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180 days. For the Visa Waiver Program it is 90 days. Remember I even talked about the VWP in a context where someone that marries a U.S. citizen should do it within the second month of their stay?
Too early (first month) it looks like preconceived immigrant intent. Too late (third month) it looks like it is a marriage to avoid going home (and leaves less time to do an Adjustment of Status). Got to hit that Goldilocks moment.
So if you don't believe in something it doesn't exist? Amazingly a Fiance(e) Visa processes more quickly than an I-130 for an established marriage. Immigration can really produce some illogical scenarios.
Informally USCIS takes the tact that it is better to overstay, and process within the United States (the Foreign National was "inspected" when they went through the Port of Entry, so they are allowed to adjust status here) rather than starting over by exiting the country. If you faced something like my timeline (we had paperwork in while engaged, and it was still 26 months after we married for my wife to gain Legal Permanent Resident status) what would you choose? Getting an Immigrant Visa is a bundle of trouble compared to Adjustment of Status within the United States, I had both of my Senator's staff involved at different times for the immigration of my family.
Which is more egregious to you, a visa overstay in a case like this, or misrepresentation under the Visa Waiver Program, misused to avoid petitioning and immigration fees? Fine, let's go after overstay cases. Why won't we also consider doing an audit on the Visa Waiver Program?
180 days. For the Visa Waiver Program it is 90 days. Remember I even talked about the VWP in a context where someone that marries a U.S. citizen should do it within the second month of their stay?
Too early (first month) it looks like preconceived immigrant intent. Too late (third month) it looks like it is a marriage to avoid going home (and leaves less time to do an Adjustment of Status). Got to hit that Goldilocks moment.
So if you don't believe in something it doesn't exist? Amazingly a Fiance(e) Visa processes more quickly than an I-130 for an established marriage. Immigration can really produce some illogical scenarios.
Informally USCIS takes the tact that it is better to overstay, and process within the United States (the Foreign National was "inspected" when they went through the Port of Entry, so they are allowed to adjust status here) rather than starting over by exiting the country. If you faced something like my timeline (we had paperwork in while engaged, and it was still 26 months after we married for my wife to gain Legal Permanent Resident status) what would you choose? Getting an Immigrant Visa is a bundle of trouble compared to Adjustment of Status within the United States, I had both of my Senator's staff involved at different times for the immigration of my family.
Which is more egregious to you, a visa overstay in a case like this, or misrepresentation under the Visa Waiver Program, misused to avoid petitioning and immigration fees? Fine, let's go after overstay cases. Why won't we also consider doing an audit on the Visa Waiver Program?
There isn't a post here about that...
You still would be subjected to your visa term. regardless of what happens.
What about a scenario where someone on a Tourist Visa had no original immigrant intent, but started a relationship and married a U.S. citizen during that time here?...
How do they do an Adjustment of Status?...
It would be more worthwhile to audit the Visa Waiver Program, and deport those that fraudulently misuse it to enter the United States while being ineligible for it or a Tourist Visa at all...
What about it? They come forward to mediate the situation or an arrest warrant is issued. If it can't be resolved they leave.
180 days. For the Visa Waiver Program it is 90 days. Remember I even talked about the VWP in a context where someone that marries a U.S. citizen should do it within the second month of their stay?
Too early (first month) it looks like preconceived immigrant intent. Too late (third month) it looks like it is a marriage to avoid going home (and leaves less time to do an Adjustment of Status). Got to hit that Goldilocks moment.
So if you don't believe in something it doesn't exist? Amazingly a Fiance(e) Visa processes more quickly than an I-130 for an established marriage. Immigration can really produce some illogical scenarios.
Informally USCIS takes the tact that it is better to overstay, and process within the United States (the Foreign National was "inspected" when they went through the Port of Entry, so they are allowed to adjust status here) rather than starting over by exiting the country. If you faced something like my timeline (we had paperwork in while engaged, and it was still 26 months after we married for my wife to gain Legal Permanent Resident status) what would you choose? Getting an Immigrant Visa is a bundle of trouble compared to Adjustment of Status within the United States, I had both of my Senator's staff involved at different times for the immigration of my family.
Which is more egregious to you, a visa overstay in a case like this, or misrepresentation under the Visa Waiver Program, misused to avoid petitioning and immigration fees? Fine, let's go after overstay cases. Why won't we also consider doing an audit on the Visa Waiver Program?
There isn't a post here about that...
If it is true that someone can come in on a tourist visa, marry a U.S. citizen and be allowed to adjust their status here then I am totally opposed to that.
If it is true that someone can come in on a tourist visa, marry a U.S. citizen and be allowed to adjust their status here then I am totally opposed to that.
If it is true that someone can come in on a tourist visa, marry a U.S. citizen and be allowed to adjust their status here then I am totally opposed to that.
Even if it is fully legitimate? By convention does that mean you are opposed to someone doing the same thing under the Visa Waiver Program with half that time? Should Foreign National spouses of U.S. citizens be allowed to use a Tourist Visa or the VWP to enter the United States?
Quote:
Originally Posted by All American NYC
I agree.
They already have the I-129 fiance visa.
But under the Visa Waiver Program that petition and fee are skirted. They have to do nothing more than hopping on a plane (or entering through Canada) and hide their immigrant intent. I have brought it up on the thread, is there a reason it isn't being mentioned back?
Even if it is fully legitimate? By convention does that mean you are opposed to someone doing the same thing under the Visa Waiver Program with half that time? Should Foreign National spouses of U.S. citizens be allowed to use a Tourist Visa or the VWP to enter the United States?
But under the Visa Waiver Program that petition and fee are skirted. They have to do nothing more than hopping on a plane (or entering through Canada) and hide their immigrant intent. I have brought it up on the thread, is there a reason it isn't being mentioned back?
IMO, everyone should have to have a visa or some other type of legal documents to enter our country.....no waivers. IMO, no one should be able to stay here on a tourist visa more than 60 days. Everyone should leave when their visas expire regardless if they have married a U.S. citizen or not. No one should be allowed to stay here and "adjust" their status on any type of visa. They should return home and apply from there.
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