Enter US with VWP and turn in I-130 & I-485

[freak =) 0]

Hey everybody!

I'm a new member of visajourney and I hope you guys can help me.

I am a german citizen and married a US citizen over x-mas break. This marriage was totally unplanned. He asked me out of the blue and I said yes, without knowing what consequences this will have. Not saying I was unsure if I want to marry him =)

So...now the big problems arrived...

I was accepted at a exchange program staying at University of Oklahoma for one year, beginning August 2009. Because of the marriage to a US citizen I lost the scholarship. So I applied directly to the University. I got accepted, plus I got an offer as a graduate teaching assisant plus a tuition waiver worth $10,500 per year.

In order to accept this offer however I need my permanent residency or at least a working permission by August 2009.

I know by now that this is a quite short timeframe.

So my question, is it legal for me to enter the US with VWP and turn in the I-130 and I-485 with their required documents from the US? Also applying for the EAD?

And if the EAD is approved, will I be allowed to work, since I entered with VWP?

Thanks for helping me!

And...if anybody knows a good lawyer that might be able to help me, please let me know!

[payxibka 10,045]

it is not legal for you to enter on vwp with the intent to adjust status...

it is legal for you to have enter and have your circumstances change AFTER entry and apply for adjustment

[freak =) 0]

it is not legal for you to enter on vwp with the intent to adjust status...

it is legal for you to have enter and have your circumstances change AFTER entry and apply for adjustment

So if I enter now, on reason to meet with the professors of the Physics department of Oklahoma University, trying to find a solution for my situation with their help first,

then when in the US I decide it is the best way to apply for adjust status right away,

that would be legal?

Thanks for your quick respond! =)

[Bobby+Umit 161]

You would need to talk to a lawyer.

You should of stayed in the US and AOS. You can't marry, then leave, then attempt to come back on the VWP or even a B1/B2 visa with the intent to AOS.

Your husband will have to file for a CR-1/K3 visa for you. You would have to remain in your country to that gets approved.

You may be able to get a student visa for your schooling, but, since you are now married to a USC, I don't know how that will be affected (and you probably should not AOS on a student visa, since you are married all ready).

Good luck!

[Kez/JWolf 6]

Hey everybody!

I'm a new member of visajourney and I hope you guys can help me.

I am a german citizen and married a US citizen over x-mas break. This marriage was totally unplanned. He asked me out of the blue and I said yes, without knowing what consequences this will have. Not saying I was unsure if I want to marry him =)

So...now the big problems arrived...

I was accepted at a exchange program staying at University of Oklahoma for one year, beginning August 2009. Because of the marriage to a US citizen I lost the scholarship. So I applied directly to the University. I got accepted, plus I got an offer as a graduate teaching assisant plus a tuition waiver worth $10,500 per year.

In order to accept this offer however I need my permanent residency or at least a working permission by August 2009.

I know by now that this is a quite short timeframe.

So my question, is it legal for me to enter the US with VWP and turn in the I-130 and I-485 with their required documents from the US? Also applying for the EAD?

And if the EAD is approved, will I be allowed to work, since I entered with VWP?

Thanks for helping me!

And...if anybody knows a good lawyer that might be able to help me, please let me know!

As you had no intent to remain and file for AOS when you arrived but have since got married, CONGRATULATIONS. You can file for I-130 and AOS and EAD. It is better if you can file before your I-94w expires and do not leave the US until you have your Greencard.

As for the EAD it will take approx 90 days from when you file for the EAD before it is approved. Once you have the EAD you can apply for a SSN and then you can legally work. So if you file now you should have your EAD in plenty of time for Aug.

The Guide here at VJ is very useful and of course you can always ask questions if you are unsure about something.

Have a good read of the Guide and the forms you need to submit. http://www.visajourney.com/forums/index.ph...page=i130guide2

Good Luck.

[payxibka 10,045]

it is not legal for you to enter on vwp with the intent to adjust status...

it is legal for you to have enter and have your circumstances change AFTER entry and apply for adjustment

So if I enter now, on reason to meet with the professors of the Physics department of Oklahoma University, trying to find a solution for my situation with their help first,

then when in the US I decide it is the best way to apply for adjust status right away,

that would be legal?

Thanks for your quick respond! =)

If you are currently here you should be fine... if you are not already here, then you have a big problem

[freak =) 0]

It might be useful to give more information on my case.

I got married unplanned and left the US already.

I didn't know anything about this whole topic.

So I am in Germany right now and I am trying to figure out what I can do to start University in August 2009.

[Kez/JWolf 6]

It might be useful to give more information on my case.

I got married unplanned and left the US already.

I didn't know anything about this whole topic.

So I am in Germany right now and I am trying to figure out what I can do to start University in August 2009.

If you have left the US then you can not enter on the VWP and then adjust your status, that would be visa fraud. The only options you have if to file for a CR-1 or a K-3 visa, as the spouse of a USC you may have problems even trying to come to the US just for a Visit.

DO NOT ATTEMPT TO ENTER ON THE VWP AND FILE FOR AOS, IF YOU DO YOU COULD END UP BEING BANNED FROM THE US FOREVER.

[Bobby+Umit 161]

It might be useful to give more information on my case.

I got married unplanned and left the US already.

I didn't know anything about this whole topic.

So I am in Germany right now and I am trying to figure out what I can do to start University in August 2009.

