This might be a taboo topic...

[rin and john 71]

The way I read the post, the attorney is saying they have a 99.9% chance of success. I think that is accurate.

Agree with john and marlene. From a post I made in October last year:

"We here on VJ see things differently than the vast majority of immigrants and are overwhelmingly in the minority when it comes to immigration. The numbers for 2008 from DHS, Yearbook of Immigration Statistics:

http://www.dhs.gov/files/statistics/public...s/yearbook.shtm

In 2008, there were 175 million non-immigrant admissions into the USA. The vast majority of these were from Canada and Mexico. 39 million were admitted with an I-94 arrival/departure card. Of these 39 million, only 59,000 were admitted as K1/K2/K3/K4. So the K visa entries represent 0.03% of all non-immigrant entries and 0.15% of all I-94 arrivals.

With regards to permanent residency, in 2008 over 1.1 million people became permanent residents of the USA (got the green card!). Around 640,000 of these already lived in the USA when they received their GC, the remaining 466,000 were granted LPR status upon arrival.

367,000 aliens were granted LPR status as the spouse or child of a USC. Another 103,000 were granted LPR status as the spouse or child of a LPR for a total of 470,000 spouse/child LPRs. Of these 470k, we can assume that about 70,000 to 80,000 were K visa entries based on 2007 and 2008 K visa entries. For the remaining 400,000 they either received an immigrant visa abroad or filed AOS from within the USA. Given that 60% of all new GC recipients already live in the USA, it is fairly safe to assume that a significant number of the remaining 400,000 adjusted status from within the USA."

Illegal? yes. Chance of success? very high. Recommended? no (that would violate VJ TOS).

For those who get their panties in a wad over someone doing this, you don't have to support it, but let it go. It helps your process.

Rin and I had to go through the K-1 process and then AOS because she could not freely travel to the USA. I personally wish all those that could get married in the USA would and avoid filing for a K visa or CR visa. Why? Well it would actually shorten the "USCIS petition" line and the "DOS visa" line. Any one who condemns the line jumpers, just doesn't understand the process well enough.

Every foreigner that marries a USC is going to go through the AOS "line". That number is fixed. So whether one gets married in the USA or enters via a K visa, the AOS timeline wouldn't change.

For every foreigner that enters via another method (VWP, etc), gets married, and files AOS (effectively "skipping" the visa process), the visa line is shortened for all of those that will follow. By skipping the visa process, those that file directly for AOS are actually decreasing USCIS workload and, in effect, speeding up the process for everyone.

[mrs. wife! 3]

You SHOULD NOT do this. It's illegal and you should follow the rules. The law is there for a reason, don't try to find a way around. Simple as that!

I won't wish your AOS gets denied if you decide to commit fraud, just because I know what goes around comes around. Do things the right way and you will be fine. People get what they give!

Good luck!

[FortLaudy 10]

For those who get their panties in a wad over someone doing this, you don't have to support it, but let it go. It helps your process.

Who said I was wearing panties? jk

[rin and john 71]

Who said I was wearing panties? jk

"nekkid posting!"

[Boiler 45,921]

It was what a lawyer recommended we do as well.

Look on the Shusterman web site, he also recommends this route.

You can argue about the risk, probably less that the person in the air plane seat next to you having his pants full of explosive.

It did not suite my circumstances, I wish it had.

[FortLaudy 10]

http://www.shusterman.com/greencardsthroug...riagevideo.html

This Shusterman? I like this video, most of it very good tips. Doesn't say anything about AOS from TOURIST visas, just suggest to get married IN America and AOS from within the US. Hey, each for their own, but I definetely would never have attempted anything like this.

[Wyld Blu 35]

It was what a lawyer recommended we do as well.

Look on the Shusterman web site, he also recommends this route.

You can argue about the risk, probably less that the person in the air plane seat next to you having his pants full of explosive.

It did not suite my circumstances, I wish it had.

Here's the kicker for me. Not only did a lawyer recommend this to me, but the USCIS "help" line person recommended it to me...more than once. After doing our independent research though, we didn't want to take the risk. It still blows me away that the USCIS recommeded me do something that is completely against their own rules and laws! I am glad we did our research on it. Just one more example of why calling the USCIS "help" line is a useless venture.

-Blu-

[Boiler 45,921]

http://www.shusterman.com/greencardsthroug...riagevideo.html

This Shusterman? I like this video, most of it very good tips. Doesn't say anything about AOS from TOURIST visas, just suggest to get married IN America and AOS from within the US. Hey, each for their own, but I definetely would never have attempted anything like this.

Does not mention anything about work visas or any visa for that matter.

But yes you have to have entered with inspection and not as a crewman.,

[Brother Hesekiel 2,236]

Every time again it amazes me how a subject like this causes emotional turmoil on this board. It is legal, perfectly and 100% legal for somebody to enter the US with a visitor's visa, or even as part of the WVP, marry a USC, and adjust status from within the US, as long as this hasn't been a strategic plan from the beginning.

But what seems to black and white, is in fact gray, milky, muddy gray. A couple can have been "together" for years, visiting each other as boyfriend/girlfriend or even finances, and then, all of the blue, the USC proposes. The foreign spouse didn't know about this upfront, so she didn't lie at the P.O.E. even when asked about this, and therefore she didn't plan to stay and adjust status. We--that's you and I--will never know.

In theory, the foreigner would have still things unsettled in her home country, or perhaps not. Perhaps both have planed to get married, but not this quick and not during this visit. Point in case: nobody can tell the fine details of a possible arrangement, if there even was one.

