AOS for wife from Tourist to PR, Intent change

[zqt3344 21]

I, personally, would not take the risk. Especially since she was questioned so intensively when entering the country.

Just food for thought: a woman I met at the embassy waiting for my K1 interview told me how she had been questioned when trying to enter for her previous visit, mostly about too many visits and intent to remain. At the end of the interrogation, the officer at the POE had told her nicely, but sternly to go back after the visit and file for the K1.

During her K1 interview, she was told that her passport had been "flagged" and that she had done the right thing. The CO told her "I'm so glad to see you here today, doing things the right way". Does that mean her AOS would have been denied had she tried to adjust in the US? Who knows, but is it worth the risk?

At least consult with an immigration attorney before making any decision.

I agree with you... it may not be the best route for everyone to take... does that make it against the law to do it that way?? NO..... and as I have always said in all my post about doing AOS from a VWP/Tourist Visa... you need to have a consult with a immigration lawyer to go over your individual case and make sure that you are not going to do something that would be damaging to your case....

Kez

Ummm let me see I am posting misleading information? And what did these other previous posters just say from experience on the other person above being told they were flagged on their passport and it is good thing they got the K1 instead of doing what you are suggesting? AND what did the USCIS agent at the border say. And what does USCIS policy say, once again, key word you hinge your statements on is "intent", and sure I could have tried to game the system myself, my wife had a 5 yr tourist visa so why not have her come to USA go get married and never go back and file AOS. But the fact was we intended to marry and we did not want to risk running afoul of USA laws nor did we not want to risk never having her relatives being denied a visa and entry into the USA for a long long long time if ever. You see something you fail to forget to mention to this person is that even if they game the system and use this loophole to get married and stay in the USA on the tourist visa they are not going to be going to have any visitors from France in his wife's family for quite sometime if they have to get a visa or try to come on one, I know from other people that have married such as you and every one of them told me they regretted it later due to fact their relatives were denied a USA visa to come and travel to visit for at least 5 years or more, now will that happen to everyone, who knows but it is a possiblity. AND key word "intent", and what happens when this person tries to explain they already got married in France and then after 4th visit or whatever was told expressly by a USCIS boder patrol agent go back and file proper forms, those border agents are making a record of it now and sending it right back to main USCIS database, and yes I do know that for a fact(for example see the post above), there is a very good reason that agent told them to go back. If you try to circumvent the intent of the USA federal laws and you get caught, it will cost you dearly, the USA feds do not mess around once you get their attention it is best to do what you are told. For there is a strong probability these posters have been flagged in the USCIS system now. I agree with you it is a legal loophole to come to the USA on a tourist visa or whatever type of visa, meet the love of your life, and say hey we just decided to get married and fell in love, but once you have made all those numerous trips in and out of the USA and there is other obvious evidence right before the USCIS eyes it gets very hard to disprove it and take the risk.

[Kez/JWolf 6]

I, personally, would not take the risk. Especially since she was questioned so intensively when entering the country.

Just food for thought: a woman I met at the embassy waiting for my K1 interview told me how she had been questioned when trying to enter for her previous visit, mostly about too many visits and intent to remain. At the end of the interrogation, the officer at the POE had told her nicely, but sternly to go back after the visit and file for the K1.

During her K1 interview, she was told that her passport had been "flagged" and that she had done the right thing. The CO told her "I'm so glad to see you here today, doing things the right way". Does that mean her AOS would have been denied had she tried to adjust in the US? Who knows, but is it worth the risk?

At least consult with an immigration attorney before making any decision.

I agree with you... it may not be the best route for everyone to take... does that make it against the law to do it that way?? NO..... and as I have always said in all my post about doing AOS from a VWP/Tourist Visa... you need to have a consult with a immigration lawyer to go over your individual case and make sure that you are not going to do something that would be damaging to your case....

