I'm a tourist who got married

[ValerieA 350]

Oh no, really?

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

Click on "Forums" up top, then most of the way down that page you will see "Regional Discussions". That is where you will find the UK thread. Be warned, though, most people there are K-1s and CR-1s, and quite a few of them hate that AOSing is an option, so will tell you it is very risky and you should just go home and do a CR-1 from there.

[Brother Hesekiel 2,236]

People are hesitant to suggest AoS from VWP for a very simple reason: by participating in the VWP, you unknowingly signed away your right to appeal. What that means is that if the I.O. denies your petition, that's like the word of the Almighty. If that happens to somebody with a visa, they can appeal and fight this until the cows come home or the money runs out. Not so with a VWP.

That said, if you had not planed to do this from the get-go, you are eligible to file for AoS. One thing I don't understand, quite frankly, is your statement that you have nothing to go back to. What do you mean with that? If you went on a vacation don't you have a job, a flat, a dog or cat . . . stuff you need to take care of in any case?

I am asking this, because I would be asking you this if I were the I.O. adjudicating your AoS. I would try to find out if you intended to do this, or if you really just did this out of a blue. Not all I.O.s are like that, but some are, and you should have a proper response ready.

[A + M 29]

As long as you submit the I485 application before your VWP expires, you won't have any overstay issues and you can adjust status without ever leaving.

Exactly!

Edited November 11, 2011 by A + M

[misswiss 6]

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.

LOL don't ever tell anybody at immigration you decided to get married with a "friend" smdh...

[beejay 125]

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.

Thanks ValerieA for clarifying for me.

Glad everything worked out for you during your process

[vickybranson 1]

You don´t have to leave you can stay and adjust status inside the USA. It is up to you.

[Moomin 292]

Congrats on the marriage and welcome to VJ!

Were you questioned at the airport? Do you have your I-94(the little white thing you filled out called arrival/departure record which should be in your passport)?

[MalaysianGirl 26]

One thing I don't understand, quite frankly, is your statement that you have nothing to go back to. What do you mean with that? If you went on a vacation don't you have a job, a flat, a dog or cat . . . stuff you need to take care of in any case?

^^This.

I don't get it, either.

[Girl from Celebes 588]

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..

Oh...how come we could see whether it is with intent or not? Does IO would see the differences based on what people tell? I'm going to hibernate just to think about that.

[Boiler 46,373]

I did the K1, but the legal advise was to to do the VWP express.

I have never actually met anyone who has also done the K1, all the people I have actually talked to did the visitor visa, if I had known how long it was going to be I would have done the VWP express.

[Rebecca Jo 1,962]

People are hesitant to suggest AoS from VWP for a very simple reason: by participating in the VWP, you unknowingly signed away your right to appeal. What that means is that if the I.O. denies your petition, that's like the word of the Almighty. If that happens to somebody with a visa, they can appeal and fight this until the cows come home or the money runs out. Not so with a VWP.

That said, if you had not planed to do this from the get-go, you are eligible to file for AoS. One thing I don't understand, quite frankly, is your statement that you have nothing to go back to. What do you mean with that? If you went on a vacation don't you have a job, a flat, a dog or cat . . . stuff you need to take care of in any case?

I am asking this, because I would be asking you this if I were the I.O. adjudicating your AoS. I would try to find out if you intended to do this, or if you really just did this out of a blue. Not all I.O.s are like that, but some are, and you should have a proper response ready.

I have never heard of an IO asking about intent. But we've covered your attitudes before towards legal immigrants when it comes to demanding to see a green card to prove work authorization. No surprise here then that you should be all over someone about "intent".

And my husband could have said he had "nothing to go back to". He had a rental house and a job he hated. No dog, no cat. He had a PC and a mountain of comic books that he wanted. Could have had the brother take care of that. We did the K1. But it wasn't because my husband had a whole load of important stuff going on back home.

Edited November 12, 2011 by Rebecca Jo

[NancyNguyen 1,658]

I have never heard of an IO asking about intent. But we've covered your attitudes before towards legal immigrants when it comes to demanding to see a green card to prove work authorization. No surprise here then that you should be all over someone about "intent".

And my husband could have said he had "nothing to go back to". He had a rental house and a job he hated. No dog, no cat. He had a PC and a mountain of comic books that he wanted. Could have had the brother take care of that. We did the K1. But it wasn't because my husband had a whole load of important stuff going on back home.

Because the OP statements don't ring a bell to anyone. If UK authorities hear "I have nothing in UK to go back", he will be accused of traitor I guess, it is his country FYI. If his marriage is in good faith, he will be willing to leave the US, and apply the process in proper way.

[Murph 0]

That said, if you had not planed to do this from the get-go, you are eligible to file for AoS. One thing I don't understand, quite frankly, is your statement that you have nothing to go back to. What do you mean with that? If you went on a vacation don't you have a job, a flat, a dog or cat . . . stuff you need to take care of in any case?

I am asking this, because I would be asking you this if I were the I.O. adjudicating your AoS. I would try to find out if you intended to do this, or if you really just did this out of a blue. Not all I.O.s are like that, but some are, and you should have a proper response ready.

I appreciate the question, but like I said

I don't have a permanent job or home in the UK any more (I've been staying with friends)

. No cat, no dog, no relatives, quite simply nothing I care to return to.

[wee carrington 33]

I've been following all this as well, trying to get a handle on it. The way I am understanding it is that: you are absolutely able to apply for AoS from VWP but if you were (for whatever reason) to be denied you would not be able to appeal. Is this correct?

What would be the scenario if a person applies for AoS from VWP and they get denied-- Could they then return to their home country and file the I-130? Or are you pretty much snookered if this were to happen?

[ValerieA 350]

I've been following all this as well, trying to get a handle on it. The way I am understanding it is that: you are absolutely able to apply for AoS from VWP but if you were (for whatever reason) to be denied you would not be able to appeal. Is this correct?

What would be the scenario if a person applies for AoS from VWP and they get denied-- Could they then return to their home country and file the I-130? Or are you pretty much snookered if this were to happen?

You are correct, there is no appeal for VWP entrants. However, if they are denied, they can simply return to their country and a CR-1 can be filed. There may be waivers involved, if they overstayed > 180 days,which take extra time and money.