Married on Visa Waiver (Advice Needed)

[sk28 1]

O wow,

I am reading all this and I have to put my two cents on it I have a 2 VWP stamps in my passport one from 2002 marked as WT and another one from 2002 marked as WB. About intent there is a BIA ruling that states if there are now other derogatory facts on application, except intent, the visa is granted.

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

I think it has been ruled on B-1 but it is applied on all immediate family immigration

[recentlymarried!! 0]

O wow,

I am reading all this and I have to put my two cents on it I have a 2 VWP stamps in my passport one from 2002 marked as WT and another one from 2002 marked as WB. About intent there is a BIA ruling that states if there are now other derogatory facts on application, except intent, the visa is granted.

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

I think it has been ruled on B-1 but it is applied on all immediate family immigration

Yes I too have to agree. All the VWP stamps I have in my passport (6 altogether) all have WT written on them, one has WB.

[lechatnoir 0]

I didn't realize it but I just looked at my husband's passport and sure enough on both his US entry stamps it has WT stamped on it. But I'm confused... why are we discussing this WT and WB issue?

[skillet 0]

Jason,

1) "They" don't like it, but it's legal to get married on a VW, if you leave the country afterward.

You did, so you're okay here.

2) "They don't like it, but it's legal to adjust status from a VW, if you didn't have intention to stay.

You stated that you learned your wife is pregnant, and THAT IS THE SURPRISING REASON you now want to stay with your wife. I buy that. As an IO officer, however, I want to see that it came as a surprise. They will let you stay and adjust status, no doubt, but at the up-and-coming interview they will want to see proof that you actually need to go back to The Kingdom. Is your flat still waiting for you? Your job? Your "stuff?" You'll need to show proof of that.

Wish you the best

first congrats to the original poster !!!

... my girlfriend... now fiancee' trying to figure all this out as well,

she is from England, I am from the US... we have been long distance dating for over a year and a half, in that time she has been here 4 times, once on a 10 day, once on a 17 day, once on a 90 day went back for 6 weeks and we are now in the middle of a 90 day, I have been there on a 14 day, I have proposed to her and she has excepted we now are in the what to do point... she does own a home over there ( so there are mortgage papers ) with the normal bank accounts and pensions and all,

is it best to get married and then file the I-30, go for CR1 and or see/file with a lawyer??

we did talk to 1 lawyer and they said no problems they file all the forms and done.. a couple interviews and we should pass, can we do it with out paying the lawyer the extra cash... will it make a difference??

thanks...

and again congrats to you and good luck on the new baby

Edited October 2, 2009 by skillet

[skillet 0]

Jason,

1) "They" don't like it, but it's legal to get married on a VW, if you leave the country afterward.

You did, so you're okay here.

2) "They don't like it, but it's legal to adjust status from a VW, if you didn't have intention to stay.

You stated that you learned your wife is pregnant, and THAT IS THE SURPRISING REASON you now want to stay with your wife. I buy that. As an IO officer, however, I want to see that it came as a surprise. They will let you stay and adjust status, no doubt, but at the up-and-coming interview they will want to see proof that you actually need to go back to The Kingdom. Is your flat still waiting for you? Your job? Your "stuff?" You'll need to show proof of that.

Wish you the best

first congrats to the original poster !!!

... my girlfriend... now fiancee' trying to figure all this out as well,

she is from England, I am from the US... we have been long distance dating for over a year and a half, in that time she has been here 4 times, once on a 10 day, once on a 17 day, once on a 90 day went back for 6 weeks and we are now in the middle of a 90 day, I have been there on a 14 day, I have proposed to her and she has excepted we now are in the what to do point... she does own a home over there ( so there are mortgage papers ) with the normal bank accounts and pensions and all,

is it best to get married and then file the I-30, go for CR1 and or see/file with a lawyer??

we did talk to 1 lawyer and they said no problems they file all the forms and done.. a couple interviews and we should pass, can we do it with out paying the lawyer the extra cash... will it make a difference??

thanks...

and again congrats to you and good luck on the new baby

ok...

so get married... small civil wedding ok... then file I-130 petition... once accepted then file I-485... yes??

[Christi and Ian 24]

I have just got married to my wife who is an American back in June 2009.

After my 90 days I returned home as I am only allowed to stay 90 days on the Visa waiver which I came over on.

After 3 weeks back in the United Kingdom I have just returned to the USA to be with my wife on another Visa Waiver. I have just found out that we are expecting a baby and I have apllied for resident status and have filed an I- 130 FORM today.

Im not sure what to expect other than interviews to make sure the marriage is all above board which it is.

I have 89 days left on my Visa waiver and Im really praying to God that they will let me adjust my status and let me stay legally after the 90 days are up.

We realise now that we should of filed for a k 1 visa before we got married and thats where we made the mistake.

But it was a genuine mistake.

Were both law abiding people with clean records and would never want to commit visa fraud.

But whats done is done now and I really dont want to go back to the United Kingdom after 90 days and keep traveling back and forth every time 90 days elapses.

Is there anyone else out there thats been in this situation?

Please let me know how you got on and what the outcome was...

Many Kind Regards

JR.

Your situation is almost identical to mine. He traveled here on a Visa Waiver, and we were also married in June. We hired an immigration firm to find out what our options were.

