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  • Visa Waiver Program

    Would appreciate experiences anyone has encountered or knowledge.....

    1. The "book" states that persons entering the country on the Visa Waiver Program are UNABLE to change status or extend status whilst in the USA. So for the synics amongst us no names mentioned yes I know what UNABLE means.
    2. If someone gets married and remains in the country and then "attempts" to change status, I130, I485, how is this looked at. Is it flat out denied, is it frowned upon, is it acceptable as long as person is not out of status?
    3. If the visa is denied because of the VWP status, is it possible to submit a waiver?
    4. Someone please explain the term Waiver to me.
    5. thanks. : )

  • #2
    Would appreciate experiences anyone has encountered or knowledge.....

    1. The "book" states that persons entering the country on the Visa Waiver Program are UNABLE to change status or extend status whilst in the USA. So for the synics amongst us no names mentioned yes I know what UNABLE means.
    2. If someone gets married and remains in the country and then "attempts" to change status, I130, I485, how is this looked at. Is it flat out denied, is it frowned upon, is it acceptable as long as person is not out of status?
    3. If the visa is denied because of the VWP status, is it possible to submit a waiver?
    4. Someone please explain the term Waiver to me.
    5. thanks. : )

    Comment


    • #3
      1. What book? Wrong anyway.

      2. Quite common. You can not use the VWP if you have immigrant intent.

      3. No waiver available for VWP entrant.

      4. 90 day version of the B with a few add ons.

      Comment


      • #4
        1. True. Use your 90 days and depart.

        2. Individuals entering under the visa waiver program are ineligible to "change or extend" status; however, one does not "change" status with an I-485, Application To Register Permanent Residence or Adjust Status, one "adjusts" status to Lawful Permanent Resident. In this case, there is no conflict with VWP and AOS. AOS for nonimmigrants is frowned on, and your intent when you came to the US will be examined (see 3. below.) If you have legal entry, status is (generally) irrelevant when you apply for adjustment through marriage to a USC.

        3. Won't happen, but you could get denied on other grounds, e.g. INA §212(a)(6)(C)- misrepresentation. Tourists should visit and go home. If your intent is to get married, you should enter w/ a K1 visa. There is a waiver for most things. (I-601 for misrepresentation)

        4. Waiver /ˈweɪ vər/ n. A dispensation, as from a rule or penalty. The law says that nonimmigrants who are not in possession of a valid nonimmigrant visa are inadmissible, but the visa waiver allows admission w/o a visa.

        5. You're welcome.

        Comment


        • #5
          the only change or adjustment of status allowed on the VWP is if the lying $hitbag from one of the visa waiver countries lies to our immigration folks (upon arrival) and then marries a village idiot (American)....sad to say, but it is true. Nothing else qualifies.

          Comment


          • #6
            I really appreciate the time u both took explaining that to me.... they say that overstay thru marriage is forgiven??? could that be the case here???
            thanks.

            Comment


            • #7
              someone I have been reading a lot of ur threads and something is disturbing me... America must have a darn lot of "village married idiots"... Says a lot for the education system. ..

              Comment


              • #8
                All I can say (if it's still helpful) that YES you CAN ask for waiver. And until you don't get any results back, you're still not "overstayed" since your application is/was spending. My friend asked for removal of waiver, so he could change his J1 status, and he got it approved, and didn't have to go home to his homecountry for two year serve, but just do AOS. But of course, this was back around 2002, so I'm not sure how this works currently. Good luck!
                Ability may get you to the top, but it takes character to keep you there.

                Comment


                • #9
                  I have to say that the VWP is great in its concept but seriously flawed in its administration and because of some stupid rules and regulations, it is used more and more by people who intend to immigrate to this country

                  Comment

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