Kez

Ummm let me see I am posting misleading information? And what did these other previous posters just say from experience on the other person above being told they were flagged on their passport and it is good thing they got the K1 instead of doing what you are suggesting? AND what did the USCIS agent at the border say. And what does USCIS policy say, once again, key word you hinge your statements on is "intent", and sure I could have tried to game the system myself, my wife had a 5 yr tourist visa so why not have her come to USA go get married and never go back and file AOS. But the fact was we intended to marry and we did not want to risk running afoul of USA laws nor did we not want to risk never having her relatives being denied a visa and entry into the USA for a long long long time if ever. You see something you fail to forget to mention to this person is that even if they game the system and use this loophole to get married and stay in the USA on the tourist visa they are not going to be going to have any visitors from France in his wife's family for quite sometime if they have to get a visa or try to come on one, I know from other people that have married such as you and every one of them told me they regretted it later due to fact their relatives were denied a USA visa to come and travel to visit for at least 5 years or more, now will that happen to everyone, who knows but it is a possiblity. AND key word "intent", and what happens when this person tries to explain they already got married in France and then after 4th visit or whatever was told expressly by a USCIS boder patrol agent go back and file proper forms, those border agents are making a record of it now and sending it right back to main USCIS database, and yes I do know that for a fact(for example see the post above), there is a very good reason that agent told them to go back. If you try to circumvent the intent of the USA federal laws and you get caught, it will cost you dearly, the USA feds do not mess around once you get their attention it is best to do what you are told. For there is a strong probability these posters have been flagged in the USCIS system now. I agree with you it is a legal loophole to come to the USA on a tourist visa or whatever type of visa, meet the love of your life, and say hey we just decided to get married and fell in love, but once you have made all those numerous trips in and out of the USA and there is other obvious evidence right before the USCIS eyes it gets very hard to disprove it and take the risk.

You still have not been able to show me where the law is that says it is illegal to file for AOS after entering on a VWP/tourist Visa with no intent at the time of entry but for whatever reason you change your mind....

As for your reasoning that it should not be done because it will deny any of your relatives the chance of visiting you in the US for years to come.... that is utter BS every member of my family has been to the US to visit me over the last 3 years and 2 of them had to file for a visa as they could not enter on the VWP... they were both interviewed in London and were both given Tourist visas to come to vacation with us.... so please stop speading rumours and show the evidence you claim you have.... you say that most of the people who have done AOS from a tourist Visa end up regreting having done it this way... well I have known many people who have done AOS from a VWP/Tourist Visa both on VJ and in real life and none of them have ever had any family members denied a visa to come and visit them because they did AOS from a VWP/Tourist Visa.... and none of them have regretted doning what they did for one moment....

I did not meet my husband after I came to the US I have known my husband all my life and have spent every summer here in the US since I was 6 years old... As for your comments about the fact that the OP and his wife were married in France so they had intent again do a search here on VJ for couple who have done AOS even though they were already Married when they entered on Vacation.... the last one I can remember is a couple who's wife came to visit her USC husband she was pregnat and she went into early labour while here on vacation... baby was born but had to remain in the hospital so the couple were advised that the wife would not need to return to her home country to complete their K3 visa... they were able to file for AOS and she could remain.... so yes it does happen all the time..... and I will say again it is not against any law to do it this way..... NOW if you sit in your own country and talk to your USC spouse/BF/GF and deceide that you dont want to have to wait to come to the US and dont want to be appart so you plan to enter the US with the intent of claiming to be on a vacation but you intend to remain... then yes when you enter or try to enter you will be commiting Visa fraud..... but at no time has the OP said that they had planned to do that when his wife last entered the US....

Kez

[bradcanuck 1]

Kez is right. Sorry Hoss... keep barking, she broke no laws and her advice is pretty solid.

[kathrine77 0]

I'm Swedish, my husband American.

We got married in Sweden in Jan this year and came to the US in May. I went in on a tourist visa and intended to go back to Sweden. However we changed our mind since my husband got a job here so we applied for AOS.

I don't see the problem at all... I guess I didn't intend to stay, but I have no proof that I was going back except my ticket... Hopefully there won't be any problems.

Still waiting for my interview and EAD...

[Singers 0]

My husband and I were in the same situation.. actually even worse because we already had a K-3 pending when we were stopped. (see my previous posts to get the full story) I was given the same advice. Stop the paperwork and have my husband go home.....

