I94 VISA WAIVER MARRIES USC

[Somerset Boy 0]

If while in USA on and I94 Visa Waiver you marry a USC

Do you then file in in USA for AOS and all the forms and paperwork before your I94 expires OR

Must I return to UK and do it all leaving my USA wife behind here?

Thanks for any help I am confused at present!

I have tried to figure it it all out but taking me ages and thought there maybe a simple answer.

I know this is not the ideal way to go and it is prefereable to apply for Fiance Visa first.

I just want to know can I stay here if we marry while I am on VW I94

Thanks

[payxibka 10,047]

you will get a better answer in the status adjustment forum... moving

[payxibka 10,047]

If while in USA on and I94 Visa Waiver you marry a USC

Do you then file in in USA for AOS and all the forms and paperwork before your I94 expires OR

Must I return to UK and do it all leaving my USA wife behind here?

Thanks for any help I am confused at present!

I have tried to figure it it all out but taking me ages and thought there maybe a simple answer.

I know this is not the ideal way to go and it is prefereable to apply for Fiance Visa first.

I just want to know can I stay here if we marry while I am on VW I94

Thanks

Yes you can file all the AOS forms and paperwork... best if done ASAP

You can leave but you do not have to

many kinds of visas of which the fiance(e) is but one option

if your intent was not to stay when you entered on the VWP then you ought to be able to stay... USCIS does not need to prove intent in order to deny because intent is presumed... it is up to you to prove lack of intent....

[Somerset Boy 0]

If while in USA on and I94 Visa Waiver you marry a USC

Do you then file in in USA for AOS and all the forms and paperwork before your I94 expires OR

Must I return to UK and do it all leaving my USA wife behind here?

Thanks for any help I am confused at present!

I have tried to figure it it all out but taking me ages and thought there maybe a simple answer.

I know this is not the ideal way to go and it is prefereable to apply for Fiance Visa first.

I just want to know can I stay here if we marry while I am on VW I94

Thanks

Yes you can file all the AOS forms and paperwork... best if done ASAP

You can leave but you do not have to

many kinds of visas of which the fiance(e) is but one option

if your intent was not to stay when you entered on the VWP then you ought to be able to stay... USCIS does not need to prove intent in order to deny because intent is presumed... it is up to you to prove lack of intent....

[Somerset Boy 0]

That really helps I only got here 13th with no intent at all to be married or stay. My planned stay was only a month.

However things transpired and it maybe that we do get married but I was concerned that I would still have to leave in 11 weeks if we did go ahead.

Then I was given conflicting information about if I could actually apply while here and stay while it is processed?

How on earth would you prove you had no intent?

I just do not want to do it on the spur of the moment and then have to leave the USA and leave a wife behind.

Any other advice and how easy is it to prove I had no intent?

Thanks for all advice so far it helps.

[payxibka 10,047]

That really helps I only got here 13th with no intent at all to be married or stay. My planned stay was only a month.

However things transpired and it maybe that we do get married but I was concerned that I would still have to leave in 11 weeks if we did go ahead.

Then I was given conflicting information about if I could actually apply while here and stay while it is processed?

How on earth would you prove you had no intent?

I just do not want to do it on the spur of the moment and then have to leave the USA and leave a wife behind.

Any other advice and how easy is it to prove I had no intent?

Thanks for all advice so far it helps.

lack of intent could be indicated by the fact that you still had a life back in your country that you did not terminate or shut down prior to arrival... real estate, job, return air fare, bank accounts, blah, blah, blah

[bluegreen 0]

Do a search on this forum—there are many, many threads about how to prove or show you were intending to return, such as a return ticket, job at home, mortgage or rental agreement, etc. But searching prior discussions will give you a better idea, as there are many:)

[paul. 0]

Be careful though mate, I was in a similar situation last year, check my previous posts.

I paid a good lawyer 75 bucks for some legal advice and he told me to go ahead without even hearing me out, it would be a 50/50 if I made it or not and he could do it for about 3k. There are enough vultures out there who reckon they can get you in, but it's your life they are messing with.

If you don't get approved, you get sent home on the first plane to start the I-130 for a CR-1 process (If you did indeed get married), currently taking about a year from start to finish. It might take a while to get to the point where they send you back to England though and then leaving to do what so many of us are doing currently will be heart-wrenchingly painful. So I'm telling you this to help you make your mind up between the AOS and I-130 road to immigration.

The issue is proving you came in for only a month and needed to go back to England. So things like mortgage payments, car payments, a job, kids, pets, etc. They're all proof that you didn't mean to stay on (or were smart and arranged it all...just a matter of on what side you are!). I'm pretty sure they'll pick holes in it though and then you might find yourself in England again, as per above.

[Somerset Boy 0]

Thanks for that post it is really helpful.

I have read your other posts but can not quite follow?

Where you in USA on VW married then applied aos? Did you get turned down? Or have I read it that you returned voluntarily to file the correct process from UK?

What does this mean from one of your posts?

LingChe ?

Can you confirm one thing if I do an AOS on a VW after we marry and I do get turned down and put on the plane am I then banned forever or just until I have filed in UK?

Is there a reason I would get turned down? I still own a house and biz in UK (all of which family can deal with) I had no intention when I came through of marrying this trip or at anytime in next 2 years BUT...................

[paul. 0]

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