Unfortunately, the only viable option was for him to travel back to the UK and then file the I-130 and then either the K-3 or CR-1. We opted for the K-3 since will get him back here slightly sooner. As far as I can tell, the entire process is currently taking 5-6 months, barring any unforeseen problems.

We inquired whether or not he would be able to travel to the US to visit me while the immigration process was going on, and were told that we could try, but the odds were that he would be turned away at customs...instead, I'm traveling to visit him in England in December - the midpoint of our Visa Journey...

I know it's not the greatest news, but, really, what's six-months compared to the rest of your lives?

Wish I could be more help - we're just beginning this process ourselves.

[Christi and Ian 24]

As a side note - we were married 15 days after he landed - the attorney told us if we had waited another month, we could have filed for an Adjustment of Status. It did not matter that he held a ticket for the return home, or owned a business in the UK. We were advised to file the I-130 through the UK - and like you, we are absolutely clean. I even work for County Government and have had a full live-scan background check and have been fingerprinted already - it doesn't matter - especially since you left and came back on the waiver...

[Melian 0]

For what it's worth, we got married while my husband was visiting on the VWP, adjusted status, and were approved. We brought evidence that he was only originally here to visit to the interview (contract showing he had a job to go back to, etc.) but the IO never even asked about intent. We were married on the 56th day after he arrived in the U.S.. I'm not advocating trying to adjust status *without* any evidence you planned to return, though - even though, from what I've heard, they rarely ask about intent, it's just too risky if they do and you don't have evidence.

YMMV, but in our case, a lawyer would have, at best, been a waste of money and, at worst, told us it was impossible to do what we actually did with little trouble at all.

[Melian 0]

Also - regarding getting married - although a huge, elaborate wedding that looks as if it's been planned for two years might work against you because of the "intent" thing, bear in mind that the main thing the IO is looking for at an interview is usually a bonafide marriage, and being able to show some wedding photos which include family and friends, etc., helps that. Although our wedding was planned on short notice, we still had a (small) reception with cake, dancing, etc. and therefore nice photos to show the IO (and nice memories)!

[Rixxyccfc 0]

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

1. The OP, who seems to have been scared off, never said when he found out.

2. It could have been the day he arrived, unlikely but possible.

3. I can think of a few cases where adjustments have been unsuccesful. The German who married and adjusted and took all his wedding photo's to the interview, had difficulty expalianing how all his family were there when he entered on a VWP and married a couple of weeks later and immediately filed.

4. Generally speaking as long as you do not make a meal of it, you should be OK. There is not set time limit, mo magic number, but if you tell the PoE that you are coming as a tourist and a few hours later file to adjust, well that is rubbing there noses in it.

Great info gentlemen. BUT I ain't doing it if it was me and will never recommend it as such. I've turned paranoid and a scaredy cat from all the nightmares we've been through. The WVP FAQ found in cbp.gov states this:

Q: What Is the Advantage of Using the VWP?

A: The advantage of entering the United States under the VWP is that tourists and people wishing to conduct business in America can travel to the United States without obtaining visas from the U.S. Department of State.

Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have previously violated the terms of your admission, you may not enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.

It seems so cut and dry but judging from the feedback I got in this forum, it varies.

If you read the instructions on the I-485 about who can file for AOS and who can not file The rules that you have quoted do not apply to immidiate relatives of a USC.

See here for the Instruction for I-485

http://www.uscis.gov/files/form/i-485instr.pdf

10. Who Is Not Eligible to Adjust Status.

Unless you are applying for creation of record based oncontinuous residence since before January 1, 1972, oradjustment of status under a category in which specialrules apply (such as 245(i) adjustment, asylumadjustment, Cuban adjustment, special immigrant juvenileadjustment, or special immigrant military personneladjustment), you are not eligible for adjustment ofstatus if any of the following apply to you:

F. You failed to maintain your nonimmigrant status,other than through no fault of your own or for technical reasons; unless you are applying because you are:

1. An immediate relative of a United States citizen (parent, spouse, widow, widower or unmarried child under 21 years old);

11. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower or unmarried childunder 21 years old);

this is confusing, are you not aloud to adjust status under the VWP if you are a relative of a USC? for example, my son is an american citizen, so is his mother but we are no longer toghter, if i was to marry someone else under the VWP and wanted to adjust my status, i couldnt because my son is american?

[JERIII 8]

Great info gentlemen. BUT I ain't doing it if it was me and will never recommend it as such. I've turned paranoid and a scaredy cat from all the nightmares we've been through. The WVP FAQ found in cbp.gov states this:

Q: What Is the Advantage of Using the VWP?

A: The advantage of entering the United States under the VWP is that tourists and people wishing to conduct business in America can travel to the United States without obtaining visas from the U.S. Department of State.

Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have previously violated the terms of your admission, you may not enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.

It seems so cut and dry but judging from the feedback I got in this forum, it varies.

The disadvantages answer isn't very well written.

If you think this means that you can't Adjust Status from the VWP, then perhaps it is not that cut and dried.

If you are admitted on the VWP, you cannot extend your NON-IMMIGRANT status, nor can you change your VWP status to another NON-IMMIGRANT status. For example, you cannot change from the VWP to an F-1 student Visa. The statement doesn't say anything about changing to an immigrant status, which is permitted and happens all the time.

[Boiler 45,912]

If you have acess to the VWP you better have a very good reason to apply for a B.