Canadian Girlfriend got seriously hassled before entering US this time
#61
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This statement is not entirely correct. The K1 visa is for an alien fiancé to come to the US and marry the future spouse. The K2 visa is for the alien fiancé's Dependants such as children. The K3 and K4 visas came into being with the Life Act. They are for couples that generally have gotten married outside of the United States and have been in process for a extended period of time waiting for there I-130 to be completed and approved. This allows the couple to live in the United States while waiting for the I-130 to be approved instead of separating the couple.
This is NOT the same as someone entering the United States on a B visa or the Visa Waiver Program with the intention of getting married then adjusting status. ...
This is NOT the same as someone entering the United States on a B visa or the Visa Waiver Program with the intention of getting married then adjusting status. ...
I plan to move to the USA and marry my girlfriend who is a resident there. My girlfriend does not know much about immigration laws. She wants me to apply to get temporary status so I can work in the USA for at least 5-6 months before I can purpose to her to make sure I'm settled in. What kinda visa would I need to do the following? Is this something I should ask an immigration lawyer? Or can someone point me in the right direction?
Thanks
Thanks
Why not just apply for a K visa and work permit the right way?
Last edited by Kiwi Flyer; Aug 3, 2010 at 1:05 pm Reason: merge consecutive posts
#62
Join Date: Feb 2010
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The exception that is allowed to the law is as follows: You come to the United States on a B visa or the VWP for a 3 month vacation say. You meet someone and it is "love at first sight". You can't wait and get married. In this case you may adjust status. The important part is you did not intend to get married when you first entered the US. In this case, intent is everything.
I would again ask that you back up your claim with a section of law.
FB
If they were perfectly legal this thread wouldn't exist.
I was in the U.S. as a lawfully admitted non-immigrant for the purpose of studying in university (not an F-1, because Canadians don't get F-1 visas). While studying in school, I met and became engaged to a U.S. citizen. Two months before the date (and before I contacted an attorney to handle my application for a green card), a family emergency required me to go to Canada. After a week, I re-entered the U.S. on my student status with no problem.
You were indeed a F1 student. Canadians are not required to have the actual visa pasted in their passport (except in the cases of K's and E's and one other that escapes me right now) However, you are still afforded the F1 status. Just has a Canadian tourist does not need the B2 visa but is still afforded the B2 Status and for purposes of immigration law such as deportation is afforded all the rights of that visa status brings with it. There is no special status for Canadians. They use the same Visa statuses as everyone else. The only difference is that in most cases they don't have to obtain the physical visa to get placed in the passport.
I don't mean any offense at all but you don't know as much about US Immigration Law as you think you do and perhaps you were correct in obtaining an Immigration Lawyer for yourself.
FB
Last edited by Kiwi Flyer; Aug 3, 2010 at 1:05 pm Reason: merge consecutive posts
#63
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For several years I dated a Bulgarian girl. Occasionally I would fly her here (whether I'd meet her in Germany or the East Coast dep'd on various factors) and she never had any trouble getting into the U.S. She did have a 5 year visa due to some int'l art exchange program her mother was part of. In fact, one time she made it through SFO customs before I did. When I explained to La Migra why I went to Frankfurt for one night, I said to pick up my Bulgarian gf. He asked where she was. I scanned the entire visitor line before seeing that my then-sweetie was waiting for *me*. I pointed her out and La Migra wished me a good day.
#64
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No, that is not legal. You cannot enter the United States on B visa or the VWP with the intent of getting married and then adjusting status. If you believe this please post the section of law that allows immigrating to the United States on a B visa or the VWP. That said, does it happen? Yes quite frequently. The problem is intent is an elusive thing to prove.
Hence, "you can legally enter the USA on a B visa with the intent of getting married (on a subsequent entry using the K visa) and then adjusting status (from K1 to LPR)". Semantics.
#65
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No, persons can enter the US on a B visa or the VWP with the intent of getting married and then adjusting status. Persons entering the US with a B visa or under the VWP with the intent of getting married and then adjusting status is legally done quite routinely as DHS is anything but a perfect mind-reader and the legal process allows for adjustment of status of persons who do that. What I stated is not semantics, but an explanation of how the process works within the law more often than not for persons who enter the US on a B visa or the VWP with the intent of getting married and then adjusting status in the US after entering into a legitimate marriage.
#66
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If DHS has physical evidence of malafide intent or misrepresentation (eg. wedding invitations sent out prior to the date of entry as B1/B2 alien) they may not only deny the adjustment of status but also rule the alien to be out of status (with corresponding entry bar depending on circumstances). That would then require a waiver on humanitarian grounds to permit a subsequent LPR grant.
#67
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No, persons can enter the US on a B visa or the VWP with the intent of getting married and then adjusting status. Persons entering the US with a B visa or under the VWP with the intent of getting married and then adjusting status is legally done quite routinely as DHS is anything but a perfect mind-reader and the legal process allows for adjustment of status of persons who do that. What I stated is not semantics, but an explanation of how the process works within the law more often than not for persons who enter the US on a B visa or the VWP with the intent of getting married and then adjusting status in the US after entering into a legitimate marriage.
