AOS after marrying on VWP - has anyone here had problems?

[Melian 0]

I know that it's legal if there wasn't an intent to stay when the person entered the country, and illegal if they did intend to stay at that time - but I'm wondering how often USCIS assumes the latter was the case. Has anyone who posts here tried to adjust status and been suspected of fraud? Anyone know someone who has? What happened? What evidence, if any, did they ask for to prove there wasn't any intent to immigrate?

Edited April 9, 2009 by Melian

[TayRivers 4]

I know that it's legal if there wasn't an intent to stay when the person entered the country, and illegal if they did intend to stay at that time - but I'm wondering how often USCIS assumes the latter was the case. Has anyone who posts here tried to adjust status and been suspected of fraud? Anyone know someone who has? What happened? What evidence, if any, did they ask for to prove there wasn't any intent to immigrate?

Seen many people do it over the years, never seen anyone accused of fraud or been denied for doing AOS from a VWP/Tourist visa, some have had other issues but not just about the VWP.

[EtherealVocalist 0]

My husband and I are adjusting from VWP, our interview is on 4/21/09. I cannot judge people's "conscience" or "what was the intent when first entering on the VWP" but we are prepared with the required documents to prove that he was due to go back home. His parents wrote a letter saying they were expecting him to come home so he could attend university. We have printed his return ticket and also a form from his University showing the classes he was enrolled for upon his return.

This subject is a touchy one on this forum - I posted before on this subject and got some heat from it... I think it angers people that have applied from the K-1 or the K-3 and the majority say that when people get married on the VWP, they are using a "forbidden" backdoor to avoid being separated while waiting. There are some risks... In the event of AOS denial, there is no possibility to "appeal" the decision. I have not heard nor read on this forum any denial due to VWP adjustement. Although, if you had a criminal record, or anything that look suspicious to the IO, you might get denied - but that is most likely not related by you adjusting on the VWP, the same scrutiny applies to everyone, and all have to go through an interview... It's about making sure that you have covered all the corners with documentation and ready to give it if asked for.

Good luck!

[English Muffin 59]

Moving to correct forum.

[Bobby+Umit 161]

I know of one case, personally, where the beneficiary (German national/VWP) was denied AOS after marrying in the US and was given a 3 year ban for misrepresenting himself at the POE. He said he was here to visit, but they didn't believe his "proof". He had no criminal record, or anything that would "flag" him.

So now him and his wife are waiting for the ban to expire so they can be together in the US.

I have posted about this several times in this forum. (I have asked them to post here personally, and share their experiences, but they do not want to "drama" their lives anymore than necessary)

Most people get through, but I would not count on it to be a "sure" thing.

If they do "trigger" on you, then you have no recourse, the decision is final.

[Goldfee111 3]

bobby what did he do on the poe..when he married in the us he was allready in the us??did he went back to germany and tried to come in again???

if u are married u have to stay until u get the gc or the ap

[sasaqlain 24]

A Topic I am interested in too. I Am traveling the same band-wagon and the worse case scenario is indeed scary. If there is no possibility against appeal, such a gamble is surely something that should be avoided. Unfortunately, Its too late for us. Have already filed and five months gone, I just can't abandon it. The burden of proof surely lies on us. But what would be the chances like for B-1/B2/VWP against such odds? especially if the cases are legit.

[Bobby+Umit 161]

bobby what did he do on the poe..when he married in the us he was allready in the us??did he went back to germany and tried to come in again???

if u are married u have to stay until u get the gc or the ap

From what I was told he came to "visit" but really came to get married, they planned on him going back to germany after the marriage/AOS/AP, and during their interview, the officer didn't believe him.

Either he got a real hard case interviewer, or he was not really prepared to answer the questions. (?) - they really didn't go into detail why.

They were married after 60 days of his 90 days of authorized stay, if that matters.

So he was sent home. (they are in year 2 now).

There is another case on this forum where the 130 was approved, but the 485 was not, and it was sent to the beneficiary's home consulate. She was here on a visitors visa. Last post she mentioned that her lawyer was trying to do something about it.

But you are correct, if you attempt to marry, you should not leave till you have the AP or GC.

Each case is different, but the OP will have to make the decision if it's right for them.

[Goldfee111 3]

bobby as u know i also married on VWP and they asked me nothing about the intent to come...also the other persons i know questioned only how they met,how long they dating and things like that...so its really bad when u get a officer like that in the interview

and so its always good to be prepared and have enough evidence that u planned to go back...

iam really sorry for ur friend

[pomola 0]

If it's of any interest -- somewhat acting in hasty ignorance, my husband and I married here in the States in 2004 while I was on one of many visits thru VWP (I'm a UK citizen).

We were traveling overseas a lot and didn't check things out very carefully, and the marriage was kind of spontaneous. In fact I came into the USA about 5 times on VWP, 4 times before marriage, and twice afterwards (once before filing petitions, once afterwards), and I was questioned VERY closely most of those times. (and I was always careful to dress neatly etc) When we went to the lawyer (before I discovered Visajourney!) they did a double-take and told me the only wise thing was to leave and apply from the UK, otherwise I could face a ban, as it was highly unlikely immigration would believe I hadn't planned to stay on after being married.

So I went back to the UK, and it took another 11 months before I could 'officially' come back to the States. During those long months, I did take the risk of coming in to the USA for another 3 months on VWP, and my husband visited me in the UK. I WAS interrogated at the US border, but somehow the dots weren't connected - I don't know if that was luck or lousy computing networks! They didn't ask me anything about marriage, but I did have extensive proofs (banking etc) of roots in the UK and other countries still.

I think that it was once my file hit the NVC I didn't enter the USA again on VWP. It was too nerve-wracking, and I suggest that unless you want to gamble away your chance to be with the person you love, you play by the rules.

The wait was tough, with the London embassy misplacing our papers too, but it all worked out in the end. And 2 years later, removing conditions was almost instantaneous, by comparison -- largely I guess because by then we had a baby also.

It feels interminably long to have to wait, but I hate to think what it's like to be banned completely...

Good luck!

[sasaqlain 24]

Ha Ha..... Not easy, is it. One member would just shoot your Blood Pressure and another shared experience would bring it down instantaniously. Lets C what awaits me. Adjusting Status from Tourist and that too within weeks:) Honestly, I dont care about the Ban. My wife is from my Home country and thus its OK if we have to go back for good. About to become a Daddy. Thats the treasure I take back with me. I am gonna look the IO in the eyes when answering his questions. Having a a full suitcase of all sorts of evidence cant compete with just a paper sonoscan of your child:) Thats one case decided. Yes, entering with the intent to adjust status. Now thats something to frown upon. My Advice. Stay away from lawyers. They can't stop the inevitable. They are just an expensive pain-killer to an incurable cancer.

[Anh map 2,098]

Not to be argumentative but how does a sonogram of a developing child help the interviewer determine the intent in favor of the beneficiary?

[sasaqlain 24]

Not the intent. But 1000% the legitimacy of the marriage. Should have read my post carefully.

[Goldfee111 3]

i personaly dont know any case wich immigrate from VWP wich was asked in the interview about their intent..they only ask for proof of the bona fide of marriage..sure things can happen like in the case of bobbys friend..but i never heard about it...

and when u read the instructions under K for 485 there u can read that its ok to file aos under tourist visa if ur spouse is us citizen...

so and saspak is right...a child really proofs that a marriage is real...i have no doubts that he will get approved

good luck for all and god bless you

[sasaqlain 24]

Thank you Goldfee111 Your encouraging reply is appreciated. And Congrats on your GC. Hope you can say the same to me one day:) Take care and God Bless