I am recently engaged to a Venezuelan woman who came to the US about a year ago on a Swiss Passport using the VWP. She was born and lived in Venezuela, but her passport had expired and it was easier to use her Swiss one then apply and get a new one. (Her former husband was swiss so she had dual citizenship). She has gone in and out of the country 4 times, generally leaving for about 2 weeks, once only for 1 day in Mexico, and then returning for most of the 90 days allowed.
Her last entry was 7/29/07. She then left the USA for surgery in Venezuela 9/18 spent three weeks there and met me in Costa Rica for a week vacation.(I have a second home there). Upon our return 10/8 she was refused entry and sent back to Costa Rica the next AM after a 2 hour interrogation, and a night in detention cell. Note that she was still within the 90 day time frame of the last entry, but I've now come to understand that is really irrelevant (I understand also that this denial of entry is all at the discretion of the Immigration official she comes up against, as she broke no law.)
A related problem is that her 14yo son entered the US in August also on the VWP, and four weeks later started boarding school in NY. ( At the time of entry he had not yet been accepted so he couldn't get an F1 visa. His mom did NOT know at the time that a B2 could be converted to an F1, but a Visa waiver could not. When shei was denied entry, the son's situation came to light as she had his Swiss passport with her. She immediately became worried that the INS would go after him, and decided to try and change his status immediately. ( also, there were only about 20 days left on the visa waiver, so it was something that would have had to be done anyway).
To change status he has had to leave the country, flying to Costa Rica to meet his mom who was sent back there. She has applied for her new VZ passport which is being expedited. Now, they are both applying for Venezuelan visas, she for a B2 and he for an F1. In their respective defenses, she will say that she was not intending to"cycle" and that there is no law or rule on how many times you can come in and out with a VWP, and there is no law that she broke. And for the son she will plead ignorance of the fact that a Visa Waiver cannot change status, hoping that the consulate will not make the boy leave the school and the country in the middle of the term.
She is asking for Visa consideration in part because her son's parent weekend at school is next week. She is thinking of asking only for a 2 week visa in an effort to convince authorities she has no plans to stay.( although she and I want to marry). I am concerned that this short-term request could backfire regarding the "intent" concerns at the marriage interview.
Questions: What are our best options for marriage? Option1 is for us to get married as soon as she sets foot on American soil again, and apply for our interview. Here I understand there is a risk in that she could be accused of fraudulent intent TWICE, once with the VWP, and once with the B2, and that this could jeopardize the green card process and she could be turned down at the marriage interview.and never get a green card. Option2 is for her to come in and stay for 2 weeks, leave back to VZ or Costa Rica, and apply for a fiancee visa with its 9-12 month wait.( clearly not a desirable state of affairs). Option 3 is for us to get married in Costa Rica and apply for an Immigrant Visa but i understand this is longer than the fiancee visa.
At this point we are in need of expert advice on how to handle the two visa interviews at the us consulate in Costa Rica. The boy is on Tuesday, she is on Wed next week. Clearly the son entered the US in the wrong way, and then started school which is a no-no on a Visa Waiver, but this was through ignorance not intent as he could just as easily have used his VZ passport and come in on a B2, to convert upon admission. ALso, if she gets her visa, what do we do then? Have her stay and get married? Have her leave and apply for a fiancee visa? Something else?
Many thanks
Her last entry was 7/29/07. She then left the USA for surgery in Venezuela 9/18 spent three weeks there and met me in Costa Rica for a week vacation.(I have a second home there). Upon our return 10/8 she was refused entry and sent back to Costa Rica the next AM after a 2 hour interrogation, and a night in detention cell. Note that she was still within the 90 day time frame of the last entry, but I've now come to understand that is really irrelevant (I understand also that this denial of entry is all at the discretion of the Immigration official she comes up against, as she broke no law.)
A related problem is that her 14yo son entered the US in August also on the VWP, and four weeks later started boarding school in NY. ( At the time of entry he had not yet been accepted so he couldn't get an F1 visa. His mom did NOT know at the time that a B2 could be converted to an F1, but a Visa waiver could not. When shei was denied entry, the son's situation came to light as she had his Swiss passport with her. She immediately became worried that the INS would go after him, and decided to try and change his status immediately. ( also, there were only about 20 days left on the visa waiver, so it was something that would have had to be done anyway).
To change status he has had to leave the country, flying to Costa Rica to meet his mom who was sent back there. She has applied for her new VZ passport which is being expedited. Now, they are both applying for Venezuelan visas, she for a B2 and he for an F1. In their respective defenses, she will say that she was not intending to"cycle" and that there is no law or rule on how many times you can come in and out with a VWP, and there is no law that she broke. And for the son she will plead ignorance of the fact that a Visa Waiver cannot change status, hoping that the consulate will not make the boy leave the school and the country in the middle of the term.
She is asking for Visa consideration in part because her son's parent weekend at school is next week. She is thinking of asking only for a 2 week visa in an effort to convince authorities she has no plans to stay.( although she and I want to marry). I am concerned that this short-term request could backfire regarding the "intent" concerns at the marriage interview.
Questions: What are our best options for marriage? Option1 is for us to get married as soon as she sets foot on American soil again, and apply for our interview. Here I understand there is a risk in that she could be accused of fraudulent intent TWICE, once with the VWP, and once with the B2, and that this could jeopardize the green card process and she could be turned down at the marriage interview.and never get a green card. Option2 is for her to come in and stay for 2 weeks, leave back to VZ or Costa Rica, and apply for a fiancee visa with its 9-12 month wait.( clearly not a desirable state of affairs). Option 3 is for us to get married in Costa Rica and apply for an Immigrant Visa but i understand this is longer than the fiancee visa.
At this point we are in need of expert advice on how to handle the two visa interviews at the us consulate in Costa Rica. The boy is on Tuesday, she is on Wed next week. Clearly the son entered the US in the wrong way, and then started school which is a no-no on a Visa Waiver, but this was through ignorance not intent as he could just as easily have used his VZ passport and come in on a B2, to convert upon admission. ALso, if she gets her visa, what do we do then? Have her stay and get married? Have her leave and apply for a fiancee visa? Something else?
Many thanks