We adjusted with no problem. Our interviewing officer asked us what happened and I explained to him why we changed our minds. He was fine with it.

Yes, most people think it is not fair that you can do this.. and frankly I don't blame them. It is hard being apart from your love one and at the mercy of such a crazy system. However, that doesn't mean what you are doing is illegal.

I think most people are just trying to point out the obvious.; there is a risk doing it this way. If you get an officer that doesn't believe you were going to return, that you were trying to circumvent the system, you will be charged with misrepresentation. To overcome this will be a long, hard process and may result in a ban from the country.

Will this happen? Probably not. Can anyone guarantee it won't? No. So just be aware that of the huge downside.

We consulted an attorney and had peace of mind when we went to our interview. (we did all the filing and everything ourselves) Maybe that is something you want to consider.

Best of luck.

[zqt3344 21]

I, personally, would not take the risk. Especially since she was questioned so intensively when entering the country.

Just food for thought: a woman I met at the embassy waiting for my K1 interview told me how she had been questioned when trying to enter for her previous visit, mostly about too many visits and intent to remain. At the end of the interrogation, the officer at the POE had told her nicely, but sternly to go back after the visit and file for the K1.

During her K1 interview, she was told that her passport had been "flagged" and that she had done the right thing. The CO told her "I'm so glad to see you here today, doing things the right way". Does that mean her AOS would have been denied had she tried to adjust in the US? Who knows, but is it worth the risk?

At least consult with an immigration attorney before making any decision.

I agree with you... it may not be the best route for everyone to take... does that make it against the law to do it that way?? NO..... and as I have always said in all my post about doing AOS from a VWP/Tourist Visa... you need to have a consult with a immigration lawyer to go over your individual case and make sure that you are not going to do something that would be damaging to your case....

Kez

Ummm let me see I am posting misleading information? And what did these other previous posters just say from experience on the other person above being told they were flagged on their passport and it is good thing they got the K1 instead of doing what you are suggesting? AND what did the USCIS agent at the border say. And what does USCIS policy say, once again, key word you hinge your statements on is "intent", and sure I could have tried to game the system myself, my wife had a 5 yr tourist visa so why not have her come to USA go get married and never go back and file AOS. But the fact was we intended to marry and we did not want to risk running afoul of USA laws nor did we not want to risk never having her relatives being denied a visa and entry into the USA for a long long long time if ever. You see something you fail to forget to mention to this person is that even if they game the system and use this loophole to get married and stay in the USA on the tourist visa they are not going to be going to have any visitors from France in his wife's family for quite sometime if they have to get a visa or try to come on one, I know from other people that have married such as you and every one of them told me they regretted it later due to fact their relatives were denied a USA visa to come and travel to visit for at least 5 years or more, now will that happen to everyone, who knows but it is a possiblity. AND key word "intent", and what happens when this person tries to explain they already got married in France and then after 4th visit or whatever was told expressly by a USCIS boder patrol agent go back and file proper forms, those border agents are making a record of it now and sending it right back to main USCIS database, and yes I do know that for a fact(for example see the post above), there is a very good reason that agent told them to go back. If you try to circumvent the intent of the USA federal laws and you get caught, it will cost you dearly, the USA feds do not mess around once you get their attention it is best to do what you are told. For there is a strong probability these posters have been flagged in the USCIS system now. I agree with you it is a legal loophole to come to the USA on a tourist visa or whatever type of visa, meet the love of your life, and say hey we just decided to get married and fell in love, but once you have made all those numerous trips in and out of the USA and there is other obvious evidence right before the USCIS eyes it gets very hard to disprove it and take the risk.

You still have not been able to show me where the law is that says it is illegal to file for AOS after entering on a VWP/tourist Visa with no intent at the time of entry but for whatever reason you change your mind....

As for your reasoning that it should not be done because it will deny any of your relatives the chance of visiting you in the US for years to come.... that is utter BS every member of my family has been to the US to visit me over the last 3 years and 2 of them had to file for a visa as they could not enter on the VWP... they were both interviewed in London and were both given Tourist visas to come to vacation with us.... so please stop speading rumours and show the evidence you claim you have.... you say that most of the people who have done AOS from a tourist Visa end up regreting having done it this way... well I have known many people who have done AOS from a VWP/Tourist Visa both on VJ and in real life and none of them have ever had any family members denied a visa to come and visit them because they did AOS from a VWP/Tourist Visa.... and none of them have regretted doning what they did for one moment....

