AOS from VWP

[RifleEyes 0]

My husband came here on a VWP in November of 2008, and left in February 2009. We got married in February while he was here. Now we're considering him visiting again on a VWP soon and were wondering if its possible to adjust status from this second VWP trip. Would there still be the question of intent to marry on our first VWP trip? It was indeed a spontaneous marriage. Are there particular reasons why doing it this way (instead of IR/CR1, K3, etc) would be advised against?

Thanks

[TayRivers 4]

My husband came here on a VWP in November of 2008, and left in February 2009. We got married in February while he was here. Now we're considering him visiting again on a VWP soon and were wondering if its possible to adjust status from this second VWP trip. Would there still be the question of intent to marry on our first VWP trip? It was indeed a spontaneous marriage. Are there particular reasons why doing it this way (instead of IR/CR1, K3, etc) would be advised against?

Thanks

The only way you could have filed for AOS from a VWP was if you had done it when you first got married. As he has since left the USA he can no longer do the AOS even if he came for another VISIT.

If you try to do AOS you will be commiting VISA FRAUD as you clearly have intent to enter on a VWP so that you do not have to file for the correct visa. The intent to remain is the Key here, if you enter with the intent to remain then you cant file for AOS and if you do you may well be found to be inadmissable because of misrepresentation at entry and be banned from the USA.

You best option is to file for a CR-1 or K-3 visa.

[RifleEyes 0]

No need to do the scare words on me, I've done my share of reading.

What I don't understand, however, is if he comes over here for a visit before we file the I-130, or if we file it while he's here, why we can't apply for adjustment of status. The terms of the VWP say that you cannot apply for adjustment of status unless you are an immediate relative of a US citizen. He is indeed my immediate relative, and we may not have had intention of him staying when he entered. My question then is how long are the AOS times and can he file a permit to work at the same time?

[payxibka 10,045]

No need to do the scare words on me, I've done my share of reading.

What I don't understand, however, is if he comes over here for a visit before we file the I-130, or if we file it while he's here, why we can't apply for adjustment of status. The terms of the VWP say that you cannot apply for adjustment of status unless you are an immediate relative of a US citizen. He is indeed my immediate relative, and we may not have had intention of him staying when he entered. My question then is how long are the AOS times and can he file a permit to work at the same time?

but on this next upcoming entry you do have intent.... and there in lies the difference.... What you are contemplating is using a non-immigrant visit to circumvent immigration law and that is simply not allowed.

[TayRivers 4]

No need to do the scare words on me, I've done my share of reading.

What I don't understand, however, is if he comes over here for a visit before we file the I-130, or if we file it while he's here, why we can't apply for adjustment of status. The terms of the VWP say that you cannot apply for adjustment of status unless you are an immediate relative of a US citizen. He is indeed my immediate relative, and we may not have had intention of him staying when he entered. My question then is how long are the AOS times and can he file a permit to work at the same time?

Matbe you should seek the help of a immigration lawyer. what you are planing is to commit Visa Fraud. You need to do a lot more reading of the immigration laws, yes you can file for AOS because he is a immediate relative, but not if he has abused the VWP with the intent to circumvent the immigration laws. If it was that easy for people from VWP countries to just arrive and then file for AOS, why do you think there would be 1000's of people waiting for the correct visa to enter the US and then file for AOS if all they had to do was hop on a plane.

I am not trying to scare you at all you asked a question I gave you the correct answer. What you are planning to do is against the law.

[Eshansmommy 2]

I came here on a VWP and we just got approved for the green card. But we never had the intention for me to stay when I came here last.

It's not about whether you get married with the intention to stay, it's about whether you visited with the intention to stay. At the time of the interview they will see the date of your wedding, and see that you got married before his last visit, most likely they will conclude that his intent was to stay, since you were already married. You should have adjusted his status while he was still here.

Your best and safest route right now is to let him apply for I-130(?) in his own country. I would not take any risks, by letting him come back, and then adjust. Your intentions are clear to us, and there's a lot of proof, you want him to stay when he comes again, and based on that, they will deny his visa, and maybe ban him or arrest him for fraud. You wouldn't that.

[Bobby+Umit 161]

No need to do the scare words on me, I've done my share of reading.

