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Filed: AOS (apr) Country: Japan
Timeline
Posted

I should add that just because we were able to do it with no problems does not mean it will be the same with your case. My spouse & I had a 13 year + History that we could document.

we only started dated when she entered on a VWP but we did have documented history together.

The best advice you take to be suire you wont run a chance of being denied AOS is to o consult an immigration attorney.

My advice and that of others is from experience.

USCIS laws do state that if entering under VWP with intention to immigrate is considered Visa Fraud however the USCIS has the burden of proving your intentions were other wise, the same goes with your applying AOS you have the burden of proof and establsihing the relationship is bona fida legit.

As I mentioned previously start the process and begin documenting & establishing evidence.

  • Sign up for Joint bank Account
  • Put your Spouses name on at least one of your utility bills or cell phone bill
  • move into together and put both names on lease.
  • Add your spouses name to vehicle registration/ insurance
  • When you go to file taxes this year File jointly include your Uk spouse on Your tax return ( IRS can Issue him an ITIN # for tax purposes)
All the above show co-mingling of finances and lives. Keep in mind none of the Joint accounts has to be permanant it will help solidify your relationship.

The best advice you take to be suire you wont run a chance of being denied AOS is to consult an immigration attorney.

gewelcome-vi.gif

3dflagsdotcom_japan_2faws-vi.gif

IMPORTANT NOTICE:Like you all, I am not an attorney ; I am a layperson (I have laid a lot of persons ) My advice is based on Experience obtained by filing ourselves

AOS met in Japan 1994 married 10/2004

DO:Los Angeles,Ca.

6/17/06 Forms Sent (I-130, I-485, and I-765)

6/19/06 RD I-130,I-485, I-765

6/26/06 NOA rcvd

7/15/06 Biometrics complete Day 22

8/4/06 Interview Notice Rcvd Day 42

9/9/06 EAD Card Received :)Day 78

9/13/06 SS Card Received :)Day 82

9/27/06 AOS Interview Los Angeles APPROVED LPR Day 96

12/04/06 Welcome To the United States Letter received

12/08/06 Green Card Received- expires 12/2016

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Filed: K-1 Visa Country: Egypt
Timeline
Posted

My understanding is that when someone enters the US on a VWP they are NOT eligible to change status....what are they changing the status of? They were NOT here on a visa to change the status of. One site states this in no uncertain terms...while it is from Vienna, it still applies to the VWP in general....

http://www.usembassy.at/en/embassy/cons/waiver.htm

Note it says specifically:

VISA WAIVER PILOT PROGRAM

The visa waiver program (VWPP) enables citizens of participating countries to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa. Visitors applying for entry under this program are allowed to remain for a maximum of 90 days - no extensions are granted. Visitors who enter without a visa cannot change status. Travelers coming under the VWPP cannot work or study. If you plan to stay for more than 90 days, study or work, you MUST obtain a visa before traveling. Failure to do so could result in your being detained at the port of entry and returned to Austria on the first available flight. Please see additional requirements below.

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Another resource is:

http://en.wikipedia.org/wiki/Visa_Waiver_Program

[edit] Visa waiver program restrictions

A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). Additionally, a person who entered the U.S. under the VWP may not request a change of immigration status while in the U.S. (e.g. one is unable to change status from say a tourist to a student). Moreover, if one seeks to enter the U.S and is denied at a port of entry, no path of appealing the denial of entry is allowed.

Travellers can leave to Mexico and other countries, but will not be granted another 90 days after reentry in the US [14].

As I said...I'd not take the chance. There is a baby involved...if this man overstays his visa he can end up with a ban to ever re-enter the USA. I've heard of many cases where if a person applies thinking they are eligible for AOS...but later are denied...due to ineligibility to file to begin with...they then are guilty of overstaying in this country..a VWP visit is good for up to 90 days..anything over..is an overstay and subject to deportation and a ban from the USA for 3-10 years or permenantly. With a baby on the way...I'd not take the chance. One is ONLY eligible to change status for ANY reason if they are here WITH a valid VISA to begin with. VWP participants are NOT here with a visa...therefore NOT eligible to change status.

Posted
Another resource is:

http://en.wikipedia.org/wiki/Visa_Waiver_Program

[edit] Visa waiver program restrictions

A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). Additionally, a person who entered the U.S. under the VWP may not request a change of immigration status while in the U.S. (e.g. one is unable to change status from say a tourist to a student). Moreover, if one seeks to enter the U.S and is denied at a port of entry, no path of appealing the denial of entry is allowed.

Travellers can leave to Mexico and other countries, but will not be granted another 90 days after reentry in the US [14].

