Adjustment of Status with VWP?

[Brother Hesekiel 2,236]

Howdy!

On the German visa site there's a disagreement whether or not a person that entered the USA not with a B2 visa, but with a Visa Waiver (valid for 90 days max) is allowed to apply for adjustment of status. More precisely: a woman enters the US with a VW, then marries her fiancee, a US citizen, while here on vacation. Can she then apply for AOS or would she have to return to her country and wait?

To be frank, I don't have a clue. Does any of you know?

[milimelo 4,477]

If there was no intention from her side to get married and stay (which would entail quitting the job, breaking apartment lease, closing bank accounts etc) and she can prove this to USCIS then she can adjust. Otherwise, no.

[rooster 1]

It is possible to do this as long as the original intent was not to get married, only visit. They would have to prove to USCIS that they did not have any intent to get married when the alien entered the US.

[Marina-Del 10]

Howdy!

On the German visa site there's a disagreement whether or not a person that entered the USA not with a B2 visa, but with a Visa Waiver (valid for 90 days max) is allowed to apply for adjustment of status. More precisely: a woman enters the US with a VW, then marries her fiancee, a US citizen, while here on vacation. Can she then apply for AOS or would she have to return to her country and wait?

To be frank, I don't have a clue. Does any of you know?

As other said, if the German citizen came to the US only to VISIT and not with the intent to immigrate (and she can prove this to USCIS) then she can file AOS. To prove that you are coming only to visit and not to immigrate you would need to show original intent to return to Germany (a job waiting for her there, a house, kids left there, other large belongings (like car, land, boat, ect), a rental agreement, any other type of contracts, return ticket home). Obviously not every one of these things would be required, but definitely more than one of them would be needed. Another way to prove that you weren't intended to marry is if you didn't even know the person you married until you got to the US! Like if they came as a tourist, stayed for 3 months, and 2 weeks into it meet the man of their dreams, decide to get married spur of the moment and stay.

However, you specifically say above that the woman would be coming to the US to visit her *fiance*. While it is totally legal to marry and AOS while on the VWP (as long as there was not original intent to marry) it is often times very difficult to prove this. Especially since they were engaged before the German came to the US to "visit". They were engaged before the visit, so USCIS is going to need extra convincing that the marriage was not premeditated.

And if you lie to them (ie. the married was premeditated and you tell them that it was not) then this is committing visa fraud and can result in very harsh bans from the US (read lifetime!) for the Non-USC and large fines and potential jail time for the USC. We NEVER recommend trying to cheat the system on VJ because 1. it's illegal and 2. it's too risky!!!

[Kathryn41 3,205]

moved from K-1 visa process forum to more appropriate forum

[Gary and Alla 3,694]

Howdy!

On the German visa site there's a disagreement whether or not a person that entered the USA not with a B2 visa, but with a Visa Waiver (valid for 90 days max) is allowed to apply for adjustment of status. More precisely: a woman enters the US with a VW, then marries her fiancee, a US citizen, while here on vacation. Can she then apply for AOS or would she have to return to her country and wait?

To be frank, I don't have a clue. Does any of you know?

IF she enters on the VWP WITH the intent to marry and file for AOS it is visa fraud and she can be deported and barred from any future entry to the USA.

IF she enters with no intent to marry and, during her 90 day visit, meets, falls in love with and marries an American, YES she can file for adjustment of status. It is the couples burden to prove they had no intent to marry before her entering on the VWP.

She can also, enter on the VWP, get married, stay for the duration of her visit and return to Germany while her hsuband files for a spousal visa and can visit during this time on the VWP.