I did not meet my husband after I came to the US I have known my husband all my life and have spent every summer here in the US since I was 6 years old... As for your comments about the fact that the OP and his wife were married in France so they had intent again do a search here on VJ for couple who have done AOS even though they were already Married when they entered on Vacation.... the last one I can remember is a couple who's wife came to visit her USC husband she was pregnat and she went into early labour while here on vacation... baby was born but had to remain in the hospital so the couple were advised that the wife would not need to return to her home country to complete their K3 visa... they were able to file for AOS and she could remain.... so yes it does happen all the time..... and I will say again it is not against any law to do it this way..... NOW if you sit in your own country and talk to your USC spouse/BF/GF and deceide that you dont want to have to wait to come to the US and dont want to be appart so you plan to enter the US with the intent of claiming to be on a vacation but you intend to remain... then yes when you enter or try to enter you will be commiting Visa fraud..... but at no time has the OP said that they had planned to do that when his wife last entered the US....

Kez

No opinion, plain and simple fact per USCIS immigration laws and instructions, did you read them. Like I said it all hinges on the "intent" and by the way even the people that started this thread said they have been stopped, questioned for an hour and told to go back and file proper forms. How much more direct does the USCIS have to be. Once again it amazes me at the outright total disregard for the USA laws you people have and you want to come here and live, it is unreal, you are encouraging people to start their new life here off on the wrong foot from the very beginning. AND it is a legal loophole that you came over here on like many others(which by the way I had every opportunity to use also so spare me the jealous speech, you are breaking the law when you do this knowing full well you plan to get married while in the USA on a tourist visa and not go back and USCIS instruct you by US law to file a K1 or whatever appropriate visa for marriage not to do what you are trying to inspire people here to do) , which by the way is fine if you can get away with it and live with it on your conscious for the rest of your life not to worry that at sometime it might come up and cause a problem for you while going through AOS process, if you can beat the system fine game it beat it, but to knowingly come to the USA on any other visa as you did and not the K1, while you know you are going to plan on getting married is breaking the law plain and simple and it says so specifically. AND sure you can claim the innocent, we were in love and had no idea or plans to do this so we did it while I was here on this tourist visa, fine go for it that is chance you take, but you are going to end up causing problems for all those that truly need it for truly unplanned marriages, for it is a legal loophole that is designed for those that really need it and the more and more people like you exploit it the more and more it will get eventually shut down for those that truly need it. Now you have yet to show me where it says you can legally come here to the USA on a tourist visa and stay here with the intent to marry on that visa and not go back can you? You know I am right and that is what is driving you crazy is that it is unethical and breaking the law if that is what you have done and it says so plain and simple per USCIS policy and USA immigration laws.

[zqt3344 21]

Kez is right. Sorry Hoss... keep barking, she broke no laws and her advice is pretty solid.

Sorry Eh, Big Rig

Kez is wrong and not telling it right based on info presented, and has yet to show where it is legal to do this knowing they intend to marry on a tourist visa.

[JenT 0]

Be careful not to get a concussion when you fall from that high, holier than thou pedestal you are on zqt.

Kez is right. Sorry Hoss... keep barking, she broke no laws and her advice is pretty solid.

Sorry Eh, Big Rig

Kez is wrong and not telling it right based on info presented, and has yet to show where it is legal to do this knowing they intend to marry on a tourist visa.

You have yet to show that it is illegal.

[Nicky44 0]

I came across this on a USCIS website, hope this shows that nobody is breaking the law if they want to adjust from tourist visa.

Kez I am with you, providing you can prove you had no "intent" when arriving at POE

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Edited November 14, 2007 by Nicky44

[Kez/JWolf 6]

I came across this on a USCIS website, hope this shows that nobody is breaking the law if they want to adjust from tourist visa.

Kez I am with you, providing you can prove you had no "intent" when arriving at POE

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Thank you for finding that....

