New here and could use some AOS advise please

[Sheepleton 0]

Hi there

I'm going to try and describe this issue as best i can, though my brains going weird thinking about it all right now.

I came over to the US on the VWP in June this year for the birth of our first child. I knew it would be hard for me to go home, but was prepared for that etc. The problem we have come up against is, now my fiance needs to go back to work she needs to find day care. Unfortunately the place she works is any 5 from 7 days and the hours change as the company runs 24 hours a day.

We are finding it pretty much impossible to find any day care that will take my son due to this. Either they don't do weekends or they have a waiting list for it. If she cant find any day care then she cannot continue to work, and would be unable to pay bills etc, also pretty much destroying any chance of me getting a K1 approval.

Soooo, my question is, should we marry and apply for the AOS allowing me to stay here and look after him so she can continue to work?

I know the risks involved re the ban you can expect if they deny us. But we are kind of desperate now. I should be leaving in a few weeks and panics starting to set in.

Thanks in advance for any replies

[CC90 90]

I'm not sure about your past, where you're from, what you said to the CBP officer upon arrival, but my response is assuming that there are absolutely no problems there. It doesn't seem like you had intent to marry.

Anyway, AOS has routinely been adjudicated on its own merit on people that are still on VWP status. There was some big hoopla before about those that were out of status and trying to adjust; a number were denied. However, it seems that USCIS is even starting to routinely adjudicate applications on their own merit for overstay VWPers. Even though you won't get an automatic denial, it's very frowned upon to try to adjust from VWP overstay--still possible nonetheless.

If you're not yet out of status, you should have a serious chance if you get it in before your time is up.

Many have done it; just search this form.

Please let us know how it goes.

Edited August 25, 2011 by CC90

[Harpa Timsah 13,258]

Yes, you can marry and file AOS.

[Sheepleton 0]

Thanks for the replies,

I'm from the UK, and nope had no intention to marry upon arrival. Also, visa is still valid until late september so not overstayed as yet

[Harpa Timsah 13,258]

Yep, all good reasons why you can stay and marry and adjust status. I'd do it ASAP.