If you have left the US then you can not enter on the VWP and then adjust your status, that would be visa fraud. The only options you have if to file for a CR-1 or a K-3 visa, as the spouse of a USC you may have problems even trying to come to the US just for a Visit.

DO NOT ATTEMPT TO ENTER ON THE VWP AND FILE FOR AOS, IF YOU DO YOU COULD END UP BEING BANNED FROM THE US FOREVER.

Or at least 3 years. I know one couple, ironically the guy was from Germany, that tried to do this, they are still waiting.

Talk to a lawyer - but my original advice still holds

[payxibka 10,045]

I got married unplanned and left the US already.

I didn't know anything about this whole topic.

That is unfortunately is going to be a "costly" mistake....

[freak =) 0]

So I understand it as there is nothing I can do now?

As I said, the whole marriage was totally unplanned. The court house didn't even ask for a brith certicifate.

All I want to do is start my graduate this summer, why is a marriage to a US citizen such a big deal to the government? I would be happy to just receive a non-immigrant student visa, but married to a US you don't get any non-immigrant visas (except K-3). Isn't that kinda unfair!

The university already said, they would help me whatever there is to expedite the process...

Any suggestions on this issue?

I was going to visit the University to talk to the professors, trying to find a solution. Your suggestion, I shouldn't do this?

Also I have booked a flight for April, as a visit, I booked it before knowing I am accepted at the University and all the Visa problems =/

[payxibka 10,045]

So I understand it as there is nothing I can do now?

As I said, the whole marriage was totally unplanned. The court house didn't even ask for a brith certicifate.

All I want to do is start my graduate this summer, why is a marriage to a US citizen such a big deal to the government? I would be happy to just receive a non-immigrant student visa, but married to a US you don't get any non-immigrant visas (except K-3). Isn't that kinda unfair!

The university already said, they would help me whatever there is to expedite the process...

Any suggestions on this issue?

I was going to visit the University to talk to the professors, trying to find a solution. Your suggestion, I shouldn't do this?

Also I have booked a flight for April, as a visit, I booked it before knowing I am accepted at the University and all the Visa problems =/

But what you really want is a non-immigrant visa so that you can eventually immigrate.... that is where the problem is......

[Bobby+Umit 161]

So I understand it as there is nothing I can do now?

As I said, the whole marriage was totally unplanned. The court house didn't even ask for a brith certicifate.

All I want to do is start my graduate this summer, why is a marriage to a US citizen such a big deal to the government? I would be happy to just receive a non-immigrant student visa, but married to a US you don't get any non-immigrant visas (except K-3). Isn't that kinda unfair!

The university already said, they would help me whatever there is to expedite the process...

Any suggestions on this issue?

I was going to visit the University to talk to the professors, trying to find a solution. Your suggestion, I shouldn't do this?

Also I have booked a flight for April, as a visit, I booked it before knowing I am accepted at the University and all the Visa problems =/

Of course there is something you can do now - talk to a lawyer in immigration issues and start that process.

It's a big deal to the government because they are trying to protect the country, and they have to apply the rules to everyone, even people like you, who madly fell in love and was married, it's not personal, it's just keeping it safe.

I think it's unfair for people to use a non-immigrant visa to come here and get married, bypassing the wait, but they allow it, if you follow the rules, you did not, so you must follow them now. Only a lawyer can help you pick the right thing to do. Posters here gave you some opinions they have, based on past experiences.

Take your University up on their offer for help - that should save you some money.

I would suggest you proceed very carefully, if you make a mistake, you can be banned - as mentioned above. I would not try to "hide" your marriage, or lie about your intentions on other visas.

For example, if you come to the US, and tell the POE officer, "I'm here for visiting" or "I'm here for schooling", and then turn around and AOS - you can be in big trouble, since your "intent" was to immigrate, not visit or go to school.

Your biggest obstacle now is that your married all ready, and out of country.

You will need to have your husband apply for the CR-1/K-3 ASAP if you want to come back here legally, with the "intent" to immigrate.

Sorry if this isn't the droid your looking for!

[freak =) 0]

Maybe this will change my situation...but probably not.

When I started to collect info on the visa issue, my husband visited the JAG (Judge Advocate General) of the military. My husband is serving in the military right now.

They told him we have to file for I-130, I-485 and we did so.

Saturday we received a notice that the forms are rejected, because I filled in my address on I-485 not his.

We believed JAG would know what to. Now I know this procedure was wrong, since I was not in the US while filing for the I-485.

So, now if I turn in the I-130 with I-129F, do I also fill out the I.485, since we already paid the fee, or do I have to wait until I-129F is approved and have to pay the $1,010 again?

Thanks for all the help you're giving me!

In case some of you felt defensive by my previous print, I hope you understand that I am just quite frustrated. I have been accepted for a scholarship worth $16,000, then I lost this, luckily was able to get one for $10,500. Then it turns out JAG informed us about the wrong procedure....we lost quite a lot of time because of this...

[payxibka 10,045]

So, now if I turn in the I-130 with I-129F, do I also fill out the I.485, since we already paid the fee, or do I have to wait until I-129F is approved and have to pay the $1,010 again?

There is no ability to file the I-130 and the I-485 if you have no current status inside the USA.... The I-485 is to adjust your status from "A" to "B" ("B" being a permanent resident). Since you do not have "A," there is simply nothing that can be done with this form right now.