I'm a tourist who got married

[Murph 0]

Hi guys

I'm sorry if this is obvious and already covered elsewhere but I'm having trouble finding the answers. I'm a UK citizen. I travelled to the USA on the VWP (visa waver programme),which allowed 90 days stay. I am staying with a friend I have known for about 18 months, mostly online but we also met up in London about 6 months ago. After being here 1 month, we decided to get married. I know that I have the option of going back to the UK and applying for a spouse visa, but I've really nothing to return to the UK for and I want to stay here with my wife. Is that possible? I only have less than 60 days left on the VWP, can I apply to stay and not have to return while the application is running? My wife has a home and good job and wants to support me while I await a green card, so I won't be a burden to the state or anything.

Anyway, as I say, I'm a little confused about the whole process and really I just need to know whether I have to leave the USA again.

Thanks in advance.

[wee carrington 33]

Yes. You will have to leave the USA when your VWP is up. I believe your wife can start the application process for the I-130 now, though. Bottom line-- you must return to the UK and wait. You will need to attend an interview at the London Embassy.

[ceadsearc 516]

If you didn't intend to stay you can file for adjustment of status instead and stay while it is processing. You can't return to your country until AP or your GC is approved so if you have loose ends that need to be tied up or a job to return to that won't work for you. In that case, you can file for a CR-1 now, return before your VWP is up and continue to visit back and forth while it is processing. Those are your two choices.

Either way, start gathering as much evidence as you can about the authenticity of your marriage - such a short courtship is a red flag.

[kzielu 1,154]

No, of course you do not have to leave USA when your WVP is up. You can do concurrent I-130/I-485 filing (Adjustment of Status), however there is some risk associated with it - there have been instances of people adjusting from WVP and getting denied. Safest thing to do will be to send the package to USCIS before your authorized stay is over so you do not overstay.

Note that coming to US on WVP or B-1/B-2 with intent to immigrate is visa fraud, as long as you did not had that intent, you're good to go..

[john_and_marlene 162]

Yes. You will have to leave the USA when your VWP is up. I believe your wife can start the application process for the I-130 now, though. Bottom line-- you must return to the UK and wait. You will need to attend an interview at the London Embassy.

-1

This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

[wee carrington 33]

-1

This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

My error. Why don't more people do this then? Is it much more difficult? Do you have a greater chance of being denied? I don't understand why anyone goes back to their own country if this is the case after marrying a USC?

[beejay 125]

My error. Why don't more people do this then? Is it much more difficult? Do you have a greater chance of being denied? I don't understand why anyone goes back to their own country if this is the case after marrying a USC?

If you come to the US on the VWP and intend to get married and adjust status then it is visa fraud. If you came on the VWP with no intent to stay but decide while your in the US to marry you may adjust status without leaving. It sounds like the OP had not planned on getting married and staying so he is able to file for AOS. He will have to prove that his intent was not to stay.

[Murph 0]

He will have to prove that his intent was not to stay.

That's the thing, how do I prove it? I don't have a permanent job or home in the UK any more (I've been staying with friends). It's not going to look good to the authorities when they examine my case, is it?

[wee carrington 33]

If you come to the US on the VWP and intend to get married and adjust status then it is visa fraud. If you came on the VWP with no intent to stay but decide while your in the US to marry you may adjust status without leaving. It sounds like the OP had not planned on getting married and staying so he is able to file for AOS. He will have to prove that his intent was not to stay.

Thanks for clearing that up for me. I really don't want to be giving out bum information-- the visa premium number hotline has the corner on that I've spent a lot of time on the UK thread and I haven't come across anyone yet who had adjusted status after getting married and I know it's very upsetting for these people to be apart, that's why I had assumed (I know! Never assume!) it wasn't possible.

Edited November 11, 2011 by Mrs GH

[ValerieA 350]

He will have to prove that his intent was not to stay.

Unless there are other adverse factors in his case, no, he won't. Intent alone is not a reason to deny, and is rarely brought up at all at the interview.

Edited November 11, 2011 by ValerieA

[beejay 125]

That's the thing, how do I prove it? I don't have a permanent job or home in the UK any more (I've been staying with friends). It's not going to look good to the authorities when they examine my case, is it?

There should be other people on this site who have been through the process and can help you with this one. See below:

Unless there are other adverse factors in his case, no, he won't. Intent alone is not a reason to deny, and is rarely brought up at all at the interview.

That is different than what I have heard here on these boards, but I have never been through AOS from VWP so I appreciate you pointing that out.

[beejay 125]

Thanks for clearing that up for me. I really don't want to be giving out bum information-- the visa premium number hotline has the corner on that I've spent a lot of time on the UK thread and I haven't come across anyone yet who had adjusted status after getting married and I know it's very upsetting for these people to be apart, that's why I had assumed (I know! Never assume!) it wasn't possible.

There are always little details that can make a case completely different than what you thought, and usually there is someone right around the corner on these forums to tell you that I've already had my statement corrected... or can I say modified?

[Murph 0]

I've spent a lot of time on the UK thread and I haven't come across anyone yet who had adjusted status after getting married and I know it's very upsetting for these people to be apart, that's why I had assumed (I know! Never assume!) it wasn't possible.

Oh no, really?

Can you point me to that thread please, I'm still finding my feet on this forum.

[ValerieA 350]

There are always little details that can make a case completely different than what you thought, and usually there is someone right around the corner on these forums to tell you that I've already had my statement corrected... or can I say modified?

You were mostly correct . While it is considered visa fraud to come in on a non-immigrant visa with immigrant intent, it is material misrepresentation that will trip you up, not simply intent. Material misrepresentation is basically lying to the border guards about something that would cause them to deny you entry to the US (that is very simplified). I was already married to my US husband when I entered, asking for a 6-month visit. Of course, because I had my cat and 2 loaded suitcases with me, I was taken to secondary. I was honest with him, telling him I had given up my apartment and my job for this visit to my husband, and was in the process of a CR-1 visa (which is, I believe, the only reason he let me in). He grilled me for a while, but did eventually let me in after writing "No AOS/EOS" on my I-94 form. Of course, my circumstances changed, and after completing most of the CR-1 process, we switched to AOS. None of this came up at the interview, was quick and the indications I got was that I was basically pre-approved.

[KeyWest 1]

Since you didn't have the intention to get married and stay when you came to the U.S. you are fine to stay now and file.

You don't need to prove that you didn't have the intention and you even if they thought you did they wouldn't deny you if there are no other adverse factors in your case.

Just follow the guide http://www.visajourney.com/content/i130guide2 for concurrent filling.

And you cannot leave the county until the AOS is completed or you have advance parole approved.

Good luck.