bocastephen

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?

Firebug4

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.

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

Again, visiting a girlfriend is perfectly legal. An officer can and in this case was merely checking to see if it met the terms of being a legal entry. Apparently made the determination that it was legal and admitted the subject.

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

Javan69

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.

B747-437B

I think GUWonder is playing semantics here. There is no requirement that a B visa be cancelled when a K visa is issued. If your petition for a K visa has been approved and the visa issued, you may still enter the USA on the B visa (for purposes consistent with B1/B2 status) prior to the actual entry using the K visa for the purpose of marriage.

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.

GUWonder

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.

B747-437B

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.

Firebug4

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

GUWonder

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.

El Cochinito

Precisely what happened with La Cochinita back in the INS days. We didn't intend to get married on her visit (B-1 visa) but we did. Subsequently I filed the paperwork for an adjustment of her status and application for residency. Other than waiting around the INS office for hours everything went off without a hitch.

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.

GUWonder

That's not an exception to the law. That is legally allowed.

Firebug4

Again, you are incorrect. You can't produce the citation because it doesn't exist. You avoid doing it because you can't. In order to adjust status from a non immigrant to an immigrant you have to be in legal status at the time of adjustment. If you entered the United States on a B visa or VWP program with the intent to marry and adjust status, you were inadmissible at entry. Hence, you would not be in legal status at time of adjustment. You would not be eligible to adjust status and would be removable. This assumes that you told the adjudicator the truth which most do not. They continue the lie that they told the CBP officer at entry. This is not the legal way to go about this process.

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

goaliemn

Nexus uses a completely different kiosk from GE. Nexus uses an iris scan, GE uses fingerprints. The Nexus card isn't used with the kiosk at all, but recently CBP has asked if I have the card with me, and ask to see it.

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.

N1Hawk

Yes I'm Canadian and white and not a foreign national. So get a TN visa? Does anyone have a link to the TN Visa Information page?

Firebug4

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

N1Hawk

If a TN Visa does not work for me Firebug, what's the next step? a Full out Visa?