Getting married and wanting to stay after entering on VWP

[HaydenM 0]

Many thanks for the info - your postings have been really helpful.

JubJub, what you are saying seems to make sense to me. I'm not too worried about being denied AOS (although I know of course there's always a chance) - It's just good to know how it all works.

One more question... I can't find anything in these forms or guides about having to obtain police checks - am I just being blind or is this not required when filing for AOS and the I-130?

Cheers!

HaydenM

[Kez/JWolf 6]

it is not required when doing AOS and I-130 together....

Good Luck

Kezzie

[osp 0]

Something else for you to consider looking into is filing the paperwork in New Zealand. Check out the DCF forum for more information and to see if it's a possible option for you. Not only is it a "safer" method, but the non-USC can work as soon as they arrive, and there's no need to go through the AOS process.

Good luck!

Christina

I am just wondering if a non-USC person does get married to a USC whilst under the VWP in America, at what stage are they able to seek work in the US? Should the non-USC plan to not have an income for a matter of months or can they start working after marrying and filing the appropriate forms?

[DavidsPrincess 1]

the non-USC cannot work until they get the EAD (I-765) approved and in hand. The non-USC would also have to get a Social Security Card. You file the I-765 along with the I-485...it is free of charge if you file them concurrently.

[WS-JW 0]

i'm just curious, I thought for certain that you couldn't change your immigration status at all on VWP. obviously I was wrong. but i'm wondering, if marrying and staying on this VWP is allowed, why would you bother with K-1? I did the year long process of K-1 and have just recently entered the U.S.

but i've entered 7 times before on VWP and had the heart ache of leaving, if I thought i could just get married and stay one time i would of done it.

so what are the benefits of doing the K-1? as a k-1 holder it's still risky for me cause i can be denied AOS to can't i?

[pushbrk 12,636]

i'm just curious, I thought for certain that you couldn't change your immigration status at all on VWP. obviously I was wrong. but i'm wondering, if marrying and staying on this VWP is allowed, why would you bother with K-1? I did the year long process of K-1 and have just recently entered the U.S.

but i've entered 7 times before on VWP and had the heart ache of leaving, if I thought i could just get married and stay one time i would of done it.

so what are the benefits of doing the K-1? as a k-1 holder it's still risky for me cause i can be denied AOS to can't i?

This is a very old thread. The key issue is the OP decided to marry after already being in the US for six months on the VWP. The key issue is when the decision to marry occured in relation to the most recent US entry. It should have been easy for them to convince and adjudicator that after six months together, they decided to marry and for him to stick around.

For somebody who has visited multiple times while carrying on a relationship, it would be pretty difficult to convince an adjudicator that the decision to marry occured after entry. Not impossible but far less probable.

The advantage of the K1 visa is that it is the only appropriate and legal path for the circumstances it was designed for.

[osp 0]

the non-USC cannot work until they get the EAD (I-765) approved and in hand. The non-USC would also have to get a Social Security Card. You file the I-765 along with the I-485...it is free of charge if you file them concurrently.

Thank you for this information. Can u tell me what forms are required to be submitted by a non-USC in America on a VWP after being married to a USC in America - is it just the I-765 and I-485? And can u give an estimate on how long the EAD (I-765) would take to be approved and in hand? Thank You.

Edited April 15, 2008 by osp

[AusCal 3]

Can u tell me what forms are required to be submitted by a non-USC in America on a VWP after being married to a USC in America - is it just the I-765 and I-485? And can u give an estimate on how long the EAD (I-765) would take to be approved and in hand? Thank You.

Forms to be submitted by the US citizen

I-130

G-325A

I-864

By the non US citizen spouse

G-325A

I-485

I-765 (optional)

I-131 (optional)

This link has all ther required info.

http://www.visajourney.com/forums/index.ph...page=i130guide2

I THINK that after the AOS/I-765 is received, the BCIS is required to issue the I-765 within 90 days.