I've received conflicting advice from consultation with two different attorneys, so I'd like to turn my case over to this community for some additional brain power.
My girlfriend is here on a visitor visa under the visa waiver program from Sweden. She was previously here on a F1 student visa when we began dating. Our intent is to marry and to reside in the states. She was interrogated for several hours by ICE upon entering the country as she stated that she was visiting her boyfriend and had resided here for a year previously. They eventually granted a non-imigrant visitor visa under VWP after we both confirmed that our intent was not to marry (it wasn't at the time, she was applying at different schools in an attempt at another F1). She was told that she would not be readmitted under VWP and that she would not be able to apply for a change of status during her stay; rather she would have to return to Sweden. The question is this: is it advisable to attempt to apply for an adjustment of status despite the instructions of the ICE officer? We can most certainly prove that our relationship and pending marriage is legitimate, but my concern is the report by the officer at port of entry would put us in jeopardy of being accused of visa fraud and potential deportation. I do not want to wait the 8 months apart applying for a K visa will bring, but also do not want to ruffle the feathers of the USCIS.
The advice I received from the first attorney is that anything ICE says is not enforceable and that since the truth in our situation is that we had no intention to marry at the time of her entry to the country there should be no problem when going through the I130 and I485 process. The second attorney told me that a flag has be placed on her in the USCIS databases which would cause enough potential complications that leaving the country and re-entering on a K visa was advisable.
Has anyone here had a similair experience?
My girlfriend is here on a visitor visa under the visa waiver program from Sweden. She was previously here on a F1 student visa when we began dating. Our intent is to marry and to reside in the states. She was interrogated for several hours by ICE upon entering the country as she stated that she was visiting her boyfriend and had resided here for a year previously. They eventually granted a non-imigrant visitor visa under VWP after we both confirmed that our intent was not to marry (it wasn't at the time, she was applying at different schools in an attempt at another F1). She was told that she would not be readmitted under VWP and that she would not be able to apply for a change of status during her stay; rather she would have to return to Sweden. The question is this: is it advisable to attempt to apply for an adjustment of status despite the instructions of the ICE officer? We can most certainly prove that our relationship and pending marriage is legitimate, but my concern is the report by the officer at port of entry would put us in jeopardy of being accused of visa fraud and potential deportation. I do not want to wait the 8 months apart applying for a K visa will bring, but also do not want to ruffle the feathers of the USCIS.
The advice I received from the first attorney is that anything ICE says is not enforceable and that since the truth in our situation is that we had no intention to marry at the time of her entry to the country there should be no problem when going through the I130 and I485 process. The second attorney told me that a flag has be placed on her in the USCIS databases which would cause enough potential complications that leaving the country and re-entering on a K visa was advisable.
Has anyone here had a similair experience?
