Firebug4

Of course you also ignore the evidence of your being incorrect when it is right in front of you. The following is directly from the USCIS publication the link to which I provided earlier and will gladly provide again because the formating is pretty bad when cut and pasted. I started at the first paragraph of the second page. It is what is pertain ant to this discussion. The first paragraph clearly illustrates the illegality of using a tourist visa or VWP when entering the United States with the intention of marrying and adjusting status. The second paragraph illustrates the procedure GUWonder is advocating is legal to use under these circumstances. Even here the agency stresses that if the alien is in the United States and entered unlawfully (which is what lying about your intention to marry and adjust status while entering on a B visa or VWP would be) will adversely effect your ability to adjust status.

Of course it won't matter because GUWonder will brush it off as not relevant and wrong because GUWonder didn't post it and GUWonder doesn't agree and it must come from your prejudice etc etc blah blah blah. He won't address the facts that come directly from the law, agencies policies and the agencies own publications. He won't tell you where his expertise and knowledge comes from. He knows best after all he is well GUWonder. Though I don't think I would want him representing me in an Immigration matter.

FB


http://www.uscis.gov/USCIS/New%20Str...uides/A2en.pdf

What if my fiancé(e) uses a different kind of visa, or enters
as a visitor without visa, to come here so we can marry?
There could be serious problems for your fiancé(e) if he or she enters the United States on another visa with the intention of marrying and residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years.

What if my fiancé(e) is already in the United States in
another status and we decide to marry now?
If your fiancé(e) is in the United States and entered using a visa other than a fiancé(e) visa, and you marry, then you may file an I-130 relative petition for him or her as your spouse. He or she may be able to file Form I-485 along with your petition. For more information about the I-130 relative petition, please see customer guide A1.
If your fiancé(e) is in the United States and entered unlawfully, in most cases he or she will not be able to adjust status to that of a permanent resident while in the United States. In this situation, once you marry, you may file an I-130 relative petition for him or her as your spouse. If approved, he or she will have to pursue an immigrant visa at a U.S. Embassy or consulate overseas.

What if we are engaged but have not yet decided to
marry?
The fiancé(e) visa is a temporary visa that simply permits your fiancé(e) to enter the United States so that the two of you can marry in the United States within the 90 days permitted from the date of entry. It is not a way for you to bring a person here so you can get to know one another, or spend more time together to decide whether or not you want to marry.
What happens if we do not marry within 90 days?
Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she would violate U.S. immigration law. This could affect future eligibility for U.S. immigration benefits.
We want to make plans for our wedding. How long will
this process take?
Each case is different. Please check our website for our current processing times for the I-129F petition. We process fiancé(e) petitions in the order we receive them. Once we complete our processing, your approved petition is then forwarded to the National Visa Center (NVC). The NVC will then send the petition to the U.S. Embassy or consulate, which will need time to process your fiancé(e) for a visa.
Key Information
Key USCIS forms referenced in this guide
Form #
Petition for Alien Relative
I-130
Petition for Alien Fiancé(e)
I-129F
Application to Register Permanent Residence or to Adjust Status
I-485
Application for Employment Authorization
I-765
USCIS
• On the Internet at: www.uscis.gov
For more copies of this guide, or information about other citizenship and immigration services, please visit our website. You can also download forms, e-file some applications, check the status of an application, and more. It’s a great place to start!
If you don’t have Internet access at home or work, try your local library. If you cannot find what you need, please call Customer Service.
•
Customer Service: 1-800-375-5283
•
Hearing Impaired TDD Customer Service: 1-800-767-1833
Other U.S. Government Services–Click or Call
General Information
www.usagov.gov
1-800-333-4636
New Immigrants
www.welcometoUSA.gov
U.S. Dept. of State
www.state.gov
1-202-647-6575
Disclaimer:
This guide provides basic information to help you become generally familiar with our rules and procedures. For more information, or the law and regulations, please visit our website. Immigration law can be complex, and it is impossible to describe every aspect of every process. You may wish to be represented by a licensed attorney or by a nonprofit agency accredited by the Board of Immigration Appeals.
A2—I Am a U.S. Citizen…How Do I…Help My Fiancé(e) Become a U.S. Permanent Resident?
M-564 (August 2008)
2

GUWonder

No, there is no evidence of what I posted earlier being incorrect, but to understand that, one must be able to read properly what I posted and do so without prejudice -- and understandably that isn't everyone's strong suit.

Clearly it includes the word may for a reason.

Let's get real, you are not the author of my words and your claim about what you purport I am advocating is just an unsupported claim, rooted in the failures of the sort I mentioned in my most recent post prior to this one.

I certainly know that your post above doesn't represent me or what I posted here, but go ahead and claim whatever you wish (as you've already done that repeatedly in this thread).

I'm sure your last sentence -- unlike most of the rest posted above -- is true, however well- or poorly-thought out the emotional jump reflected in your words posted above.