Better yet, I haven't heard of a case where the key issue intention even became an issue at AOS. The I.O. at AOS wants to make sure the USC is happy, and he wants to make sure the marriage is legit and wasn't entered solely for immigration purposes. That's it. Period.

My guess is that for that very reason many immigration attorneys consider the aforementioned a perfectly suitable way to become an LPR without long wait time at home, as long as there's no trace of fraud apparent.

Since the mindset of a couple, or even one person is difficult to prove, it would take some serious fauxpas to get denied. Like admitting at the AOS interview to having the whole shabang planed all along. Short of that, it's a non issue. Nobody cares.

Would I recommend it to the O.P.? No. Why not? Because doing so would violate the rules of this board, for one, and furthermore because the K-1 route in his particular case is a viable alternative. Leave the AOS within the US to those who have no other choice.

It's therefore certainly a good thing that the O.P. consulted an immigration attorney beforehand.

[Laura & Kyle 16]

I am a USC (the wife) and I am going through the AOS process with my husband who is from the UK and came over on the VWP. I don't really understand why you would even post this kind of question here especially if you had read the boards as you said you did. I think Rin and Bob and Just Bob did a wonderful job explaining the various angles of this situation and the feelings of VJers on it. When Kyle proposed to me, I didn't know it was coming and definitely didn't see it as a way for him to just stay here for good.

I'd also say you're being a bit selfish, because not only are you trying to stay over in the US illegally, you are shortchanging your family and friends back home. While Kyle and I had a very small wedding over here, I do miss the fact that his family could not be there and share the special moments with us, but also they are now still "back home" selling his things, closing accounts, etc. for him. Kyle and I are very humbled by their generosity with helping us make this 'adjustment.'

Just know that an AOS from a VWP is not a walk in the park (even when it's done the legal way, unlike what you propose). I'd ask for you to please not abuse this, but I think this is falling on 'blind eyes'. This is coming from someone currently going through the VWP->AOS process.

Laura

[Boiler 45,921]

I am a USC (the wife) and I am going through the AOS process with my husband who is from the UK and came over on the VWP. I don't really understand why you would even post this kind of question here especially if you had read the boards as you said you did. I think Rin and Bob and Just Bob did a wonderful job explaining the various angles of this situation and the feelings of VJers on it. When Kyle proposed to me, I didn't know it was coming and definitely didn't see it as a way for him to just stay here for good.

I'd also say you're being a bit selfish, because not only are you trying to stay over in the US illegally, you are shortchanging your family and friends back home. While Kyle and I had a very small wedding over here, I do miss the fact that his family could not be there and share the special moments with us, but also they are now still "back home" selling his things, closing accounts, etc. for him. Kyle and I are very humbled by their generosity with helping us make this 'adjustment.'

Just know that an AOS from a VWP is not a walk in the park (even when it's done the legal way, unlike what you propose). I'd ask for you to please not abuse this, but I think this is falling on 'blind eyes'. This is coming from someone currently going through the VWP->AOS process.

Laura

Just because he proposed did not stop him going back and selling up etc and going through K1.

There is a difference, but from a reality point of view, very very little.

[Rob and Jill 82]

even think that a tourist visa would allow me to go over for 3 months, although it could be 6 weeks, I'm not sure.

You may want to check that...

A tourist Visa from the U.K. allows you to visit for 3 months. I'm positive...looking at my fiance's passport as we speak...unfortunately he has to use it to go home tomorrow. BOOOOOOO.

[Boiler 45,921]

A tourist Visa from the U.K. allows you to visit for 3 months. I'm positive...looking at my fiance's passport as we speak...unfortunately he has to use it to go home tomorrow. BOOOOOOO.

Tourist Visa is usually 6 months

VWP is 90 days, can be important

[elmcitymaven 9,712]

There is a CBP who is active on these boards. I really hope he's flagged any Philip Perkins entering the US on a VWP anytime soon to be asked specifically if he intends to get married whilst in the country. Mr. Perkins would then either lie, or get denied. If the former, when said Mr. Perkins goes to AOS, he'll be denied because of his material misrepresentation.

Yeah, this is TOTALLY feasible. I mean, Philip Perkins is such an uncommon name, and it would be unlikely that another one might be entering the US at any uncertain time in the future at any uncertain POE. I mean heck, what's so bad about tarring every person named Philip Perkins with the same brush if it means we can keep one goshdarn queue-jumper out of the US because it's so frickin' UNFAIR? Yes, an All Points Bulletin for all POEs on Philip Perkins sounds just peachy. Especially since we can be sure that is his name in the first place.

As Robin (Trompe) says above, people get so emotional about this. Yes, it's unfair and against USCIS regulations. We have all made the decision to do this correctly and legally -- bully for us, we can sleep well at night. Some people figure there's a way around this, and there may very well be (in 99.9% of the cases, apparently). It's all about your appetite for risk. For some of us, the cost is too high to know you have no right of appeal and the possibility of a ban. Others see it differently, if wrongly, and opt to circumvent the law. For most people who are filing from VWP countries, the amount of time apart (ESPECIALLY for K1s) is minimal compared to the amount of time you will hopefully spend together. It stinks, but get some perspective. The way some people go on about this you would think that the time spent separated from your loved one involved at least one of you being stuck in federal pound-me-in-the-a$$ prison in the interim, with frequent taser sessions and a diet of gruel. (Please note -- I said VWP countries.)

Edited January 27, 2010 by elmcitymaven

[Rob and Jill 82]

VWP is 90 days, can be important

You're correct I should have been more specific, or used the correct terminology. The VWP is 90 days.