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

[unforgettable fire 2]

I adjusted from VWP and I never had any problems. Good luck with your journey!!!

[sasaqlain 24]

Unforgetable Fire: Congratulations and Thank you for your encouragement. Would you care to share your experience with us. I am awaiting my interview and would like to know what you went through, so as to prepare myself for it accordingly.

[Goldfee111 3]

saspak i hope i can answer also

my interview was really short and nice..the lady went through the papers with me ans asked about how we met...after that she asked for some evidence and i gave her pics and some bills ..she copy that and we were done...

[Melian 0]

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.

So do you mean that he told them he planned to go back to Germany after the marriage? Did he say that they'd planned on marrying when he entered the US, then?

[clolita 0]

I'm also a VWP adjuster. We had our interview in early March, and where approved after a few weeks. While I didn't directly encounter problems about my VW, I have to say that it still wasn't easy. Though I got the feeling that the IO was confused about my status upon entry. He asked me, and I said I was a visitor (my heart dropped at that moment, I was bracing myself to take out all the evidence that I had no intent). Then he asked whether I had a visa. I said no, I came with a VW. He asked if I used a B1 or B2, again I said no, I was a visitor on the VWP. Later he didn't seem pleased that my parents didn't attend our wedding: but how could they? As I came on a VW, it was a spontaneous wedding. I am still unsure of whether he understood the concept of me having an unplanned, VW based wedding.

I also was asked some Stokes questions (yes, my husband was in the room, but he wasn't allowed to speak).

Looking back I'm not sure if I would do it again, to be honest. I do have my GC now, and I am very happy of course. But all these nights of worry and doubt, and the panic when I learned about the consequences I could be facing - that was not easy. I was very depressed and often hopeless, even though I knew my husband and me hadn't done anything wrong. It's just... the fear gets to you.

I wish you all the best.

Edited April 13, 2009 by clolita

[Bobby+Umit 161]

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.

So do you mean that he told them he planned to go back to Germany after the marriage? Did he say that they'd planned on marrying when he entered the US, then?

No, he told the Officer at the POE he was just here for visiting, but he (knew) he was actually coming to get married, and AoS. (he didn't say that to the Officer)

Something happened in their interview (they are not clear what was said to me) and "mis-representation at POE - denied".

It happens - not all the time, but once is enough to stop me from attempting this (yes, I thought Umit could come on over on a visitors visa, wait 3 months or so, then get married, yay.. Lawyer/friends tossed cold water on me and said, "don't risk it..."

So - I didn't

But all power/peace to anyone that does !

I hope everyone gets together with their loved ones - I just don't want to give them the impression that it's a "slamdunk" to do this. Because I am just some guy on the internet

[Bobby+Umit 161]

Ok - I called CBP for clarification on this VWP/Marriage/AOS thing.

If the person coming in on the VWP didn't intend on marrying (similar to the visitors visa for example) on entry, and gets married to an USC,

they can invoke the Section 10, K. instruction on the 485 to AOS legally.

As long as they are married to an USC, and they haven't met any of the other criteria that would make them ineligible to AOS - (For example, overstay of their authorized stay).

The key thing is that the person applying has to be an "immediate relative" of a USC. LPR's(people in the process of AOS) do not fall under this. Only USC's can AOS VWP people.

Just make sure you can prove you didn't come with the intent to marry and you should be gold!

Unfortunately, that guy I know didn't follow that rule, and paid the price....

[unforgettable fire 2]

My experience:

Came here to visit my then boyfriend (now husband) and spend Xmas with him and the rest of my friends. He proposed and I decided to stay, that was the difficult part because I had a great job back in the UK and all my belongings and my apartment and what not...

Anyways we applied for adjustment of status in March 2008, by May 2008 I got my AP and EAD. We received the interview letter in August and in October I had my interview.

The interview was a piece of cake, we were lucky to have a good officer. She complimented the way I prepared all the documents, we were there 5 minutes and she approved us on the spot.

Hope this helps!!!

[Melian 0]

Thanks for your responses everyone! Unforgettable fire - did the officer ask for proof? What did you have to show him?

Bobby - do you know what proof your friend had to show? My fiance is in the US now, and has a job to go back to and a return ticket, but moved in with his parents back in November, which cuts down on the proof we have that he planned to go back, unfortunately.

[EtherealVocalist 0]

My husband and I are adjusting from the VWP.

The interview is on 04/21/09 ( Next Tuesday ) and we are extremely nervous. we have everything ( and more ) in a box ready to dish out any type of evidence(s) if the IO asks for something! It's very un-powering to know that your future rests in a stranger's hands... I hate to feel this way.