You tend to make a lot of vague claims but I have never seen you back any of those claims up with basis in the Immigration Law. The practice you are speaking of happens a lot. That does not mean that it is legal or the proper way to go about the task. If the subject is caught doing what you have outlined the subject risks creating a long delay to immigrating or not being able to immigrate at all.
FB
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Again, please quote the section of law that allows that. You will have trouble doing that because it does not exist. The subject may have entered on a B visa or VWP with the intent to get married and adjust status but the subject did not make that intent known to the officer. As I have said before this does happen frequently, however, it is not legal at all and the subject has broken the law. After the subject has been admitted the burden of proof shifts to the government to prove removability, and as I pointed out before intent is tricky to prove.
You tend to make a lot of vague claims but I have never seen you back any of those claims up with basis in the Immigration Law. The practice you are speaking of happens a lot. That does not mean that it is legal or the proper way to go about the task. If the subject is caught doing what you have outlined the subject risks creating a long delay to immigrating or not being able to immigrate at all.
FB
You tend to make a lot of vague claims but I have never seen you back any of those claims up with basis in the Immigration Law. The practice you are speaking of happens a lot. That does not mean that it is legal or the proper way to go about the task. If the subject is caught doing what you have outlined the subject risks creating a long delay to immigrating or not being able to immigrate at all.
FB
Don't expect me to spoon-feed on demand; I avoid doing that.
#69
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The exception that is allowed to the law is as follows: You come to the United States on a B visa or the VWP for a 3 month vacation say. You meet someone and it is "love at first sight". You can't wait and get married. In this case you may adjust status. The important part is you did not intend to get married when you first entered the US. In this case, intent is everything.
The forms and process are somewhat onerous but not any more so than a tax return in my opinion. I did both La Cochinita and her father-in-law's petitions without an attorney but I felt confident in doing so after a very careful reading of the instructions and relevant regulations. If you decide you need an attorney (which I would suggest for most folks as this is serious stuff), at least get the application forms and supplementary forms in advance so you know what supporting documentation is required (such as tax returns, birth certificates, marriage license, etc. etc.) and you can gather this supporting material before you even meet with the attorney.
#70
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The exception that is allowed to the law is as follows: You come to the United States on a B visa or the VWP for a 3 month vacation say. You meet someone and it is "love at first sight". You can't wait and get married. In this case you may adjust status. The important part is you did not intend to get married when you first entered the US. In this case, intent is everything.
#71
Join Date: Feb 2010
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Adjustment of status happens within the law, just as I mentioned. That CBP doesn't like it and is within its right to try to stop foreigners from entering the US doesn't change anything. CBP ultimately doesn't run the show.
Don't expect me to spoon-feed on demand; I avoid doing that.
Don't expect me to spoon-feed on demand; I avoid doing that.
You do people who read this forum a disservice by implying the practice you speak of is legal. It is not, in order for the practice you describe to work somewhere along the way the subject has to misrepresent a material fact to either CBP, CIS or both and when they do they risk complicating their lives considerably. Interesting, that you are willing to lead people down that path for no other apparent reason other than to instigate on an online forum.
FB
#72
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II'm pretty sure GE kiosks do not accept NEXUS cards, but a U.S. citizen or LPR with NEXUS can trivially get GE via the online GOES system. Conversely, I'm pretty sure NEXUS kiosks in Canada for pre-clearance to U.S. destinations do not accept GE, i.e. they require a NEXUS card. I'd love to be wrong.
I have both. I originally had Nexus, then applied for GE on GOES. I was immediately approved and since I had provided fingerprints when I had my Nexus interview, it worked right away. I did stop by customs in ATL and they put a CBP sticker in my passport to use if the GE kiosks weren't working.
#73
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Thanks for clarifying, I was incorrect about getting a different type of K visa while inside the US, but I think we agree the inspector is trying to detect an intent to adjust status while in the US - although I'd think this is a fairly low-risk thing to be worried about when dealing with Canadian boyfriends/girlfriends who live within a reasonable commute to the their American love interest.
As pointed out already, you're playing with fire - but what is your currently nationality? Canadian? If Canadian you can get a TN visa if you qualify, but if you're a foreign national, you would need to go the H visa route, which is far more complicated.
Why not just apply for a K visa and work permit the right way?
As pointed out already, you're playing with fire - but what is your currently nationality? Canadian? If Canadian you can get a TN visa if you qualify, but if you're a foreign national, you would need to go the H visa route, which is far more complicated.
Why not just apply for a K visa and work permit the right way?
#74
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http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD
Hope that helps. The list of professions that qualify is much larger than the small sampling in that general description.
FB
#75
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A TN Visa is an employement based non-immigrant visa. They are limited to certain types of employement. What you do or can do for a living would matter.
http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD
Hope that helps. The list of professions that qualify is much larger than the small sampling in that general description.
FB
http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD
Hope that helps. The list of professions that qualify is much larger than the small sampling in that general description.
FB
If a TN Visa does not work for me Firebug, what's the next step? a Full out Visa?