My boyfriend came to visit on the VWP

[Ju&Ja 1]

Yeah it is possible. I met a law officier here in LA who told me that I should do that, but it was too late cuz' I already filled and sent the K1 petition. But why we all doing the K1 which is long and boring while this AOS option is available ? I don't understand. If I knew it before I would do it for sure instead of applyin' for this f@$king K1 !

[rebeccajo 14]

It is not about marriage. '

It is not about being the immediate relative of a USC.

It is about intent to immigrate.

VWP entrants may apply to adjust status. The only difference between those individuals who entered on the VWP and those who entered on another visa type is that VWP entrants have no right to appeal should the adjustment of status be denied.

Yeah it is possible. I met a law officier here in LA who told me that I should do that, but it was too late cuz' I already filled and sent the K1 petition. But why we all doing the K1 which is long and boring while this AOS option is available ? I don't understand. If I knew it before I would do it for sure instead of applyin' for this f@$king K1 !

Because if your significant other has intentions to live, work and reside in the US and be married to you at the same time, that is the only legal way.

[Kittykisses73 1]

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.

I do appreciate all the input I am receiving! Its very helpful, ALL EXCEPT the EASY part. I think I missed something there.

[pushbrk 12,883]

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.

I do appreciate all the input I am receiving! Its very helpful, ALL EXCEPT the EASY part. I think I missed something there.

I'm kidding about the hate part but compared to a fiance or spouse visa process where couples are separated for months, the AOS option open to you is EASY.

[Kittykisses73 1]

Ok! Guilt was starting to set in there. I really do appreciate all the help and support from people who are in our same boat. Things have always just fallen into place for us, and it seems as though this may as well. I just want to do what is right and LEGAL because I would do NOTHING to jepordize my life with him. Everyone has seemed very genuine and helpful! It means alot

[pj1959us 0]

I am going to echo what R-Jo stated...do remember there is no appeal if the AOS process goes sour.

Some issues I can see at this point are: 1) you mentioned he was living with his father and taking care of him. Is there someone now to take over that care? There will be several months in which your SO will not be able to leave the US if you take this path. 2) Your SO quit his job before coming to the US. To immigration, that *could* be a red flag, showing intent to immigrate.

I don't say this to sway you from marrying and filing AOS here. Just be sure to always cover your bases so that you have whatever proof of no-intent to remain upon entering the US. Whatever issues that he must wrap up in Australia now (closing bank accounts, etc), try to have proof that those were done after entering the US and you married, so that they can be presented if needed.

Best wishes to you,

PJ

[Kittykisses73 1]

He has 2 brothers and 3 sister who are helping out with his dad who now is also receiving some assistance from a goverment service as well.

He has changed jobs pretty regularly in the last 6 months. Chefs tend to change jobs quite frequently.

I guess this is going to be more confusing than I hoped. SO many people say it is possible and others say no way! ITs really sad that two people who want to be together can't be!

[pushbrk 12,883]

He has 2 brothers and 3 sister who are helping out with his dad who now is also receiving some assistance from a goverment service as well.

He has changed jobs pretty regularly in the last 6 months. Chefs tend to change jobs quite frequently.

I guess this is going to be more confusing than I hoped. SO many people say it is possible and others say no way! ITs really sad that two people who want to be together can't be!

Overreacting won't help. You ARE together and can remain so. It's somewhat more complicated because of the immigration issues.

[Otto 83]

He has 2 brothers and 3 sister who are helping out with his dad who now is also receiving some assistance from a goverment service as well.

He has changed jobs pretty regularly in the last 6 months. Chefs tend to change jobs quite frequently.

I guess this is going to be more confusing than I hoped. SO many people say it is possible and others say no way! ITs really sad that two people who want to be together can't be!

My father used to say "If it was easy, everyone would be doing it" In reference to, well, anything I said was hard..

If he is willing and able to stay in the US (and p.s., get married) until he gets his GC - you can remain together.

There are step-by-step guides here on VJ to help.

[Eric-Pris 1,606]

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.

The burden of proof is on the applicant here.

I get a kick of seeing people write "my boyfriend/girlfriend came to visit me on a tourist visa/VWP and the bond was so strong we just decided to get married".

I'm going to say what many of us are thinking.... there was probably intent. But I understand you wanting to explicitly state that there wasn't so you aren't flamed for taking the short-cut.

Edited October 1, 2008 by kid brooklyn

[Kittykisses73 1]

I really do understand what you mean Pushbrk! I do value that fact that we are together and hope very much to be able to remain together. Hate to seem like I am overeacting. Its people like kid brooklyn that just make this situation harder, ASSUMING that we ALWAYS had intent. I understand there are people who will abuse the system, but that is not me! I would be terrified if I thought we were doing ANYTHING wrong. You have been a huge help to me today, helped me keep my head level and I really do appreciate it. Its nice to have support for this process!

[*julez* 124]

You've been given correct info today by pushbrk & Tay rivers, to name a few. Just ignore those who hold you in judgement. I'd start getting your paperwork together and ignore this thread going forward.

[Krikit 1,164]

I'm going to say what many of us are thinking.... there was probably intent. But I understand you wanting to explicitly state that there wasn't so you aren't flamed for taking the short-cut.

Yeah, uhhhhhh..... You can put me in the "Not One of Those Who Think You Had Intent" column, Kitty.

You've been given correct info today by pushbrk & Tay rivers, to name a few. Just ignore those who hold you in judgement. I'd start getting your paperwork together and ignore this thread going forward.

This is good advice, also, Kitty.

[rebeccajo 14]

Actually, the best advice in situations like this is to speak to a qualified immigration attorney who specializes in spousal/family immigration.

You should specifically ask that attorney about the ramifcations of your husband traveling while he awaits his greencard. He does have an aging parent back in Oz and emergent travel is a possibility.

I'm going to say what many of us are thinking.... there was probably intent. But I understand you wanting to explicitly state that there wasn't so you aren't flamed for taking the short-cut.

"Probably" isn't evidence.

There are times when the questions posed give intent away. There is not enough information given here to form a judgment, IMO.

I idly note that (unless I misread the OP), she and her 'boyfriend' had not met face to face before his entry in August.

Edited October 1, 2008 by rebeccajo

[allblak 0]

...not sure why the sort of panic. AOS is really straightforward especially if it is based on a genuine marriage. You just need to file the appropriate petitions and you 2 will live hapily ever after. I know its much easier said than done but to be hionest, you just need to file the correct petitions and go from there. That is the springboard you folks are seeking to stay/live together legally and to adjust his status. I am not normally on this site - I just sneak a peak now and then. Feel free to reach me via email if you want at allblak41@yahoo.com