As I said...I'd not take the chance. There is a baby involved...if this man overstays his visa he can end up with a ban to ever re-enter the USA. I've heard of many cases where if a person applies thinking they are eligible for AOS...but later are denied...due to ineligibility to file to begin with...they then are guilty of overstaying in this country..a VWP visit is good for up to 90 days..anything over..is an overstay and subject to deportation and a ban from the USA for 3-10 years or permenantly. With a baby on the way...I'd not take the chance. One is ONLY eligible to change status for ANY reason if they are here WITH a valid VISA to begin with. VWP participants are NOT here with a visa...therefore NOT eligible to change status.

You are a bit confused. VWP is a status similar to that of a tourist visa. Instead of having to apply for a visa prior to entry. Citizens from eligible countries can enter with a similar status.

The question is intent. Did you or did you not have the intent to marry and immigrate upon entry. You cannot use VWP or other non-immigrant visa (not include K visas) to marry and immigrate, but you can adjust status if you are already in the country and decide to get married and stay.

keTiiDCjGVo

Filed: Other Timeline
Posted
As others have said, plenty have done it this way with no problem at all. Some of us who didn't have the option of having partners visit under VWP are jealous that you can do it this way, but follow the advice of the other posters and you should be fine.

I just love an honest comment like this. You get brownie points in my book for this kerewin (that and $1.29 will get you a cup of coffee - lol).

Here's another honest comment for you. And if anybody who has a loved one from a VWP nation denies what I am about to say, I will call them a fibber. PEOPLE FROM VWP COUNTRIES CONSIDER ADJUSTING FROM THE VWP ALL THE TIME as an alternative to the visa process. I mean, why wouldn't we? The option is there, it's viable, and usually successful. My husband and I talked about it - I admit it. But you know why we didn't? Cause we were CHICKEN - and I mean bawk-bawk-bawk chicken scared.

Anybody here with a VWP spouse who wants to sit here and tell me you didn't talk about it? Hmm? I won't believe you....... :P

Seriously - if you didn't intend to immigrate to the US when you last entered, you can adjust to permanent residency. And I don't care what Wikipedia says. Maybe one of us should go in there right now and edit that marvelously credible source of information. But for those of us (VWP or not) who knew our boyfriends/girlfriends were gonna live here in the US with us - well we knuckled under and filed for visas.

And whispered in the night about adjusting from the VWP.................... :P

Filed: AOS (pnd) Country: Belgium
Timeline
Posted
As others have said, plenty have done it this way with no problem at all. Some of us who didn't have the option of having partners visit under VWP are jealous that you can do it this way, but follow the advice of the other posters and you should be fine.

I just love an honest comment like this. You get brownie points in my book for this kerewin (that and $1.29 will get you a cup of coffee - lol).

Here's another honest comment for you. And if anybody who has a loved one from a VWP nation denies what I am about to say, I will call them a fibber. PEOPLE FROM VWP COUNTRIES CONSIDER ADJUSTING FROM THE VWP ALL THE TIME as an alternative to the visa process. I mean, why wouldn't we? The option is there, it's viable, and usually successful. My husband and I talked about it - I admit it. But you know why we didn't? Cause we were CHICKEN - and I mean bawk-bawk-bawk chicken scared.

Anybody here with a VWP spouse who wants to sit here and tell me you didn't talk about it? Hmm? I won't believe you....... :P

Seriously - if you didn't intend to immigrate to the US when you last entered, you can adjust to permanent residency. And I don't care what Wikipedia says. Maybe one of us should go in there right now and edit that marvelously credible source of information. But for those of us (VWP or not) who knew our boyfriends/girlfriends were gonna live here in the US with us - well we knuckled under and filed for visas.

And whispered in the night about adjusting from the VWP.................... :P

HAHAHAHAHAH

yeah we chickend out too :P:P:P but seeing how many things could have gone wrong we like to see it as having made the right decision!

K-1 Visa Service Center : California Service Center ; Consulate : Belgium

2007-04-18 = I-129F Sent

2007-05-14 = I-129F NOA1

2007-08-10 = I-129F NOA2

2007-09-17 = Consulate Received

2007-09-18 = Packet 3 Received

2007-09-19 = Packet 3 Sent

2007-09-19 = Packet 4 Received

2007-09-24 = Interview Date

2007-09-24 = Visa Received

2007-09-28 = US Entry

2007-11-10 = Marriage

Processing Estimates/Stats : I-129f was approved in 114 days from your filing date. Interview took 159 days from your I-129F filing date.

Adjustment of Status CIS Office : Las Vegas NV

2007-11-23 = Date Filed at Chicago lockbox (priority date)

2007-11-29 = NOA Date

2007-12-07 = RFE(s) IRS tax forms

2007-12-21 = Biometrics Appt.

