Change plans and marry while on VWP?

[unforgettable fire 2]

Of course you can AOS from VWP. I did that myself successfully amongst a lot of other individuals on this forum. As long as you have proof that there was no immigration intent at the POE you'll have a chance. Of course there is risk doing so, however there is always risk in this process regardless of what route you want to take (K-1, K-3, etc...).

Good luck with your journey!!!

[English Muffin 59]

Of course you can AOS from VWP. I did that myself successfully amongst a lot of other individuals on this forum. As long as you have proof that there was no immigration intent at the POE you'll have a chance. Of course there is risk doing so, however there is always risk in this process regardless of what route you want to take (K-1, K-3, etc...).

Good luck with your journey!!!

What are the risks associated with adjusting status from K1 or K3?

[unforgettable fire 2]

Of course you can AOS from VWP. I did that myself successfully amongst a lot of other individuals on this forum. As long as you have proof that there was no immigration intent at the POE you'll have a chance. Of course there is risk doing so, however there is always risk in this process regardless of what route you want to take (K-1, K-3, etc...).

Good luck with your journey!!!

What are the risks associated with adjusting status from K1 or K3?

Nothing is guaranteed in this process, USCIS can very much turn around and deny visas. It's happened before. What I'm trying to say is that this process is not a exact science and different people go through different circumstances and visa issuance is at the discretion of USCIS after all.

Edited January 9, 2009 by unforgettable fire

[English Muffin 59]

Nothing is guaranteed in this process, USCIS can very much turn around and deny visas. It's happened before. What I'm trying to say is that this process is not a exact science and different people go through different circumstances and visa issuance is at the discretion of USCIS after all.

That doesn't back up your original statement. The risks with adjusting from the VWP are well documented. You state that there are risks with adjusting from K visas and I'd like to know what those risks are.

[Jasman0717 9]

Is your divorce final

[unforgettable fire 2]

Nothing is guaranteed in this process, USCIS can very much turn around and deny visas. It's happened before. What I'm trying to say is that this process is not a exact science and different people go through different circumstances and visa issuance is at the discretion of USCIS after all.

That doesn't back up your original statement. The risks with adjusting from the VWP are well documented. You state that there are risks with adjusting from K visas and I'd like to know what those risks are.

In the original post the OP asked if there was a possibility to AOS while in the U.S on VWP. The answer is YES! End of the story.

Fact is that no visa is guaranteed regardless of route.

[rebeccajo 14]

Nothing is guaranteed in this process, USCIS can very much turn around and deny visas. It's happened before. What I'm trying to say is that this process is not a exact science and different people go through different circumstances and visa issuance is at the discretion of USCIS after all.

That doesn't back up your original statement. The risks with adjusting from the VWP are well documented. You state that there are risks with adjusting from K visas and I'd like to know what those risks are.

In the original post the OP asked if there was a possibility to AOS while in the U.S on VWP. The answer is YES! End of the story.

Fact is that no visa is guaranteed regardless of route.

AOS isn't a visa.

[unforgettable fire 2]

Nothing is guaranteed in this process, USCIS can very much turn around and deny visas. It's happened before. What I'm trying to say is that this process is not a exact science and different people go through different circumstances and visa issuance is at the discretion of USCIS after all.

That doesn't back up your original statement. The risks with adjusting from the VWP are well documented. You state that there are risks with adjusting from K visas and I'd like to know what those risks are.

In the original post the OP asked if there was a possibility to AOS while in the U.S on VWP. The answer is YES! End of the story.

Fact is that no visa is guaranteed regardless of route.

AOS isn't a visa.

Oh Please, stop being pedantic and refer to the original post.

If he is here while on VWP, and free to marry and he didn't have immigration intent at the POE he might be able to AOS successfully.

Edited January 9, 2009 by unforgettable fire

[rebeccajo 14]

Nothing is guaranteed in this process, USCIS can very much turn around and deny visas. It's happened before. What I'm trying to say is that this process is not a exact science and different people go through different circumstances and visa issuance is at the discretion of USCIS after all.

That doesn't back up your original statement. The risks with adjusting from the VWP are well documented. You state that there are risks with adjusting from K visas and I'd like to know what those risks are.

In the original post the OP asked if there was a possibility to AOS while in the U.S on VWP. The answer is YES! End of the story.

Fact is that no visa is guaranteed regardless of route.

AOS isn't a visa.

Oh Please, stop being pedantic and refer to the original post.

