Repeat visits to girlfriend in USA
Replies: 23 - Last Post: Dec 9, 2012 1:56 PM Last Post By: megaera
Dec 3, 2012 5:30 PM
15Whether or not a particular application for Adjustment of Status is "illegal" or not is for USCIS to decide. In the OP's case I wouldn't recommend it, but the previous replies stating that one can't adjust on the VWP are factually incorrect. Additionally, entering on a B2 when he intends to marry and adjust status has the exact same fundamental legal issues as if he did it on the VWP (lying about his presumed immigrant intent). The only "right" ways to do what he wants are the K-1 or CR-1 route.
And yes there are plenty of reasons for why one eligible for the VWP should apply for a visa, but in the OP's circumstances (apparently unemployed and with an American girlfriend), he's likely to be rejected which will cause more headache if he wants to travel on the VWP in the future. To a consular official, his fact pattern screams "Will work illegally and/or try to adjust status."
Edited by: Powerlurker
Dec 3, 2012 6:15 PM
However, case law does indicate that spouses may adjust status (I wish the State Department would put that on their website), assuming they are not under a removal order.
The issue arises with the intention to immigrate to the US.
But you made a general statement well beyond the scope of the OP's case. Your general statement is, as I said before, utter crap.
Dec 3, 2012 6:43 PM
17Well when my wife was here from China on a MBA/Work Visa, she had a extra 30 days to use the Visa after it Expired, to be a Tourist and then leave, but the legal counsel we sought suggested we not raise eyebrows and inquiries and get married while she in the country as a Tourist, but on the MBA/Work Visa prior to its regular expiration date. So thats what we did.
Dec 3, 2012 6:52 PM
. Actually, given that they are tasked with enforcing the law, it is for them to decide.
If I read right, you're both saying the same thing, but b is missing p's point. Which, I take is, is that it's not advocating illegality to suggest that someone put in an application that might be denied. It's not bad faith or illegal to submit a truthful application that will fail. If it doesn't meet standards, USCIS will say so, and it's not unreasonable to take an honest shot and count on them to sort it out.
Dec 3, 2012 7:27 PM
19You cannot change to another status while you are in the US under the VWP. Period. From the US State Dept.
There are a couple of exceptions. If there is an emergency (for example, you are hospitalized on day 89) you may be granted an extension. You can apply for a change of status if you seek political asylum.
Dec 4, 2012 5:52 AM
The good stuff:
Dec 4, 2012 8:10 AM
21Interesting. And I vaguely remember running across that when looking up stuff about marrying while in the US on the VWP.
Dec 9, 2012 12:16 PM
22In truth, are you planning to get married and stay in the USA? Because if you are, you're supposed to get a fiancee visa.
I did not - I came to the USA as a tourist, my guy proposed, and a few days later we were married. Adjustment in status was a snap, and a stamp to allow me to work happened immediately.
On previous trips, I had explained that I was visiting my boyfriend, and got a lot of questions. Helped that I had an excellent job at home, return tickets, credit cards and all. My story held up because it was true.
In your case, Immigration doesn't really care if someone will vouch for your reputation. It isn't that they're concerned that you're not a good guy - it's that you're a guy who's going to overstay.
Dec 9, 2012 1:56 PM
23This might be a daft question, but could she visit you in the UK next time? Or could you meet in a third country? My now husband (American) and I (British) did the LDR thing for more years than I care to think about, and used to alternate trips - US, UK, somewhere else - so that we had a reasonable amount of time together, but didn't visit one country so often that it rang alarm bells about sneaky immigration.
Alternatively, if you do want to get married and move to the US, then get a fiance visa for the next trip over, as others have said.
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