Question:
Is it possible to visit the USA
on a 90 day visa waiver & stay past
the 90 days if one wishes to apply
for the fiance visa?
Answer:
......if you overstay and marry
and file AOS, that is doable. It's
quite common for folk to enter on
tourist visa, get married, and apply
for AOS - Adjustment of Status.
There is one large trap of which
you need to be aware - entering
the country with "intent" to marry
rather than a "spur of the moment"
marriage. Intent to marry on entry
could be construed as immigration
fraud. There is a lot of info available
to study before you decide how to
proceed. www.txdirect.net/users/mike38/k1faq.htm
and http://k1.exit.com/ are two
good web sites, and I'm sure others
will provide more.
Not at all.
That is not what a "Fiancee" Visa
is for. What you are talking about
is coming over as a tourist, overstaying
your Waiver time, marrying and applying
for adjustment of status as a spouse
of a US Citizen. The Fiancee Visa
as you mentioned it is designed
specifically for those OUTSIDE of
the US who wish to apply to come
over to the US for the reason of
marrying and residing. Also, if
you are coming into the USA at a
Port of Entry on the Visa Waiver
Program with the intentions to marry
- that is deemed illegal - as that
displays immigrant intent. The Waiver
scheme is meant for use by genuine
tourists only who are returning
after their holiday to their home
country.
Be careful
how you represent yourself......
INS decides who gets to immigrate
into the US. There are many families
that are kept apart by immigration
laws in the US and other parts of
the world. The part you seem to
be missing is that overstaying a
visa is a crime. So, if you don't
want to be treated like a criminal,
don't commit the crime. I am not
saying that you are going to be
treated like one, but I can't see
why people break laws and then complain
about the penalty. If you want to
come to the US, get married, and
stay, then get a fiance visa. Adjustment
of status is for people that decide
to get married after they are in
the US.
Yes, I know
it is used by others, because INS
can't read minds. But, there are
risks involved in doing so. If you
overstay more than a year, you can
be banned for 10 years. If you commit
fraud, you can be banned for life.
By the way, if you file for adjustment
of status before your visa or waiver
time is up, you are not overstaying.
AOS application stops the overstay
clock.