2007-12-23 = Met with an immigration lawyer who told us how to prove income without IRS tax forms

2008-01-10 = NOA reciept of RFE at Lee's Summit, case processing resumed

2008-03-24 = Interview Date (cancelled but we will still be going)

Pending : Approval / Denial Date, Got I551 Stamp, Greencard Received

Employment Authorization Document CIS Office : Chicago National Office; Filing Method : Mail; Filing Instance : First

2007-11-23 = Date Filed (priority date)

2007-11-29 = NOA Date

2007-12-21 = Bio. Appt.

2007-12-21 = Touche

2008-02-12 = Card production ordered

2008-02-13 = Touche

2008-02-15 = Approval email

2008-02-19 = Card Received

Filed: AOS (apr) Country: Peru
Timeline
Posted
Another resource is:

http://en.wikipedia.org/wiki/Visa_Waiver_Program

[edit] Visa waiver program restrictions

A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). Additionally, a person who entered the U.S. under the VWP may not request a change of immigration status while in the U.S. (e.g. one is unable to change status from say a tourist to a student). Moreover, if one seeks to enter the U.S and is denied at a port of entry, no path of appealing the denial of entry is allowed.

Travellers can leave to Mexico and other countries, but will not be granted another 90 days after reentry in the US [14].

As I said...I'd not take the chance. There is a baby involved...if this man overstays his visa he can end up with a ban to ever re-enter the USA. I've heard of many cases where if a person applies thinking they are eligible for AOS...but later are denied...due to ineligibility to file to begin with...they then are guilty of overstaying in this country..a VWP visit is good for up to 90 days..anything over..is an overstay and subject to deportation and a ban from the USA for 3-10 years or permenantly. With a baby on the way...I'd not take the chance. One is ONLY eligible to change status for ANY reason if they are here WITH a valid VISA to begin with. VWP participants are NOT here with a visa...therefore NOT eligible to change status.

That's just saying you can't change to another non-immigrant status.

If one entered with no intent on the VWP, they can certaining adjust to immigrant status. Plenty of people on this board and elsewhere have done so with 0 issues.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Filed: Timeline
Posted
As others have said, plenty have done it this way with no problem at all. Some of us who didn't have the option of having partners visit under VWP are jealous that you can do it this way, but follow the advice of the other posters and you should be fine.

Thanks so much everyone. I know that we can prove our relationship is real. We had previously looked at the K1 process and we saw that we had lots of the primary evidence as he has been here 4 times in the last 9 months. We have phone bills from when we were apart. He has a bank account here that he opened a few months back on one of his visits so he would not get charged foreign bank fees. I guess if I do find out I am carrying his child that willbe some more proof lol. As far as showing no immigrant intent at the time he arrived 7 weeks ago would be i was still married at the time so i was not free to marry , he has all his money and stocks left in the UK. all his belongings except his stuff he brought with him is here. The only thing that worried me is he was not working yet was going to start up a business with his friend when he got back it was in discussion form at the time. Also he lived with his parents as the price for a flat is crazy, he did pay them rent though and I actually think he has a lease because he needed for Something else as well And the fact that we thought about the K1 at a later date. I did not plan on wanting to get married so soon as I wanted everyone to be here and not just go to the JP and do it. Yet I know I do not want to be apart from him :( How does the process work after you fill out the papers? Do you go to an interview at the local consulate?

Sorry for so much rambling but there are so many things to think about !!!

Filed: Timeline
Posted
As others have said, plenty have done it this way with no problem at all. Some of us who didn't have the option of having partners visit under VWP are jealous that you can do it this way, but follow the advice of the other posters and you should be fine.

Thanks so much everyone. I know that we can prove our relationship is real. We had previously looked at the K1 process and we saw that we had lots of the primary evidence as he has been here 4 times in the last 9 months. We have phone bills from when we were apart. He has a bank account here that he opened a few months back on one of his visits so he would not get charged foreign bank fees. I guess I am carrying his child that will be some more proof lol. As far as showing no immigrant intent at the time he arrived 7 weeks ago would be i was still married at the time so i was not free to marry , he has all his money and stocks left in the UK. all his belongings except his stuff he brought with him is here. The only thing that worried me is he was not working yet was going to start up a business with his friend when he got back it was in discussion form at the time. Also he lived with his parents as the price for a flat is crazy, he did pay them rent though and I actually think he has a lease because he needed for Something else as well And the fact that we thought about the K1 at a later date. I did not plan on wanting to get married so soon as I wanted everyone to be here and not just go to the JP and do it. Yet I know I do not want to be apart from him :( How does the process work after you fill out the papers? Do you go to an interview at the local consulate?

Sorry for so much rambling but there are so many things to think about !!!

i meant all his belongings are there not here

Filed: K-1 Visa Country: Egypt
Timeline
Posted

Personally...with a baby in the picture...I'd not take that risk..just my opinion....sure...I'd talk about it..be tempted...but i'd not risk being banned. Takes one bad day with an adjudicator to mess up and entire life..and not just his and hers...but now a baby to?? Not worth ANY risk....