If he is here while on VWP, and free to marry and he didn't have immigration intent at the POE he might be able to AOS successfully.

Sorry - not being pedantic. Terminology is unfortunately important in the journey.

You are right that he might be able to adjust successfully.

[Melian 0]

Thanks, everyone. I guess I was posting primarily to get an idea how many people successfully do thsi, and whether anything in our specific situation might be a problem - your responses so far look encouraging. I'd like to consult a lawyer, but it appears we'll barely be able to come up with enough for the application fees in time, so I don't think we can afford it. (If you're wondering about the affidavit of support - I certainly don't make enough myself, as a poor grad student, but my stepfather is willing to co-sponsor).

Since I've looked up the fees, I have another question: do we have to apply for the I-765 along with the rest of the forms in February (VWP time is up Feb. 26), or can we apply for that separately in March, when I'll have more money?

Edited January 9, 2009 by Melian

[rebeccajo 14]

Thanks, everyone. I guess I was posting primarily to get an idea how many people successfully do thsi, and whether anything in our specific situation might be a problem - your responses so far look encouraging. I'd like to consult a lawyer, but it appears we'll barely be able to come up with enough for the application fees in time, so I don't think we can afford it. (If you're wondering about the affidavit of support - I certainly don't make enough myself, as a poor grad student, but my stepfather is willing to co-sponsor).

Since I've looked up the fees, I have another question: do we have to apply for the I-765 along with the rest of the forms in February (VWP time is up Feb. 26), or can we apply for that separately in March, when I'll have more money?

The I765 is included in the fee for the I485.

An attorney consult can usually be had for a nominal fee - I would guess about $200 or less. Such an investment would really be a good idea for you.

You still have not cleared up whether or not you are divorced yet.

Edited January 9, 2009 by rebeccajo

[Melian 0]

The I765 is included in the fee for the I485.

Ooops - I just went back and looked over the guide again, and I see where it said that. I had only skimmed it so far. Well, that's one less thing to worry about.

You still have not cleared up whether or not you are divorced yet.

To be specific: I've been separated for almost four years, I filed for the divorce over a year ago, the trial was in early September, the divorce went through, my (court appointed - really can't afford one) lawyer told me the papers would arrive in 60 days. 60 days later, I called her and she told me they were held up because the transcript hadn't been finished. It was finally finished in late December, and now we expect the papers any day. I know we need the decree for the application (well, obviously, we need it earlier, to get married at all) and if it doesn't come in time, we're out of luck.

(I included all the other info just in case there's something in there that might cause a problem - getting divorced too recently?)

[pushbrk 13,167]

The I765 is included in the fee for the I485.

Ooops - I just went back and looked over the guide again, and I see where it said that. I had only skimmed it so far. Well, that's one less thing to worry about.

You still have not cleared up whether or not you are divorced yet.

To be specific: I've been separated for almost four years, I filed for the divorce over a year ago, the trial was in early September, the divorce went through, my (court appointed - really can't afford one) lawyer told me the papers would arrive in 60 days. 60 days later, I called her and she told me they were held up because the transcript hadn't been finished. It was finally finished in late December, and now we expect the papers any day. I know we need the decree for the application (well, obviously, we need it earlier, to get married at all) and if it doesn't come in time, we're out of luck.

(I included all the other info just in case there's something in there that might cause a problem - getting divorced too recently?)

I would strongly encourage you to change your strategy from, "Ask questions first and skim the guides." to "Study the guides and ask questions to clarify or confirm your understanding as needed." To do so will go much further toward assuring your success in the process.

What do you mean by "and if it doesn't com in time, we're out of luck."?

[Melian 0]

I would strongly encourage you to change your strategy from, "Ask questions first and skim the guides." to "Study the guides and ask questions to clarify or confirm your understanding as needed." To do so will go much further toward assuring your success in the process.

What do you mean by "and if it doesn't com in time, we're out of luck."?

I'm sorry.

Simply that we can't get married and apply for the AOS before his 90 days are up, and he'll have to go back to Germany. Not out of luck for the rest of our lives, of course, since we could still apply for the K1 whenever the decree finally did arrive.

Edited January 9, 2009 by Melian

[Melian 0]

Well, an update:

Thanks for your advice - turns out, though, that two months is not enough time for a lawyer to sign a piece of paper, so we didn't get the divorce certificate after all and my fiance went back to Germany today (his 90 days would have been up on Thursday). On to the K1, when, or if, that divorce paper finally arrives - going on 18 months waiting for this thing now. Gotta love lawyers.