deny your boyfriend and you risk him being banned.

This is why the K1 (fiance) visa exists - to allow people to *legally* enter the US with intent to marry and stay.

They will want to know that he entered the US with the genuine intent to be a tourist and LEAVE at the end of his tourist visa.

Does that make sense?

If you google about, you'll find other people trying to explain this also. Like this one: http://www.bataraimmigrationlaw.com/visa-waiver-program-no-room-for-love.html

Edited April 4, 2013 by lost_at_sea

[ricnally 258]

And just for a little further clarification: why would the USCIS suspect he entered the US with the intention to stay? Well, if, before leaving his home country, he quit his job, sold his car, gave up his apartment, for example.

[lost_at_sea 995]

Okay so, since you do have intent to marry (because you're here, asking) what you should probably do is read about your best options to do what you want legally.

If you want to get married in the US and stay after that marriage, you can file for the K1 visa whilst he continues to live in Ireland: http://www.visajourney.com/content/k1guide

If you want to get married in the US RIGHT NOW and let him leave after for his legal visa, you can file for the CR-1 visa: http://www.visajourney.com/content/i130guide1

If you want to get married in Ireland now, you can also file for the CR-1 visa while he waits there: http://www.visajourney.com/content/i130guide1

If you want to live in Ireland for 6 months, marry there, then file for the CR-1 with Direct Consular Filing in Dublin: http://www.visajourney.com/content/dcf

Also, the lady on the phone who told you which forms to complete... this is the guide that goes with those forms: http://www.visajourney.com/content/i130guide2 Read the top part carefully.

Edited April 4, 2013 by lost_at_sea

[baron555 934]

So, I have called USCIS multiple times and gotten mixed results from them basically each time. I have been told my bf cannot come here on the VWP and get married and be allowed to stay, and just yesterday I was told that he CAN come on the VWP and get married and stay.

I told the lady on the phone that I am wanting the CORRECT information this time. And she proceeded to tell me he CAN come on the VWP and get married and stay as long as we fill out some forms she told me. Those forms being the I-130, I-485, I-693, I-864, I-765 & I-131.

My bf and I are sick and tired of getting mixed results from of all places.. USCIS.

Actually the lady gave you correct information......but just not the entire story.

He can come here on the VWP, with the intention of marrying you and staying......then you have to adjust status so he can obtain his GC, which allows him to be a legal permanent resident, allows him to legally work and allows him to re-enter the US if he were to leave.......but.......

here's the kicker........you'll both most likely have an interview and at that interview it may be revealed (or determined by the interviewer) that you both did this. The result could be immediate deportation because of visa fraud and a lifetime ban.

That is the rest of the story. (or could be). It's your gamble.

[nicknackzz 0]

Actually the lady gave you correct information......but just not the entire story.

He can come here on the VWP, with the intention of marrying you and staying......then you have to adjust status so he can obtain his GC, which allows him to be a legal permanent resident, allows him to legally work and allows him to re-enter the US if he were to leave.......but.......

here's the kicker........you'll both most likely have an interview and at that interview it may be revealed (or determined by the interviewer) that you both did this. The result could be immediate deportation because of visa fraud and a lifetime ban.

That is the rest of the story. (or could be). It's your gamble.

I was told by the USCIS 4times now.. that it is OKAY to do so but not GUARANTEED basically..its basically a 50/50 thing to do, and it all comes down to "INtent" if intended it may be seen as fraud if not intended it may be great,GC etc... i was told now that it can be done and it is possible,

the uscis sent me this and ... "So legally it can happen in that circumstance. You run the risk of being considered to have committed fraud if you do it your way. Then again you might not. It’s not something that can be foretold."

[lost_at_sea 995]

I was told by the USCIS 4times now.. that it is OKAY to do so but not GUARANTEED basically..its basically a 50/50 thing to do, and it all comes down to "INtent" if intended it may be seen as fraud if not intended it may be great,GC etc... i was told now that it can be done and it is possible,

the uscis sent me this and ... "So legally it can happen in that circumstance. You run the risk of being considered to have committed fraud if you do it your way. Then again you might not. It’s not something that can be foretold."

So, are you a gambler?

Personally, I wouldn't take the risk. The cost is too high if it went wrong. Lifetime bans are serious and I wouldn't gamble my ability to live in the country that I wish to with my partner.

[nicknackzz 0]

So, are you a gambler?

Personally, I wouldn't take the risk. The cost is too high if it went wrong. Lifetime bans are serious and I wouldn't gamble my ability to live in the country that I wish to with my partner.