Filed: Timeline
Posted
Personally...with a baby in the picture...I'd not take that risk..just my opinion....sure...I'd talk about it..be tempted...but i'd not risk being banned. Takes one bad day with an adjudicator to mess up and entire life..and not just his and hers...but now a baby to?? Not worth ANY risk....

If we start the AOS before the VWP expires then he did not overstay correct? What happens if they do not believe we did not have the intent at the time of entry? If he does get sent back to the UK can we not still file a K3 and he came back? I am confused why he would be banned? I know what you mean though it is risky putting our lives, a unborn child and my child that thinks of him as her father already in the hands of one person that may not believe us. It is hard to be in their shoes as I know we did not intend to marry as stated before I thought my divorce was going to take ages at least another 4-5 months to sign then another 2 months to get finalized in the court but it ended up being so quick. and we also did not plan on having a child out of wedlock as old fashioned as it may sound I really want to be married before the child is born.

Filed: Citizen (apr) Country: England
Timeline
Posted

Likely, he will wind up overstaying as the AOS process takes some time, certainly longer than he has left on his I-94. However, this overstay is forgiven when the AOS is approved.

If they do not believe you, he will be sent back to the UK, barred from re-entering the US, and there is always the threat of criminal charges for visa fraud. The ban would be because of misrepresentation, not overstay.

You would still be able to file for a K-3 or CR-1 if he was refused AOS, but you would have to file a waiver as well, which can be a long and tedious process.

Filed: AOS (apr) Country: Peru
Timeline
Posted
Personally...with a baby in the picture...I'd not take that risk..just my opinion....sure...I'd talk about it..be tempted...but i'd not risk being banned. Takes one bad day with an adjudicator to mess up and entire life..and not just his and hers...but now a baby to?? Not worth ANY risk....

If we start the AOS before the VWP expires then he did not overstay correct? What happens if they do not believe we did not have the intent at the time of entry? If he does get sent back to the UK can we not still file a K3 and he came back? I am confused why he would be banned? I know what you mean though it is risky putting our lives, a unborn child and my child that thinks of him as her father already in the hands of one person that may not believe us. It is hard to be in their shoes as I know we did not intend to marry as stated before I thought my divorce was going to take ages at least another 4-5 months to sign then another 2 months to get finalized in the court but it ended up being so quick. and we also did not plan on having a child out of wedlock as old fashioned as it may sound I really want to be married before the child is born.

Overstay is really the least of your concerns. IOs don't bat an eye at 5 or 10 year overstays (my husbands almost 5 year overstay was not even mentioned).

Your primary concern is being able to prove there was no intent to marry and STAY upon entry.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Filed: Other Timeline
Posted
Another resource is:

http://en.wikipedia.org/wiki/Visa_Waiver_Program

[edit] Visa waiver program restrictions

A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). Additionally, a person who entered the U.S. under the VWP may not request a change of immigration status while in the U.S. (e.g. one is unable to change status from say a tourist to a student). Moreover, if one seeks to enter the U.S and is denied at a port of entry, no path of appealing the denial of entry is allowed.

Travellers can leave to Mexico and other countries, but will not be granted another 90 days after reentry in the US [14].

As I said...I'd not take the chance. There is a baby involved...if this man overstays his visa he can end up with a ban to ever re-enter the USA. I've heard of many cases where if a person applies thinking they are eligible for AOS...but later are denied...due to ineligibility to file to begin with...they then are guilty of overstaying in this country..a VWP visit is good for up to 90 days..anything over..is an overstay and subject to deportation and a ban from the USA for 3-10 years or permenantly. With a baby on the way...I'd not take the chance. One is ONLY eligible to change status for ANY reason if they are here WITH a valid VISA to begin with. VWP participants are NOT here with a visa...therefore NOT eligible to change status.

What that website you're quoting fails to mention is that if a person gets married to a US citizen and they are in the US on a tourist visa or VWP, they *can* adjust status to permanent resident, IF they can prove that they had no intent upon that entry of staying. In other words, if the person applying for AOS still had a home and job and all their belongings in their home country, but then came to the US, spontaneously decided to get married and then stay with their spouse, and can PROVE all that, then they can adjust status.

What a person on VWP *can't* do however is apply to adjust status to some other type of visa, ie: student visa, work visa, or extend the length of time allowed on the VWP.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: Timeline
Posted

Would the fact that I was still married be enough to prove that we had no intent to marry or what else can I show to prove this to be the case. My SO is so upset as he does not want to leave and miss the first kick, birthing classes etc and is worried that the stress of all this will have a bad effect on our baby. All your help is fantastic and we just do not want to do anything wrong.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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