My boyfriend came to visit on the VWP

[Kittykisses73 1]

My boyfriend of 5 months came to visit on the VWP. We have known each other about a year, I was having marital troubles and he was my rock thru trying to salvage my marriage as well as thru the divorce process. My divorce became final on August 28, 2008. My boyfriend lives in Australia with his father (to help take care of him, his dad had a stroke about 2 years ago) and worked as a chef. He began having troubles at his job and quit unexpectedly. We had planned for him to come here in mid september, but with his job ending suddenly we decided to bump his trip up to August 29th. His brothers are assisting his dad now that he is here.

From the moment he got off the plane, we had a bond that is undeniable. Its like we have been together our entire lives. We never expected for the feelings to be so strong. We are totally and completely in love with each other and want nothing more than to be together as husband and wife. Had we known this was going to be the case maybe we would have gone a different route. But now that he is here and we are together, the last thing we want is to be apart.

I am trying to find out what to do in our situation. He came here with just what he needed for a 3 month stay, he has bills in his name, a bank account everything still active in Australia, his entire family lives in Australia, & he has a return ticket to go home November 14th. We want nothing more than to marry and be together. We just don't know where to go from here. We have documentation of the relationship over the course of the last 5 months, phone records, unbelievalby high cell phone bills, emails, etc. I understand that we have to prove it was not our intention to marry from the start, and that is fine, anyone who is around us can tell that the relationship and the love is definately very genuine. I just am not sure what we have to do.

I have read very conflicting information regarding AOS. I have read that it is NOT POSSIBLE to accomplish, I have read that it is not only POSSIBLE to accomplish, but fairly common, I have read that he has to go home first, I have read that we can do this and he has to stay here. I have looked at so many web sites for help, and you seem to be the most current up to date site I have found.

I need any help and or guidance I can get.

Thanks

[john_and_marlene 162]

You can marry and apply for AOS.

[sara..... 371]

well im gonna be the one to play devils advocate on this one..........congratulations on finding ur life partner im really happy for u ..........but most of us on here also love our s/o and do not want to be separated.......but truly i believe unless he is in physical danger or u would be in a hardship other than missing him u should file for either k1 or marraige visa and he should return to his country to wait out the time and it is possiable he can come and visit while waiting or u can go there while waiting

and thats just my opinion for what ever it is worth .........

but really i am very happy for u......

sara

[Otto 83]

I need any help and or guidance I can get.

Thanks

If you choose to marry now (during his visit) and file for AOS (Adjustment of Status) he will need to remain in the US for the duration (no leaving the US until/if Green Card is in hand). Are you guys willing/able to do this?

[TayRivers 4]

well im gonna be the one to play devils advocate on this one..........congratulations on finding ur life partner im really happy for u ..........but most of us on here also love our s/o and do not want to be separated.......but truly i believe unless he is in physical danger or u would be in a hardship other than missing him u should file for either k1 or marraige visa and he should return to his country to wait out the time and it is possiable he can come and visit while waiting or u can go there while waiting

and thats just my opinion for what ever it is worth .........

but really i am very happy for u......

sara

It may be your opinion but it is very bad information. He is already here in the US and did not have any intention of remaining in the US when he entered so there is no reason for him to go home. They can marry and file for AOS and I-130 together and he can legally remain here while it is being processed. He may or may not be asked at AOS interview what his intent was at entry, but he does have evidence of his intent to return.

As he entered on a VWP he sould not bother with applying for AP as he should not leave the US until his AOS has been approved and he has his greencard in hand.

There are many many people who have gone this route and have now got their greencard. It is a legal route that is available to people who did not have intent to remain at the time of their entry but later changed their minds.