What I don't understand, however, is if he comes over here for a visit before we file the I-130, or if we file it while he's here, why we can't apply for adjustment of status. The terms of the VWP say that you cannot apply for adjustment of status unless you are an immediate relative of a US citizen. He is indeed my immediate relative, and we may not have had intention of him staying when he entered. My question then is how long are the AOS times and can he file a permit to work at the same time?

There is a need to use "scare" words. What your thinking is not in the spirit of the law.

Yes - if he came here on the VWP and suddenly got married, you could attempt to AOS, and probably pull it off. However, he left. All bets are off now.

Now, your planning on returning again on the VWP and attempt the AOS. Your very posts above point to this!

Seems like USCIS would have a case of misrepresentation to me.

What will your husband say to the CBP question, "purpose of visit?". Will he say, "oh - to visit my USC wife"?

Terms of the VWP also state your only coming here for 90 days for business or pleasure. This second trip will be in violation of what you know.

If your still unsure, have your husband contact the local US embassy in his country and ask them what they think, if your correct, no issues, if not...

You may pull it off - but be prepared for any consequences.

AOS times varies - yes - EAD is usually requested when you attempt to AOS.

Edited May 29, 2009 by Bobby_Umit

[Krikit 1,164]

Moving to the AOS From Other Visas forum.

Welcome to VJ, RifleEyes.

[bantam 0]

How will your husband get in using VWP without having to lie? Sounds like you guys already have the immigration mindset before he even comes. Might as well have an immigration visa to go with it.

[trillium13 84]

No need to do the scare words on me, I've done my share of reading.

What I don't understand, however, is if he comes over here for a visit before we file the I-130, or if we file it while he's here, why we can't apply for adjustment of status. The terms of the VWP say that you cannot apply for adjustment of status unless you are an immediate relative of a US citizen. He is indeed my immediate relative, and we may not have had intention of him staying when he entered. My question then is how long are the AOS times and can he file a permit to work at the same time?

It makes no difference what his intent was on his first trip. He's no longer here in the country, so that point is moot. What will matter, is his intent on entering for the second trip, which you are telling us is for him to try to adjust status. This IS visa fraud. Had you tried to do AOS while he was still on his first trip, you very well could have been successful. But you lost that chance. You no longer HAVE that option. If this was legal to adjust this way, do you really think everyone would be going through the long process of getting K-1s or K-3's and so on?

If you try to do it this way, you SHOULD be scared. There are a good number of people here who have a lot more experience with this than you do. They know what they are talking about. Listen to them.

[RifleEyes 0]

I see. Thanks for your replies. However, what everyone makes it sound like is if you're even /aware/ that you can apply for AOS while on a VWP, you're in trouble. Like in fact you should banish the knowledge from your head when you enter. This is a silly idea, and we're just trying to cover our bases.

Is it in fact possible to start the I-130 process while he is here on a VWP or is that risky as well? Is he allowed to visit on a VWP after I have filed an I-130? Will either of these arouse suspicion?

[TayRivers 4]

I see. Thanks for your replies. However, what everyone makes it sound like is if you're even /aware/ that you can apply for AOS while on a VWP, you're in trouble. Like in fact you should banish the knowledge from your head when you enter. This is a silly idea, and we're just trying to cover our bases.

Is it in fact possible to start the I-130 process while he is here on a VWP or is that risky as well? Is he allowed to visit on a VWP after I have filed an I-130? Will either of these arouse suspicion?

There is nothing to stop you from filing the I-130 once he is here for is visit. Just make sure he leaves the US before the expiry date on his I-94w.

Also make sure he has plenty of evidence that he intends to return to his home country at the end of his visit, Things like letter from his employer say they expect him to return on a given date, copy of his rental lease or mortgage. If he gets to the POE and the officer does not let him enter the USA, he will be held until the next flight back to his home country, The cost of the flight home will be at his expense, he will be escorted to the plane and he will not be allowed to use the VWP again.

So make sure he has that proof that he will leave.

[rebeccajo 14]

I'd say it's unlikely he would even be admitted.

[TayRivers 4]

I'd say it's unlikely he would even be admitted.

That's my thinking too, but she wanted the info and I guess its up to them to do what they will do, right or wrong