Married in June Under VWP

[JadeRn 6]

My husband and I met last year online. We met up initially this March and enjoyed each other's company more than originally expected. He went home after 90 days and came back, we then decided to get married while he was under the VWP. He is from the UK and I live in the midwest.

We married in June 2010, and the most hassle we had was from filling out the forms!!

After doing much research on how to fill out the forms, we were rejected 3 times due simple "operator error" we were able to fill out the forms correctly...it was just a simple misunderstanding on what address to put that kept getting our forms rejected. They did then, have us listed under a wrong address in an entirely different state...so yes they do make mistakes despsite being the government.

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Nonetheless;

Initial Meeting 03/2010

Returned Back on second VWP 06/2010

Married 06/22/2010

Acceptance of applications 08/05/2010

Biometrics Last week of August 2010

Notice of Initial Appointment Received 09/20/2010

EAD Received 10/10/2010

Inital Appointment and Application Approved 10/21/2010 (Interview lasted less than 2 minutes)

Our overall approval process took less than three months, no idea why so smooth but it was and we are very happy about that!!

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We'd love to help anyone with any questions or concerns they have by our OWN personal experience, we are by no means any legal advisors or anything, just a regular couple that went through what everyone else has or is going through on this forum!

Best of luck to you all!!

[milimelo 4,508]

Moving topic to AOS from tourist, student and work visa as it has nothing to do with K-1 process.

[zeezawrydan 1]

My husband and I met last year online. We met up initially this March and enjoyed each other's company more than originally expected. He went home after 90 days and came back, we then decided to get married while he was under the VWP. He is from the UK and I live in the midwest.

We married in June 2010, and the most hassle we had was from filling out the forms!!

After doing much research on how to fill out the forms, we were rejected 3 times due simple "operator error" we were able to fill out the forms correctly...it was just a simple misunderstanding on what address to put that kept getting our forms rejected. They did then, have us listed under a wrong address in an entirely different state...so yes they do make mistakes despsite being the government.

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Nonetheless;

Initial Meeting 03/2010

Returned Back on second VWP 06/2010

Married 06/22/2010

Acceptance of applications 08/05/2010

Biometrics Last week of August 2010

Notice of Initial Appointment Received 09/20/2010

EAD Received 10/10/2010

Inital Appointment and Application Approved 10/21/2010 (Interview lasted less than 2 minutes)

Our overall approval process took less than three months, no idea why so smooth but it was and we are very happy about that!!

------------------------------------------------------------------------------------------------------------------------------------------------------------------------

We'd love to help anyone with any questions or concerns they have by our OWN personal experience, we are by no means any legal advisors or anything, just a regular couple that went through what everyone else has or is going through on this forum!

Best of luck to you all!!

Wow! That was really smooth and quick. Congratulations!

Cheers

[Myopia 93]

Congrats to you both

[JadeRn 6]

Thank you all!!

I don't know why it was approved so quickly versus some others, if anyone would know I'd love to find out why ours did not take as long as some!

[zeezawrydan 1]

Thank you all!!

I don't know why it was approved so quickly versus some others, if anyone would know I'd love to find out why ours did not take as long as some!

Where was your Local Office? Sometimes it depends on how busy the office is. or how it goes with background check or RFE's... We never know for sure whats happening behind the scenes

All in all, you're still very lucky you got yours that quick! I hope mine goes smoothly like that.

Z

[R&V 8]

Congrats.

I'm ticked off a little as we went through the "official" process and are still in it. #######. Seems unfair to me.

[JadeRn 6]

Congrats.

I'm ticked off a little as we went through the "official" process and are still in it. #######. Seems unfair to me.

I don't get waht you mean by the official process, we did all the steps necesary for our process therefore i believe making it just as official as anyone elses, we paid the fees and what not and did all of what they asked of us.

And I live in Chicago maybe that's why things went quicker than normal.

[R&V 8]

No no, it's fine. I meant that you came in through the VWP (not supposed to be a means to get in and get married!), then "spontaneously" got married (what about your life back home?) and then did AOS and paid those fees. We went through the K1-route, which took 6 months and cost quite a bit, too (upwards of 800dollars).

Good for you anyway.

[ValerieA 350]

Congrats JadeRN!

My AOS took just over 3 months, I wonder if they are getting even faster or if your location doesn't have many interviews? Either way, so happy yours was quick!

[JimVaPhuong 4,863]

No no, it's fine. I meant that you came in through the VWP (not supposed to be a means to get in and get married!), then "spontaneously" got married (what about your life back home?) and then did AOS and paid those fees. We went through the K1-route, which took 6 months and cost quite a bit, too (upwards of 800dollars).

