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VWP for Immigration

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cinnamonuk1971
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VWP for Immigration

Post by cinnamonuk1971 » Mon Jul 23, 2007 10:52 am

Hello all... Can anyone help?

If i manage to get in to the U.S. on a visa waiver programme( i am a uk citizen) can i apply for immigration in the u.s. on the basis that my wife is american even though i entered on the vwp?

I heard that this is possible. I just want to be with my wife as opposed to applying from the UK and waiting 6 months. Finances are in order and i will wait to work before i get the relevant papers.

Thanks to all and sundry

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Post by Administrator » Mon Jul 23, 2007 5:06 pm

.

The difficulty is that the VWP is very specifically for non-immigration purposes. If you indicate you are married to an American and then try to come in under VWP, you can be stopped cold at the border.

VWP is reserved for temporary visits. Using it as a mechanism to bypass immigration procedure is nearly assured to get you A) stopped B) kicked out C) banned .. choose any or all. You'll likely end up with a black mark, a serious one.

Have some people in the past been lucky and got in that way? Yes.

What are the odds in todays environment? Pick a number between zero and the square root of negative pi.

The thing is, you are likely to have to declare any relationships. Meaning, you will have to tell if you are married or not & to whom. Both answers will cause their own ... circumstances.

Also, it shouldn't take all of six months, unless there are some other factors. Although, it is possible.

All that said,

US Visas for Spouses
http://workpermit.com/us/family_visas/spouse.htm

You can go the I-130 route or the K-3 route. If you go with a K-3, then you can change your status once in the U.S. (I-485) ... that's the simple version. I definitely left a few steps out of that summary.

Part of what this is all about is that the sponsoring spouse (your wife) must prove the ability to support the sponsored spouse. This is part of the checks and balances to prevent 3 million immigrants every year from bringing in 3 million more and trying to feed them on the welfare system.

The important thing to never forget, if you come in under VWP and then attempt to stay, it will get quite complicated fast, with chances of disastrous failure and attitude problems with USCIS running toward the high end.

Be careful, please.

the Admin

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