Im Not no lol,

[NigeriaorBust 4,087]

You have emailed them asking about it and then you think you can tell them you didn't have intent when you did it ? And I thought I was crazy.

[TBoneTX 43,059]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- VWP isn't limited to K-1 path. ***

[nicknackzz 0]

You have emailed them asking about it and then you think you can tell them you didn't have intent when you did it ? And I thought I was crazy.

Well they dont know my name, age or story so yes i asked, was it legal and they said..in all right it is and it isnt, it all depends... what they basically told me was to do it and say u didnt intend on it and itd be fine, so beore you say anything about being crazy actually the USCIS arent as bad or strict as people let on to be.. Cheers anyways for your dub comment, could saved your time and commented on something more important because obviously it isnt important to YOU butit is to me.

[Harpa Timsah 13,258]

The people you call are not USCIS employees. They are subcontracted workers who read from a screen. They are not meant to give out any legal advice or any help with forms. Most people on VJ call them the "misinformation line."

If you show up at the border and say you want to come and get married and move to the US, you will be denied entry. If you do that with a K-1 visa, they will say, welcome! Think about that.

[SOflaherty 40]

I think whoever asked you if you are a gambler had the best answer People adjust on the VWP every day. Literally every day. It is a legal way to do it, and it's been proven time and time again that intent is not enough to disqualify someone from adjusting based on marriage when the case would otherwise be approved.

That said, there is no guarantee. We saw issues last spring where for awhile in a certain jurisdiction these cases were being held up or denied because it is considered a slightly grey area. It went to the circuit court in a lot of places and was deemed allowed for the most part. I've not heard of anyone being denied since, but that doesn't mean it doesn't happen.

The absolute safest route is to go the K-1 or CR-1, but the VWP to Adjustment route is faster, and you have the opportunity to do it. You really have to think hard about it though because if he is denied on the VWP adjustment, that's it, he doesn't get a second chance or appeal.

If you are not a gambler you are best going a fiancee visa or such

[nicknackzz 0]

I think whoever asked you if you are a gambler had the best answer People adjust on the VWP every day. Literally every day. It is a legal way to do it, and it's been proven time and time again that intent is not enough to disqualify someone from adjusting based on marriage when the case would otherwise be approved.

That said, there is no guarantee. We saw issues last spring where for awhile in a certain jurisdiction these cases were being held up or denied because it is considered a slightly grey area. It went to the circuit court in a lot of places and was deemed allowed for the most part. I've not heard of anyone being denied since, but that doesn't mean it doesn't happen.

The absolute safest route is to go the K-1 or CR-1, but the VWP to Adjustment route is faster, and you have the opportunity to do it. You really have to think hard about it though because if he is denied on the VWP adjustment, that's it, he doesn't get a second chance or appeal.

If you are not a gambler you are best going a fiancee visa or such

When you say denied, what happens if he GOT denied by doing the VWP route?? you mean like, Deported or what?

Also.. What if we got married on the VWP, and he returned home, then what do we file? i seen on an agreement thing uhm the i-485 i think it is. States that a Visa Waiver program holder cant adjust status (AOS) UNLESS.. he/she has a spouse,relative etc who is a US citizen, so what if we done that? married on VWP then returned hme? we arent breaking laws correct? as he returned home, but since hes married to an US citizen, what happens or what do we do from there???????

[SOflaherty 40]

When you say denied, what happens if he GOT denied by doing the VWP route?? you mean like, Deported or what?

Also.. What if we got married on the VWP, and he returned home, then what do we file? i seen on an agreement thing uhm the i-485 i think it is. States that a Visa Waiver program holder cant adjust status (AOS) UNLESS.. he/she has a spouse,relative etc who is a US citizen, so what if we done that? married on VWP then returned hme? we arent breaking laws correct? as he returned home, but since hes married to an US citizen, what happens or what do we do from there???????

Correct, if he is denied for any reason while going through a VWP adjustment, he waives the right to an appeal, and he will be deported. Denials are not common if you do it all correctly, but adjusting through the VWP really is a one-shot deal.

If you get married while he is on the VWP and he leaves, you'll need to go the CR-1 route. He may or may not be allowed to visit on the VWP while you are doing the CR-1 process, but I know applicants are usually scrutinized heavily because there is fears with a wife in the country he will decide to just stay rather than only staying the length of his visit. You will have no problems visiting him where he is at during the CR-1 process, and it's a much 'safer' bet than doing a VWP adjustment.