Good for you anyway.

Don't let it bother you. They took a risk. You played it safe. It doesn't bother me when I see someone hit the number on the roulette wheel because I know plenty of people will walk away from the table with empty pockets. I may not get rich by not playing, but at least I know I won't lose everything.

Never kick yourself for doing the right thing.

[R&V 8]

Don't let it bother you. They took a risk. You played it safe. It doesn't bother me when I see someone hit the number on the roulette wheel because I know plenty of people will walk away from the table with empty pockets. I may not get rich by not playing, but at least I know I won't lose everything.

Never kick yourself for doing the right thing.

Thanks.

Seriously, I don't want to be the spoilsport here. Haha. I'm happy and glad we are together now.

Good for anybody who is willing to take a risk, I could use a little less "German rule-following".

So congrats again, didn't want to derail your thread.

[marlea 84]

We'd love to help anyone with any questions or concerns they have by our OWN personal experience, we are by no means any legal advisors or anything, just a regular couple that went through what everyone else has or is going through on this forum!

Best of luck to you all!!

Congrats!

The one thing I would caution you about is suggesting that others take the same route you did. You were incredibly lucky that you were able to have him enter on the VWP and were able to adjust status so easily. There are many others out there that aren't as lucky, and there are some people who are being deported because they tried the exact same thing. There are loads of couples that are waiting in limbo as USCIS decides what the policy decision will be regarding adjusting status after entering on a visa waiver. The VWP isn't designed for people who want to immigrate to the US. Technically it's for visiting only. They are starting to crack down on this abuse of the VWP and many people who naively thought they could do what you two did are paying a huge price for that risk.

[JadeRn 6]

Congrats!

The one thing I would caution you about is suggesting that others take the same route you did. You were incredibly lucky that you were able to have him enter on the VWP and were able to adjust status so easily. There are many others out there that aren't as lucky, and there are some people who are being deported because they tried the exact same thing. There are loads of couples that are waiting in limbo as USCIS decides what the policy decision will be regarding adjusting status after entering on a visa waiver. The VWP isn't designed for people who want to immigrate to the US. Technically it's for visiting only. They are starting to crack down on this abuse of the VWP and many people who naively thought they could do what you two did are paying a huge price for that risk.

I see what you are saying but he didn't come back with the intent to marry but to just re visit me again . but it turned out for the best for both of us. The marriage was just a spur of the moment thing and from then on we did what we had to do, initially we just tried to see if he can get an extended visa but they didn't say we could so we went with the AOS and I-130 route.

You can't help who you fall in love with and when, and that is why it happened and we couldn't be any happier, just like the rest of you all!

[JimVaPhuong 4,863]

I see what you are saying but he didn't come back with the intent to marry but to just re visit me again . but it turned out for the best for both of us. The marriage was just a spur of the moment thing and from then on we did what we had to do, initially we just tried to see if he can get an extended visa but they didn't say we could so we went with the AOS and I-130 route.

You can't help who you fall in love with and when, and that is why it happened and we couldn't be any happier, just like the rest of you all!

It's not the intent that puts you at risk. It's the fact that someone who uses the VWP agrees to a "no contest" clause. Any decision by any immigration officer is final. There can be no review or appeal.

If you apply for AOS before the VWP authorized stay has expired then USCIS will adjudicate the application as they normally would, but if they deny it then the decision is final. You can't resubmit, or file a motion for it to be reopened, or have a hearing in front of an immigration judge. This is a big risk to take.

It gets even worse if the AOS is submitted after the VWP authorized stay has expired. Five federal district appeals courts (so far) have determined that a VWP overstay is immediately deportable on the order of any immigration officer. What's worse, nobody - not even the Supreme Court - has jurisdiction to overturn the decision because of the "no contest" clause. In these cases, many USCIS field offices have been denying the AOS applications for VWP overstays and just deporting them, and the deportation order is effective immediately - no hearing in immigration court.

All it would have taken in your case is a little delay before USCIS accepted your husband's application - just enough time for his VWP authorized stay to expire - and the outcome could have been much worse. You took a significant risk. You were indeed quite lucky.

When someone gets married on a tourist visa and adjusts status, USCIS views this as an attempt to shortcut the immigrant visa process, and they'll look for a reason to deny if they can find evidence to justify it. Getting married and adjusting status while visiting with the VWP is an extreme shortcut - the alien is skipping the visa process entirely. USCIS is cracking down on this, and the courts have so far agreed that they have the authority to do so.