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How should I process ????? I really need your help

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Filed: Country: Vietnam (no flag)
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i am just trying to understand why some people do it and get it without trouble.

Hi,

There are two issues. 1) Conflicting laws. 2) VisaJourney's TOS.

1. It's illegal to enter the US with the intent to immigrate on a non-immigrant visa or a visa-less route (Canadian, VWP, etc.) It's a VJ's TOS violation to help someone who is OUTSIDE the US who wants help planning to do this. VJ will shut down this discussion.

2. Under case laws, USCIS can not deny the AOS of an Immediate Relative of a USC. So, while it is illegal to enter the US with the preconceived intent to immigrate, it's a non-issue once the person passes the POE and seeks to adjust. It's not a VJ's TOS violation to help someone who is INSIDE the US who wants to adjust after entering the US on a non-immigrant visa or a visa-less route. No one is giving advice to PLAN coming illegally. Now, the advice is solely on adjusting legally.

Two issues which causes problems and confusion on VJ. Why we can discuss the issue sometimes and other times, we can not because of VJ's TOS.

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Filed: Other Country: France
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It's not allowed to enter the US under the VWP or a tourist visa with the intent to marry and stay. That said, obviously a lot of people do it with the excuse that they weren't planning on getting married when the spouse was over to visit for a month, it just happened.... I'll keep my opinion about that to myself. But that is how your fiance's friends were able to do that, they either told the CBP office that they were just coming to visit or that they were coming to marry and then travel back home. It's perfectly fine to enter the US under the VWP or a tourist visa with the intent to marry IF you are planning on returning home afterwards. Lots of people do that.

Options for you are either apply for a K-1 visa, which I hear takes about six months, then enter the US, marry and adjust or....

Enter as a tourist, get married, return to your home country and apply for CR-1 visa, which takes about a year.

Thank you very much for your help.

I know somebody who was staying in US why no status. She married then her husband applied for her and she got her GC in 2 months !!! i really do not know what exactly she did to get it so fast without any troubles.

I have a friend here in Canada who are in the situation. She asked to the officer what to do and he told her wrong information. come, get married in US! crazy !!!

My intention is to apply for CR1 visa, i think it is the best option for me. it will be hard to wait another year but i can do it!

So my plan is to visit my fiance, get married and go back to Canada, apply from Canada.

My big question is : should i say to the officer i am coming to visit my fiance, get married and go back to Canada or i should not say anything about marriage. i will stay like only 1 week. Officers are so strong and not friendly at all. i do not want to have problems. I almost sure they will give me trouble.

I am french citizenship, I have living for 2 years in Canada with work permit. my application will be processed in Canada (consulat in Montreal where I have living) or in France ?????

Other question just for my comprehension:

Why i read everywhere people who arrive in US, wait and get married after 90 days after arrived in US. These persons do not have problems ???? for me it does not make any sense !

Thanks in advance

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Filed: Other Country: France
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Hi,

this is not my intention at all.

It is a misunderstanding !

I have just repeated what i read everywhere, nothing else.

I am here for that, getting the good information, and follow the rule nothing else !

Sorry for the confusion and the misunderstanding.

Hi,

There are two issues. 1) Conflicting laws. 2) VisaJourney's TOS.

1. It's illegal to enter the US with the intent to immigrate on a non-immigrant visa or a visa-less route (Canadian, VWP, etc.) It's a VJ's TOS violation to help someone who is OUTSIDE the US who wants help planning to do this. VJ will shut down this discussion.

2. Under case laws, USCIS can not deny the AOS of an Immediate Relative of a USC. So, while it is illegal to enter the US with the preconceived intent to immigrate, it's a non-issue once the person passes the POE and seeks to adjust. It's not a VJ's TOS violation to help someone who is INSIDE the US who wants to adjust after entering the US on a non-immigrant visa or a visa-less route. No one is giving advice to PLAN coming illegally. Now, the advice is solely on adjusting legally.

Two issues which causes problems and confusion on VJ. Why we can discuss the issue sometimes and other times, we can not because of VJ's TOS.

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Filed: Other Country: France
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Thank you very much for your help.

My intention is to apply for CR1 visa, i think it is the best option for me. it will be hard to wait another year but i can do it!

So my plan is to visit my fiance, get married and go back to Canada, apply from Canada.

I am french citizenship, I have living for 2 years in Canada with work permit. my application will be processed in Canada (consulat in Montreal where I have living) or in France ?????

Thanks in advance

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Filed: K-1 Visa Country: Wales
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Sounds like yu still do not understand the legalities and my guess is that you only have a limited knowledge of what the people you know did. Devil is in the details.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: France
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you are totally wrong.

I have just reported what i read.

I am here for getting the right information and trying to understand.

Do not judge.

I am sorry for the misunderstanding.

Sounds like yu still do not understand the legalities and my guess is that you only have a limited knowledge of what the people you know did. Devil is in the details.

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Filed: K-1 Visa Country: Wales
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Language issues may also not help.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: United Kingdom
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OP, it's not your misunderstanding.

Those people you know who entered the US planning to marry and stay committed fraud, but the system is broken as it allows such things.

The law permits people who have genuinely entered the US as visitors to adjust their status if they have a 'spur of the moment' change of mind and decide to marry.

This system is regularly abused by people who enter the US intending to stay and lying to the Border officers to let them pass.

The correct route for you should be either a K1 or CR1 visa, just because you know people who have obtained their greencards fraudulently does not make it right.

Good luck with whichever proper visa path you take.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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