Marriage based AOS from tourist visa possibly denied! What to do

[Fandango 1,439]

to be technical, a 2 year GC is not a visa, which is what is pursued when you are doing AOS...even AOSing from the VWP

[caeremonarius 26]

Guess I should have said risks the possibility of being denied. The magic word is "CAN" that does not mean will or obliged. From what I have experienced with the system, this is a mess that one has little control over and risks extreme stress and money with no certainty of a positive outcome.

Very true. It's also dependent on which Circuit Court district you live in. See

http://immigration-lawyer.typepad.com/phileichorn/2010/12/the-difference-in-circuits.html

The case referred to there us my wife's; we had a short overstay, and all went well. Others might not be so fortunate. It also depends on what USCIS field office one is adjusting from (the San Diego office and Philadelphia office apparently have policies in place that prevent any VWP overstayers from adjusting status, while at least one long VWP overstay has recently adjusted from the Las Vegas office -- which is in the same district as San Diego!). I would defintely like to get more data together on individual offices and their policies from people who've gone through AOS (successfully or not).

AJ

[MayoKy 10]

Very true. It's also dependent on which Circuit Court district you live in. See

http://immigration-lawyer.typepad.com/phileichorn/2010/12/the-difference-in-circuits.html

The case referred to there us my wife's; we had a short overstay, and all went well. Others might not be so fortunate. It also depends on what USCIS field office one is adjusting from (the San Diego office and Philadelphia office apparently have policies in place that prevent any VWP overstayers from adjusting status, while at least one long VWP overstay has recently adjusted from the Las Vegas office -- which is in the same district as San Diego!). I would defintely like to get more data together on individual offices and their policies from people who've gone through AOS (successfully or not).

AJ

1+ :thumbs:

same here.. short overstay of VWP and approved! But it's risky, when I filed I didnt know! I wasn't aware of VJ and other sites, we just had a lawyer! I probably wouldn't do it again! Because it WAS really nervewracking! But there is a chance that those cases still will be approved! San Diego is pretty rough though right now it looks like! So there is no way in hell I would dare to do it there!!!!

OP Since you didnt get here on VWP you should be fine! So no worries! Im sorry for your friend though!

[newlyweds2010 208]

the point is that both the statements above are true. from the VWP you can't get a visa while in the US. you can't suddenly become a tourist, a worker, a diplomat, etc.

however you can adjust status from the VWP under certain conditions.

if you adjust status from the VWP you don't receive a visa. the LPR status is something different than a visa.

Edited December 18, 2010 by newlyweds2010

[SunDrop 59]

Wow, your friend is in a world of sh!t now. VWP entries have waived their right to appeal, so even advising her to get a lawyer is probably going to be futile except to get advice on what, if anything they can do, to avoid a lifetime ban for misrepresentation.

You asked for reassurance that you wouldn't experience the same risk adjusting from a J-1, and you've got that from lots of posters.

I can't imagine being in your friend's shoes and from an emotional point of view, I'm genuinely sorry for them both. From a practical perspective, it's about time they started denying VWP adjustments.

It's such a glaringly obvious loophole and had been so abused in the past. I realise that there are instances where couples suddenly decide to get married and genuinely had no intention of getting married but that shouldn't allow them to just by-pass the first half of the process. So you AOS from a VWP entry? Used to mean you're ballsy, ignorant, insane or all of the above!

But it is heart-wrenching to be one of the unlucky couples who are caught in the transition

Edited December 18, 2010 by SunDrop

[caeremonarius 26]

I can't imagine being in your friend's shoes and from an emotional point of view, I'm genuinely sorry for them both. From a practical perspective, it's about time they started denying VWP adjustments.

It's such a glaringly obvious loophole and had been so abused in the past. I realise that there are instances where couples suddenly decide to get married and genuinely had no intention of getting married but that shouldn't allow them to just by-pass the first half of the process. So you AOS from a VWP entry? Used to mean you're ballsy, ignorant, insane or all of the above!

But it is heart-wrenching to be one of the unlucky couples who are caught in the transition

Actually, it's the OVERSTAY from VWP that caused the denial, not just the adjustment of status from VWP. After the 90 days of VWP, some offices in some districts (San Diego in the 9th District being one of them) have decided not to adjust status. Other offices have continued to adjust VWP overstays as usual without any issues. However, AFAIK, all offices are continuing to adjust VWP marriage cases within the 90 day limit without any problem. For now, there's nothing "ballsy, ignorant" or "insane" about AOS from VWP without overstay.

AJ

[LoveMyMiky 35]

Would be interested to learn what happens with the friend’s spouse. Pragmatically speaking I would expect that those whom take the VWP route even without an overstay risk overstaying prior to approval. A quick submission after arrival would seem to me to indicate a true intention to marry under the VWP. At any rate, this is certainly all subjective, and decided by an individual or district policy that is not by any means obligated to approve, with overstay or not, and is effected by the ever-changing political winds involving immigration. To elude that this is not risky is in my book absolutely foolish, it is apparent what works for one does not necessarily work for another regarding immigration. VJ members represent a very small sampling of total immigration applicants. Words used like many, most, all, are subjective when not substantiated by any real facts. If anything, however, they can instill hope for those who find themselves in such a situation of the noted friend.