Foreigners who enter the US under the VWP or on B visas with the intention of getting married in the US can and do legally get their immigration status adjusted while in the US after entering into a legitimate marriage with a US citizen. Certainly not all such foreigners get their immigration status adjusted favorably, but almost certainly most do if well-informed. CBP is within its right to try to stop/minimize the frequency of that happening, but intent is such a wishy-washy thing that it works out in favor of abusive CBP agents and well-informed foreigners who are aware of how immigration status can and does get legally changed in the US.

N1Hawk

She was born in the USA. Makes her a U.S. Citizen?

tom911

Maybe a simple NO would have been a better answer to my question about if you had posted somewhere about where your expertise was gathered.

GUWonder

Your idea of "maybe a simple NO would have been a better answer" is inapplicable.

Unless having engaged in a limited set of actions or having been born under a limited set of conditions (such as being born in the US to then-A-visa holding parents), ordinarily, yes.

tom911

O.K.

usa18dca

I find this to be odd...quite the opposite in my experience however one was entering Belgium...I was with a former US Airways co-worker two years ago entering and their CBP asked her if I was her boyfriend...she replied back in dutch that I was and the guy types some information in...stamps my passport...and ever since I've always been asked entering Belgium "How's the girlfriend, have you married yet" with a chuckle =)

Gotta love these Belgians!

mre5765

On my case, intent was trivial to prove, as the wedding date was set, and my future in-laws had booked space for the reception. Based on what my attorney told me, GUwonder is wrong, and FB is right. Even though in my case, the crime was inadvertent.

That's not an exception to the law, since as you meant to say, the visitor did not intend to immigrate (get married ... you've claimed that one get can come to the U.S. to get married to an American on a non-immigrant status ... though I put the odds of such a person actually getting past most of your colleagues in normal time as below 50%) to the U.S.

That might have something to do with the fact that in those days, Canadians entering the U.S. from Canada by any method were not required to have passports: no passport, no place to affix a visa to. At any rate, after leaving and re-entering the U.S. over a period of 4 years and presenting I-20s, an INS officer in YYC, finally gave me a yellow card to obviate the need for my school to fill in I-20s. No where did it say "F-1" on it. It was however a necessary document for adjusting my status to LPR.

Fair enough.

I see. So Canadians are in the VWP, and have to apply for ESTA each time they travel to the USA. And Canadians are routinely fingerprinted and photographed at passport control.
Given your mis-characterization of the "exception" to the law above, I think it is fair to say you don't know as much about U.S. Immigration Law as you think you do.

I freely admit that I find immigration law to be arcane, and it becomes more arcane each time I renew my green card. You might want to afford yourself of expertise from an Immigration Lawyer as well.

Welll clearly they "can" do that, since that's pretty much what happened to me (substitute B/VWP for F-1). But it wasn't legal when I did it, and it was only due to the discretion of the INS officer who interviewed me for my change of status that I was not punished for it. It "might" work, or it "might not".

Your implicit advice to others who have been in my situation to chance it is ill advised. I agree with FB: provide a citation.

polonius

I believe the "intent" in the circumstance referred to GUW was about entering on a visa other than a "K" visa when the traveller has the "intent" to get married and immigrate. The burden of proof that a traveller is NOT planning to get married and remain is NOT on the traveller.

Even if someone did arrive in the US on a tourist visa, and then subsequently got married and applied for a change in status, if the USCIS wanted to deny permission and prosecute for fraud, the burden of proof would fall entirely on the government to demonstrate that the individual had intent to immigrate from the start and that their tourist visa application amounted to misrepresentation and perjury.

Ari

For now . . . some people want to change that.

That is not my understanding of the law . . .

That's why they try to catch this stuff at the border-- if it is caught later the burden is on the government to prove intent and not the other way around. I'm under the impression that USCIS does not care so long as they don't want to use this as a pretext to muddy the waters on an application and so long is it isn't offensive and wanton abuse (like working here, for example).

lin821

It depends.

Assuming your GF is a grown woman, is there any exception to birthright citizenship applicable to her?

Get a lawyer, if you have any doubt/concern about your/her legal standing and how to proceed.

Firebug4

No, it had nothing to do with Canadians not having to have a passport to enter the United States by any method because that statement itself is incorrect. Canadians were required to present passports when arriving to the United States from the Eastern hemisphere just as US Citizens were required to do the same. The Canadian passport exemption was covered in 8 CFR part 212.1. This of course has since changed with the Western Hemisphere Travel Initiative.

Canadians are NOT in the VWP and they do NOT have to apply for ESTA. The Visa exception is currently covered in 8 CFR Part 212.1 and includes all visa types except E,K,S, or V type visas. Those types of Visa's do have to be in the Canadian passport.

FB

GUWonder

While have no doubt that what you conclude above is based on what your lawyer told you, I also have no doubt that your conclusion above is also based on a failure to understand what I posted and a failure of familiarity with how the legal adjustment is possible in more than one way for US citizen's opposite sex significant other once that significant other is already in the US.

essxjay

Folks, this thread isn't about having babies in the US for the purpose of establishing citizenship. Please stick to the original topic of Canadian girlfriend hassled at U.S. border. Thanks.

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essxjay
TS/S moderator

AtariBaby

And a huge thank you from me for all this advice, from all sides, both in immediate steps to take and in long range thinking.