[pushbrk 12,898]

well im gonna be the one to play devils advocate on this one..........congratulations on finding ur life partner im really happy for u ..........but most of us on here also love our s/o and do not want to be separated.......but truly i believe unless he is in physical danger or u would be in a hardship other than missing him u should file for either k1 or marraige visa and he should return to his country to wait out the time and it is possiable he can come and visit while waiting or u can go there while waiting

and thats just my opinion for what ever it is worth .........

but really i am very happy for u......

sara

It may be your opinion but it is very bad information. He is already here in the US and did not have any intention of remaining in the US when he entered so there is no reason for him to go home. They can marry and file for AOS and I-130 together and he can legally remain here while it is being processed. He may or may not be asked at AOS interview what his intent was at entry, but he does have evidence of his intent to return.

As he entered on a VWP he sould not bother with applying for AP as he should not leave the US until his AOS has been approved and he has his greencard in hand.

There are many many people who have gone this route and have now got their greencard. It is a legal route that is available to people who did not have intent to remain at the time of their entry but later changed their minds.

This advice is spot on, if his affairs can be arranged to allow him to remain in the US until he has LPR status. If not, then he must leave and go through a visa process.

We're not here to make moral or relationship judgments for other people but rather to help with immigration issues. Since the decision to marry occured after US entry and there is evidence to support that, simply marrying and adjusting status to permanent resident is a legal option.

[*Robert* 2]

well im gonna be the one to play devils advocate on this one..........congratulations on finding ur life partner im really happy for u ..........but most of us on here also love our s/o and do not want to be separated.......but truly i believe unless he is in physical danger or u would be in a hardship other than missing him u should file for either k1 or marraige visa and he should return to his country to wait out the time and it is possiable he can come and visit while waiting or u can go there while waiting

and thats just my opinion for what ever it is worth .........

but really i am very happy for u......

sara

It may be your opinion but it is very bad information. He is already here in the US and did not have any intention of remaining in the US when he entered so there is no reason for him to go home. They can marry and file for AOS and I-130 together and he can legally remain here while it is being processed. He may or may not be asked at AOS interview what his intent was at entry, but he does have evidence of his intent to return.

As he entered on a VWP he sould not bother with applying for AP as he should not leave the US until his AOS has been approved and he has his greencard in hand.

There are many many people who have gone this route and have now got their greencard. It is a legal route that is available to people who did not have intent to remain at the time of their entry but later changed their minds.

This advice is spot on, if his affairs can be arranged to allow him to remain in the US until he has LPR status. If not, then he must leave and go through a visa process.

We're not here to make moral or relationship judgments for other people but rather to help with immigration issues. Since the decision to marry occured after US entry and there is evidence to support that, simply marrying and adjusting status to permanent resident is a legal option.

Ditto on what pushbrk and TayRivers said.

[Krikit 1,164]

See also this forum, Kitty. Best wishes.

Adjustment of Status From Work, Student, & Tourist Visas

[Beth and Greg 0]

I hate to be the wet blanket here, but I don't believe that route is possible. The AOS is an adjustment of status on a visa and the VWP isn't a visa at all, it's a visa waiver. You can't adjust the status of a visa that doesn't exist, whether or not the decision to marry happens before he enters the country or while he's here, at least, that is what I have been told by 3 different immigration lawyers while I've been researching how to get my fiance here. What you might want to do is look at getting a K-3 visa - get married here, have him go home and wrap up his things back in Oz (ie - empty and close his bank accounts) and in the mean time file the K-3, and then get his Aussie ### back here for your lovin'.

I know what you're going through. I was in Oz for 10 months when I was studying and I met the man of my dreams and now we're trying to get him over here so we can get married. I haven't seen him since this past April - I even missed our one year anniversary. Just be strong. Keep copies of every single document you have - letters, emails, phone bills, etc. and take lots of photos! Good luck!

[john_and_marlene 162]

I hate to be the wet blanket here, but I don't believe that route is possible. The AOS is an adjustment of status on a visa and the VWP isn't a visa at all, it's a visa waiver. You can't adjust the status of a visa that doesn't exist, whether or not the decision to marry happens before he enters the country or while he's here, at least, that is what I have been told by 3 different immigration lawyers while I've been researching how to get my fiance here. What you might want to do is look at getting a K-3 visa - get married here, have him go home and wrap up his things back in Oz (ie - empty and close his bank accounts) and in the mean time file the K-3, and then get his Aussie ### back here for your lovin'.

