AOS from VWP

[loth 0]

I married a USC and right now I'm adjusting from VWP and I've read on many topics here on VJ that 'you need proof of intent' that you came here legally at the interview.

How do you show proof of intent?

My concerns are, im 23 and i live with my parents, Ive never worked before and i dont own a car/property etc. But i do have a child back in Australia.. would that be enough? I know it will be awhile away before the interview since i just sent the AOS package..

Now I'm getting worried that they might mistake my intention that i did come here for a GC since i don't have (or seems like) enough proof that our marriage was spontaneous due to the lack of ties back home.

[chantpleure 0]

Well, you do have a child back at home.. I would say that's a pretty big tie! When you entered the US did you visit thinking that you would end up getting married or was it spontaneous?

[loth 0]

when i came here on VWP it was spontaneous, i didnt intend on getting married or even thought of it. It was a big suprise when my husband proposed to me! We had a small ceremony and im the type to have the BIG PRINCESS WEDDING! So i know that my intent was legal.

But from what i read on VJ, everyone has evidence of property, work, school etc back at home.

[MNCouple 3]

My fiance came in on the VWP. Do you have proof of a return flight?

Do you have bank accounts back home that are still open and active? What about a cell phone plan? If you can show that all your "living" necessities remained open and active, then that is also useful since you didn't have a job/property stuff.

The fact that you have a child back home is also a good sign that you weren't planning on just running off with someone

[loth 0]

yes i do have a return ticket! and bank accounts

ty so much! i feel so much better now

[Bobby+Umit 161]

I married a USC and right now I'm adjusting from VWP and I've read on many topics here on VJ that 'you need proof of intent' that you came here legally at the interview.

How do you show proof of intent?

My concerns are, im 23 and i live with my parents, Ive never worked before and i dont own a car/property etc. But i do have a child back in Australia.. would that be enough? I know it will be awhile away before the interview since i just sent the AOS package..

Now I'm getting worried that they might mistake my intention that i did come here for a GC since i don't have (or seems like) enough proof that our marriage was spontaneous due to the lack of ties back home.

"preconceived intent" won't be used against you, as long as you have no other negative factors. (like misrepresentation) and you married an USC.

If that is all you have to worry about, don't.

• Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) .

In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

[^KK^ 3]

You can always go back home and apply as I-130 or I-129. Just a thought.

[bantam 0]

A better thought would be to do it here and stay with your spouse unless you like to spend more money than you need to and enjoy being apart.

[trillium13 84]

My husband adjusted from a VWP. We weren't even asked about it at interview. I realize that everyone's case is different, but I just thought I would mention.

[teagirl 0]

We also weren't asked any questions about that. I would say that if you case is pretty straightforward and it is clear that you're in a real and lasting relationship, you shouldn't have anything to worry about. I think it's important to have your application in good order and to enclose a one-page narration about your relationship and how you came to get married here in the US. Although you might not be asked these tough questions, be prepared and have all the evidence with you that you might need when you go to your interview.