But my husband and I have a bonafide marriage, real and very honest. Adjusting from the VWP is a pain actually - we had to have his parents ship boxes - we had to deal with the fact they couldn't attend ( but we promised that we'll have a reception this summer for them when we visit them in Germany ) etc... It's not a route I recommend to people especially the fact that you cannot appeal a denial.... It's nerve wrecking.

I'll keep you guys posted Send us many warm and positive thoughts

[Jon&Lindsey 0]

Good luck, EtherealVocalist!

I also adjusted from VWP and it was a scary process. We were extremely worried before the interview, but we actually had a very easy, simple interview. We were asked to show proof of our marriage and that was it, basically, no questions about my status, intentions or our relationship (like how we met, who proposed etc). We genuinely had no intention of me remaining here, and based our decision to adjust from VWP on a phone call my husband made to USCIS the day we got married, asking what we should do in order to live together in the US. We were totally open to the idea of me returning, as we had no idea what the process would involve. The lady said file for AOS just as soon as possible, and gave the impression it was no big deal, so I stayed since we thought we were being told by a reliable source (though I have since found that not everything these phone operators say is true!) that it was fine for me to stay. It wasn't until much later that we found out about the issue of intention, and evidence was a bit of a problem for us as although I really did intend to return, I lived with my parents and ran my own business, so we therefore didn't have any proof of employment or living arrangements to show, just things related to my business, which I did not think were as good proof as a letter from a third party employer expecting their employee back. Because of this, although we had done nothing wrong, we were very stressed out before the interview. Now I know more about the possible problems and effects of denial, I'm not sure we would have done it. I feel we were very lucky to be able to do this and have the time we have had together not apart and that I got my GC so quickly, but even if you are doing it the correct way (truely changing your mind after entering intending to leave again) it's not an easy or risk-free procedure.

[unforgettable fire 2]

Thanks for your responses everyone! Unforgettable fire - did the officer ask for proof? What did you have to show him?

I didn't have to show any proof. They didn't ask for anything since I already submitted all the proof when i applied for AOS.

The officer was satisfied with all the documents (I.e joint finances, tenancy agreement, recent purchases together like two cars, etc...). All she asked when we went in was to swear to tell the truth as well as our IDs and SSNs.

GOOD LUCK EtherealVocalist!!!

Edited April 16, 2009 by unforgettable fire

[Goldfee111 3]

same here..they didnt ask anyhting about my status or proofs about the intent...i guess a returning ticket will be not a proofe because its not a big deal to let it go...

a proof would be a work contract rent for an apartment usw

but really they only asked us how we met where we met and thats it....the officer was really nice...and iam soooooooooo glad that its done really...

ethernal...u will be fine too..no doubts..send a mail when u are done pls

good luck and i pray for u too

[Govtman 0]

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.

Bobby, do you think this only applies to people on VWPs and no other categories, e.g., B1, B2, etc?

Also, seems like some of the stautes that were previously quoted or referenced only pertainted to "Marriage Fraud"...most of the people here are hopefully not involved in those scams...but it doesn't seem like someone coming to the US on a tourist visa than spontaneously getting married, even though they are still employed back in their country and have an apartment, family, etc, could not be considered marriage fraud...even if they intended on marriage when they entered the country...

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.

So do you mean that he told them he planned to go back to Germany after the marriage? Did he say that they'd planned on marrying when he entered the US, then?

No, he told the Officer at the POE he was just here for visiting, but he (knew) he was actually coming to get married, and AoS. (he didn't say that to the Officer)

Something happened in their interview (they are not clear what was said to me) and "mis-representation at POE - denied".

It happens - not all the time, but once is enough to stop me from attempting this (yes, I thought Umit could come on over on a visitors visa, wait 3 months or so, then get married, yay.. Lawyer/friends tossed cold water on me and said, "don't risk it..."

So - I didn't

But all power/peace to anyone that does !

I hope everyone gets together with their loved ones - I just don't want to give them the impression that it's a "slamdunk" to do this. Because I am just some guy on the internet

[James 2]

I've come across an odd situation I thought I'd share. An acquaintance of my wife's met her husband here in the U.S. last year while visiting on a tourist visa from Colombia. They got engaged and she went back to Colombia. He then went down there, where they got married. After a couple of months, she came back here on her tourist visa.

She has applied for AOS (through an attorney) and has already gotten her work authorization. My wife said something about them getting married over here as well after the marriage in Colombia, but I don't know if they did. In any event, I can't imagine the officer conducting the AOS will not be able to ferret out such blatant visa fraud, but who knows. Maybe her attorney specializes in visa fraud.