I know what you're going through. I was in Oz for 10 months when I was studying and I met the man of my dreams and now we're trying to get him over here so we can get married. I haven't seen him since this past April - I even missed our one year anniversary. Just be strong. Keep copies of every single document you have - letters, emails, phone bills, etc. and take lots of photos! Good luck!

It is very possible. And, it is completely legal. The AOS is adjustment from nonresident to resident status.

[pushbrk 12,898]

I hate to be the wet blanket here, but I don't believe that route is possible. The AOS is an adjustment of status on a visa and the VWP isn't a visa at all, it's a visa waiver. You can't adjust the status of a visa that doesn't exist, whether or not the decision to marry happens before he enters the country or while he's here, at least, that is what I have been told by 3 different immigration lawyers while I've been researching how to get my fiance here. What you might want to do is look at getting a K-3 visa - get married here, have him go home and wrap up his things back in Oz (ie - empty and close his bank accounts) and in the mean time file the K-3, and then get his Aussie ### back here for your lovin'.

I know what you're going through. I was in Oz for 10 months when I was studying and I met the man of my dreams and now we're trying to get him over here so we can get married. I haven't seen him since this past April - I even missed our one year anniversary. Just be strong. Keep copies of every single document you have - letters, emails, phone bills, etc. and take lots of photos! Good luck!

It is very possible. And, it is completely legal. The AOS is adjustment from nonresident to resident status.

Right "adjust status from a visa" is a misnomer. You don't adjust status from a visa. You adjust from one status to another. This is completely legal BECAUSE the foreign spouse to be entered the US legally and without immigrant intent.

[TayRivers 4]

I hate to be the wet blanket here, but I don't believe that route is possible. The AOS is an adjustment of status on a visa and the VWP isn't a visa at all, it's a visa waiver. You can't adjust the status of a visa that doesn't exist, whether or not the decision to marry happens before he enters the country or while he's here, at least, that is what I have been told by 3 different immigration lawyers while I've been researching how to get my fiance here. What you might want to do is look at getting a K-3 visa - get married here, have him go home and wrap up his things back in Oz (ie - empty and close his bank accounts) and in the mean time file the K-3, and then get his Aussie ### back here for your lovin'.

I know what you're going through. I was in Oz for 10 months when I was studying and I met the man of my dreams and now we're trying to get him over here so we can get married. I haven't seen him since this past April - I even missed our one year anniversary. Just be strong. Keep copies of every single document you have - letters, emails, phone bills, etc. and take lots of photos! Good luck!

You believe wrong. This is a legal way for immediate relatives of a USC to change their status from non-immigrant visa or VWP to a Permanent Resident. There are 1000's of spouses and parents and children under 21 who change there status every year, doing just what the OP has posted.

For you it is not a legal route as your fiance is not inside the US and you have already made the choice to marry before entry, so if you tried this it would be then they would be entering the US with intent to remain and would be committing visa fraud. It is not about marriage it is about being an immediate relative of a USC and being able to prove if needed that you did not enter on a non-immigrant visa or VWP with the intent of remaining in the US and circumventing the immigration laws.

Edited October 1, 2008 by TayRivers

[pushbrk 12,898]

I hate to be the wet blanket here, but I don't believe that route is possible. The AOS is an adjustment of status on a visa and the VWP isn't a visa at all, it's a visa waiver. You can't adjust the status of a visa that doesn't exist, whether or not the decision to marry happens before he enters the country or while he's here, at least, that is what I have been told by 3 different immigration lawyers while I've been researching how to get my fiance here. What you might want to do is look at getting a K-3 visa - get married here, have him go home and wrap up his things back in Oz (ie - empty and close his bank accounts) and in the mean time file the K-3, and then get his Aussie ### back here for your lovin'.

I know what you're going through. I was in Oz for 10 months when I was studying and I met the man of my dreams and now we're trying to get him over here so we can get married. I haven't seen him since this past April - I even missed our one year anniversary. Just be strong. Keep copies of every single document you have - letters, emails, phone bills, etc. and take lots of photos! Good luck!