Now that I am home from Work I can give you the link to the law that allows people to do exactly what I and many many other have done....

http://www.uscis.gov/propub/ProPubVAP.jsp?...bca9c886cc72455

see section 8 CFR PART 245 subsection 1245.1

Makes for an interesting read.....

Kez

Edited November 14, 2007 by Kezzie

[Singers 0]

Does anyone have any feedback/advice on this course of action? Do we absolutely need a lawyer to go through this process? What is the worst that can happen in this case if we file the paperwork successfully and then something goes wrong during the interview?

To answer the original posters question:

Yes, you can adjust from a tourist visa. (this is a legal fact, not advice.)

You technically do not need a lawyer to file the paperwork. (Fact, not advice.)

It would be in your best interest to consult an attorney.

Worse case scenario:

If the interviewing officer finds that you lied to the officer at POE you will be charged with misrepresentation and denied adjustment of status.

Misrepresentation results in a lifetime ban from the country. This ban can be overcome by filing an I-601 waiver proving extreme hardship to the USC. Statistically this is a very difficult charge to overcome but not impossible.

No one knows ALL the facts of your case, you do not need to post them, so they can not give you perfect advice. We can only speculate based on our own experiences, what we've read of others' experiences and express our opinions. Given the facts that you have posted it would be an increased risk to adjust status. Please consult an attorney.

[zqt3344 21]

I came across this on a USCIS website, hope this shows that nobody is breaking the law if they want to adjust from tourist visa.

Kez I am with you, providing you can prove you had no "intent" when arriving at POE

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Have you people heard of visa fraud, that is breaking the USA laws based on what you are advocating. LIKE I said, keyword 'intent' and in if you had intent to get married in USA while on or using a Tourist visa then you broke the USA law plain and simple, now like I said if you can lie about it and live with it and convince USCIS otherwise and they do not catch you or decide otherwise then fine game the system, but I would rather follow the law of USA. Applying for a visa with intent to marry a USC, other than a fiance visa of course, can lead to charges of visa fraud and fines later.

You people have to ask yourself this One question and answer honestly. "Why can't my fiancee just come using a tourist visa or on the visa waiver program and marry me?" The problem is that a main condition of both a tourist visa and the visa waiver program is your fiancee's sworn promise that they only plan to visit the U.S., not immigrate here. The Department of State ("DOS") and United States Citizenship and Immigration Services ("USCIS") assume that an intent to marry a U.S. citizen is the same as an intent to immigrate. If your fiancee enters the U.S. as a tourist, without disclosing that they are your fiancee and intend to marry you, they have committed visa fraud. If the USCIS later decides that this is the case, they could be removed (i.e., deported) and it will be almost impossible for them to come back, even though they are married to you.

In theory, it is possible for someone to obtain a tourist visa for the express purpose of coming to the U.S. to marry. The problem is, to do this safely, they must disclose their intention when they apply for their tourist visa, and convince the consular interviewer that they truly intend to return to their home country after your marriage. For obvious reasons, this can be difficult to do, because the consulates know that the K1 fiancee visa is available as an alternative. Even if the tourist visa is given, there is also a possibility that your fiancee could be "turned back at the border" when they try to enter into the U.S. if the inspecting officer does not believe your fiancee really intends to return home after your wedding. Finally, if you use this option, your fiancee will have to return home after your wedding, and you will need to apply for a K3 spouse visa or other appropriate immigration visa for them to be able to return to the U.S. -- a process that is just as complicated and lengthy as obtaining a K1 fiancee visa in the first place.

Using the K1 fiancee or k3 spouse visa avoids all of the problems noted above, and is the only appropriate way for a foreign fiancee to come to the U.S. to marry.

