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Filed: Citizen (apr) Country: Canada
Timeline
Posted

:thumbs:

If she has a British passport, can't she come here on the VWP?

AOS

Filled : 2007-09-17

NOA : 2007-09-25

Biometrics : 2007-12-13

EAD card prod : 2007-12-13

Job Offer : 2007-12-18

EAD card prod : 2007-12-18

EAD approved mailed : 2007-12-21

EAD in Hand : 2007-12-24 (Awesome Christmas Present)

Applied for SSN : 2007-12-26

SSN arrives in mail : 2008-01-05 (Happy New Year)

Start work :2008-01-15

Posted (edited)
so what is a VWP and how long do you have to wait for that to take effect or whatever? and once she got here on the VWP and i asked her to marry me how long would we have to wait for the adjustment of status to take place??..thanks, Aaron

The VWP or Visa Waiver Program allows nationals of participant countries to visit the US (note: VISIT, not 'immigrate to') the US visa-free. So if your not-yet-fiancee has a British passport, and meets the conditions (for example, her passport needs to be a machine-readable one - depending on where and when it was issued, it might not be), she can come to visit you in the US without any kind of visa. Have a read about the VWP here.

The whole point, though, is that it is designed to allow people to visit the US, as tourists or on business, for up to 90 days, without first applying for a visa (assuming they meet all the requirements... it is not designed to get into the US quickly & easily with the intention of immigrating. Even if your fiancee supposedly is blissfully unaware of your intentions, I really don't think getting her into the US under 'false pretences' (of a visit) with the intention of marrying her and applying to adjust her status is a good one. For a start, she wouldn't be able to leave the US at all while waiting for her AOS to be approved (well, she would, but she then wouldn't be able to get back in) without Advanced Parole... if the girl genuinely does just come over for a visit, with absolutely no intention of immigrating on that visit, not being able to leave for a few months might be a bit inconvenient!

I honestly think the best way to do it is to apply for a K-1 visa (or marry her in Jordan, perhaps, and apply for K-3/CR-1) if your intention is so clearly to bring her to the US with the intention of her staying. She's surely not totally oblivious to this plan, so for her to enter the US on the VWP or any other kind of visa not designed for that purpose might well constitute visa fraud... and when it comes to AOS, you might be asked to prove that she had no such intention. If she comes to the US on the VWP, say, and the two of you get married and apply to adjust her status right away... that's going to look suspect, to say the least.

Edited by featherB

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

Filed: K-1 Visa Country: Singapore
Timeline
Posted

Please be reminded of the TOS when posting. I have removed a post due to a TOS violation already.

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Filed: Country: Jordan
Timeline
Posted

yeah im going to be talking to a lawyer in the next couple of days....im going to be finding out about the job in england by the end of the month so all of this mite not matter anyway....what is the difference in time for her to just apply for a regular visa to stay here and work as compared to the k-3...is it faster to marry her in jordan and wait for the k-1....and what is the TOS that the admin was talking about? did i screw something up?

Filed: Citizen (apr) Country: Morocco
Timeline
Posted
Please be reminded of the TOS when posting. I have removed a post due to a TOS violation already.

Could you please clarify. I see which post you removed (by the way, it was quoted multiple times subsequently and those are still visible). I don't understand how it violated the TOS.

Filed: Other Country: China
Timeline
Posted
Please be reminded of the TOS when posting. I have removed a post due to a TOS violation already.

Could you please clarify. I see which post you removed (by the way, it was quoted multiple times subsequently and those are still visible). I don't understand how it violated the TOS.

Exactly, I certainly don't wish to violate the TOS but also don't see how the post did so. I clearly stated what would BE visa fraud as compared to what would not be. Perhaps you were concerned the post could be misunderstood. It was, so that's a legitimate enough concern. I'm sorry for any misunderstanding but surely that's cleared up now.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Citizen (apr) Country: Morocco
Timeline
Posted
And I have made invisible the posts that quoted the removed post.

Yodrak

Please be reminded of the TOS when posting. I have removed a post due to a TOS violation already.

But again, how exactly did pushbrk violate the TOS? I thought his advice was solid.

Filed: Timeline
Posted (edited)

Aaron,

Please clarify - does she have a British passport or a British visa in her Jordanian passport? The way you describe it indicates a visa.

Yodrak

..... she has a passport from england that lets her do anything she wants there including live and work.......Thanks, Aaron
Edited by Yodrak
Filed: Timeline
Posted

Aaron,

She should not try to use her student visa to visit. One would expect that a CBP officer would ask her a question or two about her school plans when she requests entry and would turn her around on finding out that she is not requesting entry for the purpose of attending school.

Yodrak

..... she can visit on her student visa? i thought she had to come back and go to school with that but could not visit? am i wrong in thinking this?? ....

.....THanks again, Aaron

Filed: Timeline
Posted

Jackie,

Perhaps no one has mentioned it because it is not illegal.

Attempting to enter on a student visa when one has no intention of being a student is illegal, and that has been mentioned.

Yodrak

..... Coming on a student visa with the intent on marrying is illegal. I am really suprised that no one has mentioned this yet.

.....

Jackie

 
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