You believe wrong. This is a legal way for immediate relatives of a USC to change their status from non-immigrant visa or VWP to a Permanent Resident. There are 1000's of spouses and parents and children under 21 who change there status every year, doing just what the OP and posted.

For you it is not a legal route as your fiance is not inside the US and you have already made the choice to marry before entry, so if you tried this it would be then they would be entering the US with intent to remain and would be committing visa fraud. It is not about marriage it is about being an immediate relative of a USC and being able to prove if needed that you did not enter on a non-immigrant visa or VWP with the intent of remaining in the US and circumventing the immigration laws.

We really do HATE people who have it this easy though.

[TayRivers 4]

I hate to be the wet blanket here, but I don't believe that route is possible. The AOS is an adjustment of status on a visa and the VWP isn't a visa at all, it's a visa waiver. You can't adjust the status of a visa that doesn't exist, whether or not the decision to marry happens before he enters the country or while he's here, at least, that is what I have been told by 3 different immigration lawyers while I've been researching how to get my fiance here. What you might want to do is look at getting a K-3 visa - get married here, have him go home and wrap up his things back in Oz (ie - empty and close his bank accounts) and in the mean time file the K-3, and then get his Aussie ### back here for your lovin'.

I know what you're going through. I was in Oz for 10 months when I was studying and I met the man of my dreams and now we're trying to get him over here so we can get married. I haven't seen him since this past April - I even missed our one year anniversary. Just be strong. Keep copies of every single document you have - letters, emails, phone bills, etc. and take lots of photos! Good luck!

You believe wrong. This is a legal way for immediate relatives of a USC to change their status from non-immigrant visa or VWP to a Permanent Resident. There are 1000's of spouses and parents and children under 21 who change there status every year, doing just what the OP and posted.

For you it is not a legal route as your fiance is not inside the US and you have already made the choice to marry before entry, so if you tried this it would be then they would be entering the US with intent to remain and would be committing visa fraud. It is not about marriage it is about being an immediate relative of a USC and being able to prove if needed that you did not enter on a non-immigrant visa or VWP with the intent of remaining in the US and circumventing the immigration laws.

We really do HATE people who have it this easy though.

I am hearing you... but the law is the law.

[john_and_marlene 162]

I hate to be the wet blanket here, but I don't believe that route is possible. The AOS is an adjustment of status on a visa and the VWP isn't a visa at all, it's a visa waiver. You can't adjust the status of a visa that doesn't exist, whether or not the decision to marry happens before he enters the country or while he's here, at least, that is what I have been told by 3 different immigration lawyers while I've been researching how to get my fiance here. What you might want to do is look at getting a K-3 visa - get married here, have him go home and wrap up his things back in Oz (ie - empty and close his bank accounts) and in the mean time file the K-3, and then get his Aussie ### back here for your lovin'.

I know what you're going through. I was in Oz for 10 months when I was studying and I met the man of my dreams and now we're trying to get him over here so we can get married. I haven't seen him since this past April - I even missed our one year anniversary. Just be strong. Keep copies of every single document you have - letters, emails, phone bills, etc. and take lots of photos! Good luck!

You believe wrong. This is a legal way for immediate relatives of a USC to change their status from non-immigrant visa or VWP to a Permanent Resident. There are 1000's of spouses and parents and children under 21 who change there status every year, doing just what the OP and posted.

For you it is not a legal route as your fiance is not inside the US and you have already made the choice to marry before entry, so if you tried this it would be then they would be entering the US with intent to remain and would be committing visa fraud. It is not about marriage it is about being an immediate relative of a USC and being able to prove if needed that you did not enter on a non-immigrant visa or VWP with the intent of remaining in the US and circumventing the immigration laws.

We really do HATE people who have it this easy though.

I don't. If they chose to go the long route, they would further clog the USCIS system and the embassy for their area with an additional petition. For every couple that takes this route, there is one less K1 or CR1 petition in process.