A foreigner may enter the US on a different type of visa, and then get married. However, the laws on temporary visitation are clear that the purpose of the visit must be honest. If someone has this intention to marry a US citizen when they first enter the US as a visitor (e.g. on a tourist or student visa) and then plan to remain in the US to live and work, they can be denied admission if immigration finds out that they had concealed this intention at the time of admission. This requires the "tourist" to be quite covert about their intentions, hiding things like engagement rings, photos of the couple together, and large amounts of personal belongings that might signify an interest in moving permanently to the US. It is important for the applicant to keep a clear intention when entering the US on any visa: are they entering to work, to study, to visit as a tourist, to do missionary work, or to immigrate (which is the only status that seems to include everything). Behavior that mixes these codified intents is, at best, frowned upon by immigration, and at worst might ultimately result in denial of visa, entry, adjustment of status, and possible deportation of the foreign national, even after a couple is legally married.

[zqt3344 21]

Does anyone have any feedback/advice on this course of action? Do we absolutely need a lawyer to go through this process? What is the worst that can happen in this case if we file the paperwork successfully and then something goes wrong during the interview?

To answer the original posters question:

Yes, you can adjust from a tourist visa. (this is a legal fact, not advice.)

You technically do not need a lawyer to file the paperwork. (Fact, not advice.)

It would be in your best interest to consult an attorney.

Worse case scenario:

If the interviewing officer finds that you lied to the officer at POE you will be charged with misrepresentation and denied adjustment of status.

Misrepresentation results in a lifetime ban from the country. This ban can be overcome by filing an I-601 waiver proving extreme hardship to the USC. Statistically this is a very difficult charge to overcome but not impossible.

No one knows ALL the facts of your case, you do not need to post them, so they can not give you perfect advice. We can only speculate based on our own experiences, what we've read of others' experiences and express our opinions. Given the facts that you have posted it would be an increased risk to adjust status. Please consult an attorney.

Very well said Singers finally some logic and reason, you are factual in your assessment and not emotional. I never said you could not adjust from a tourist visa, you can if it is a true spontaneous sort of thing, BUT it had better not be with the intent of knowing beforehand of coming to the USA on tourist visa then getting married, for you take an oath to the USA you are not doing this on that visa, which then becomes visa fraud. If USCIS catches you watch out, it is not going to be pleasant. I agree with what you say, it is simply a choice and basically a legal loophole that is ok if not caught. But based on what this poster said, with his wife already questioned for over an hour at USA border and told to go back and file properly is a strong hint from the USCIS.

[zqt3344 21]

I came across this on a USCIS website, hope this shows that nobody is breaking the law if they want to adjust from tourist visa.

Kez I am with you, providing you can prove you had no "intent" when arriving at POE

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

worked without permission,

remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

failed otherwise to maintain lawful status and with the proper immigration documentation, or

have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Thank you for finding that....

Now that I am home from Work I can give you the link to the law that allows people to do exactly what I and many many other have done....

http://www.uscis.gov/propub/ProPubVAP.jsp?...bca9c886cc72455

see section 8 CFR PART 245 subsection 1245.1

Makes for an interesting read.....

Kez

I am sure it does make for an interesting read for those that know and comprehend US English and law. You failed to see the part where it says clearly that is is visa FRAUD(that qualifies for breaking the law here in the USA) when you intend to get married on a tourist visa you procure, since you have have taken an oath not to do this when granted entry into the USA on that particular tourist visa. Marriage on a tourist visa is for those that fall in love and decide to do it on the spur of the moment to get married while visiting the USA, and with no prior intentions or plans to immigrate to the USA this way.

[Kez/JWolf 6]

You claim it is illegal to enter on a tourist visa/VWP and get married and remain.... I have showed you the law that allowes you to do exactly that....

I am waiting for you to show me the law that shows it is illegal.....

Oh and there is nothing illegal about coming to the USA on a tourist visa and getting married 10000's do it every year from all over the world... the US Vacation wedding Planners would be out of work if it was illegal....

It is however illegal to plan to enter on a tourist visa/VWP with intent to remain.... whether you are married before or after entry... But as they laws state if you are legally admitted to the US and you then choose to adjust your non immigrant status to immigrant status then you can do so if you are the immediate relative of a USC.... you do so by filing for AOS and the associated benefits that go with it....

The OP has not said anywhere that the had any intent on entry to remain... in fact the OP has stated that his wife spend a considerable amount of time proving to the CBP officer that she did not intend to remain....

There is no legal loophole that you talk about there is a well defined law that covers this area...

Kez