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

[christera22 8]

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....

Bobby a silly question .......what do you mean by saying "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) " .................. As far as i have seen overstay doesnt affect success of AOS. Many people has done that. E.G. I was married within my I-94 period. My I-94 expired on June 12th and i got married on 9th June,08. cdnt apply due to shortage of money till March,09 BUt... but yes if the marriage has taken place before thes I-94 expired or not , matters ... right ?

There seems to be problem in cases where alien overstays eyond his I-94 date and then marries... What do you say ??

Edited April 27, 2009 by christera22

[TayRivers 4]

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.

Well if she had no intent to remain at the time of her last entry to the US then there is nothing to stop her from filing for AOS once here.

The fact that they were already married does not mean that they can do AOS after a NO INTENT ENTRY into the US.

I have seen this done many times and All have been granted their greencards with no questions asked about their entry at the interview.

All comes down to the intent at entry no when and where they got married.

[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....

Bobby a silly question .......what do you mean by saying "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) " .................. As far as i have seen overstay doesnt affect success of AOS. Many people has done that. E.G. I was married within my I-94 period. My I-94 expired on June 12th and i got married on 9th June,08. cdnt apply due to shortage of money till March,09 BUt... but yes if the marriage has taken place before thes I-94 expired or not , matters ... right ?

There seems to be problem in cases where alien overstays eyond his I-94 date and then marries... What do you say ??

I made a mistake when typing that, I should of said "findings of fraud upon entry, criminal record, things like that"

If your married to an USC, overstay is generally forgiven. (LPR's it is not) - However, even if you have the AP, if you had more than 180+ of "out of status" between the date of the I-94 and the NOA of the AOS, you would not want to use the AP, as you will be subjected to bans because of the overstay. (so if you take more than 6 months pass your expiration of authorized stay to file the AOS, do not attempt to leave the US until you have the greencard)

That is about the only time I see overstay affecting you when married to an USC. Of course there could be problems with ICE/CBP checkpoints (there are some posts here where that happened) even if your married, but haven't received the NOA yet (outside of your authorized stay).

[christera22 8]

Bobby thanks for replying .........again one simple question.... whats "findings of fraud upon entry" ....like when i entered i was indeed coming to attend fairs, book launches for the 1st time, but i also came to know her personally. Now 2nd time i came for the same fair & book stuff but by then we were in love. The marriage though was impromptu and though we originally was planning to do a K1 but had to be done due to her surgery stuff.I needed 5 months for my total fair things to end, so i asked the same at the POE and i said that i also have a return plane ticket after 5 months and showed him the itenary but he laughed and said well pls apply for a extension then & gave me 3 months

Thus how do they determine fraud at POE ?? what kind of frauds...?

Edited April 27, 2009 by christera22

[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.

Well if she had no intent to remain at the time of her last entry to the US then there is nothing to stop her from filing for AOS once here.

The fact that they were already married does not mean that they can do AOS after a NO INTENT ENTRY into the US.

I have seen this done many times and All have been granted their greencards with no questions asked about their entry at the interview.

All comes down to the intent at entry no when and where they got married.

Well, of course she intended to stay. Her husband returned to the U.S. after the ceremony, and she basically just moved here a couple of months later. That's one thing I do know.

You would think that, if the officer sees that she entered the U.S. just a couple of months after her wedding outside of the U.S., this would raise a red flag about intent. How could it not otherwise?

And for that matter, who gets married in their native country and then follows his/her U.S. citizen spouse into the U.S. a couple of months later and isn't going to want to stay? "No, honey, I'll go back and we'll file for a CR-1. It'll only be a year that we're apart."

[Bobby+Umit 161]

Bobby thanks for replying .........again one simple question.... whats "findings of fraud upon entry" ....like when i entered i was indeed coming to attend fairs, book launches for the 1st time, but i also came to know her personally. Now 2nd time i came for the same fair & book stuff but by then we were in love. The marriage though was impromptu and though we originally was planning to do a K1 but had to be done due to her surgery stuff.I needed 5 months for my total fair things to end, so i asked the same at the POE and i said that i also have a return plane ticket after 5 months and showed him the itenary but he laughed and said well pls apply for a extension then & gave me 3 months

Thus how do they determine fraud at POE ?? what kind of frauds...?

In your case, it looks pretty straight foward, so I wouldn't worry about it.

"Findings of fraud" could be a misreprestation on the form, what you said to the CBP officer, things like that.

It's really up to the person judging your case. Not me

Do a google search (485 denied, what can i do?), and read through some of the cases.

Some denials are simple cases of just leaving out needed documents, or not answering RFE's in a timely manner.

There are some that are denied because the person was in the process of being deported and they somehow got "married" and attempted to AOS while that was going on.