Filing forms... which ones?

[spacemanspiff 0]

I'm looking at the forms I need to fill and send off to apply for petition and permanent residency in the next few days.

My fiancée and I are having a civil ceremony in the next few days (applied for the marriage license last week!) with family in attendance, and want to get the forms off soon!

I am aware of the fact that a I-130 needs filed, but I'm getting confused at what else. I will need to adjust status from VWP to permanent, but, if that's not included, is it the I-485 I need to submit? And do I only do that after the 130 has been accepted/pending or can I send them all off at once?

I'm just getting a little confused here. I haven't spotted anything that just says 'fill out these forms if you're in this situation'.

So, we're having the ceremony in the next few days (bigger one in the summer for everyone ), and my VWP runs out in the second week of March or so, so we want to get this stuff filed quite soon...

Edited February 22, 2012 by spacemanspiff

[Nich-Nick 3,354]

Guides page is here http://www.visajourney.com/content/guides

Scroll down and find "US Citizen and Spouse both live/reside in the US" because that's your situation. You are not overseas.

[I AM NOT THAT GUY 5,715]

Or even better, use the link in my siggy.

[Laure&Colin 558]

I'm looking at the forms I need to fill and send off to apply for petition and permanent residency in the next few days.

My fiancée and I are having a civil ceremony in the next few days (applied for the marriage license last week!) with family in attendance, and want to get the forms off soon!

I am aware of the fact that a I-130 needs filed, but I'm getting confused at what else. I will need to adjust status from VWP to permanent, but, if that's not included, is it the I-485 I need to submit? And do I only do that after the 130 has been accepted/pending or can I send them all off at once?

I'm just getting a little confused here. I haven't spotted anything that just says 'fill out these forms if you're in this situation'.

So, we're having the ceremony in the next few days (bigger one in the summer for everyone ), and my VWP runs out in the second week of March or so, so we want to get this stuff filed quite soon...

Maybe that's because you're not supposed to seek for adjustment of status from VWP

Just read the AOS guides here, you'll find your answers.

[spacemanspiff 0]

Guides page is here http://www.visajourney.com/content/guides

Scroll down and find "US Citizen and Spouse both live/reside in the US" because that's your situation. You are not overseas.

Thanks. That's just what I was looking for!

Or even better, use the link in my siggy.

I've checked that out and it's looking useful. Thanks!

Maybe that's because you're not supposed to seek for adjustment of status from VWP

Just read the AOS guides here, you'll find your answers.

There's one thing that caught my eye in the link in the poster above yours signature... At least one of the PDFs seem to say it's not possible to change from VWP to permanent resident. But I've seen the legal precedence that contradicts this, in a law book, right in my hands, while sitting opposite an immigration lawyer.

I have this sinking feeling I'm more confused than before in some ways!

[Laure&Colin 558]

There's one thing that caught my eye in the link in the poster above yours signature... At least one of the PDFs seem to say it's not possible to change from VWP to permanent resident. But I've seen the legal precedence that contradicts this, in a law book, right in my hands, while sitting opposite an immigration lawyer.

I have this sinking feeling I'm more confused than before in some ways!

That's because there's a contradiction between the written rules: "adjustment of status from VWP is not allowed", and the reality, which is that it's generally accepted by USCIS. There's always a risk though, and you won't be able to work or travel outside the USA until either your AOS is complete or your EAD and AP are accepted.

Edited February 22, 2012 by Laure&Colin

[spacemanspiff 0]

That's because there's a contradiction between the written rules: "adjustment of status from VWP is not allowed", and the reality, which is that it's generally accepted by USCIS. There's always a risk though, and you won't be able to work or travel outside the USA until either your AOS is complete or your EAD and AP are accepted.

The less risky way would be applying for a fiancé(e) visa from the UK and doing it that way around?

What happens if it's rejected? I have to fly back to the UK and... reapply? What happens then? (Just so I know!)

[Laure&Colin 558]

The less risky way would be applying for a fiancé(e) visa from the UK and doing it that way around?

What happens if it's rejected? I have to fly back to the UK and... reapply? What happens then? (Just so I know!)

Since you're getting married in a few days, the legal safe way would be to go back to the UK after the wedding and before your VWP time expires, and apply for a CR1 visa. That's also what you'd have to do if the AOS was denied.

The usual time frame from sending the first petition to getting the visa is 9-12 months.

[jaycali 415]

I'm looking at the forms I need to fill and send off to apply for petition and permanent residency in the next few days.My fiancée and I are having a civil ceremony in the next few days (applied for the marriage license last week!) with family in attendance, and want to get the forms off soon!I am aware of the fact that a I-130 needs filed, but I'm getting confused at what else. I will need to adjust status from VWP to permanent, but, if that's not included, is it the I-485 I need to submit? And do I only do that after the 130 has been accepted/pending or can I send them all off at once?I'm just getting a little confused here. I haven't spotted anything that just says 'fill out these forms if you're in this situation'.So, we're having the ceremony in the next few days (bigger one in the summer for everyone ), and my VWP runs out in the second week of March or so, so we want to get this stuff filed quite soon...

You're running into very dangerous waters if you decide to try to adjust status while on the VWP. It's lawyer territory.

I'll give you the three major reasons why:

1. First of all, it's technically not possible since you're not on a visa. In their eyes, you cannot adjust from no visa to a visa while in the US. I know this is not really true. I've spoken to at least two very experienced lawyers who said it's generally frowned upon, but they usually just accept it now. But, the other two reasons are more serious.

2. It is very illegal to enter the United States as a tourist with the intention to get married and adjust status. Simply put, you're free to get married, you're not free to adjust status if that was your intention when entering. When you arrived in the US, you told the immigration officer that you were entering to visit friends/family, or for vacation or business purposes. You may have said to get married. All fully legit reasons. Had you said "I'm here to get married and then adjust status" you wouldn't be eligible for the VWP and you would have been sent back to the UK.

This is where the problem kicks in. Adjusting from F-1 (student) or H-1b (skilled worker) is easy. They've often been in the US for 2, 3, 4, even 5 years and can easily claim that they didn't intent to adjust status 4 years ago. When you enter on the VWP you have 90 days. You'll basically have to convince the USCIS that you entered for up to 90 days, but you had absolutely no intention of adjusting status. Basically, you'll be trying to prove that this happened "on a whim."

If they don't believe you, they'll assume you lied to the immigration officer when you entered, and you'll be charged with immigration fraud. This is a very serious charge, and is pretty much equal to a lifetime bar from ever entering the US.

Simply put, you need a lawyer.

3. If you do this, it will be a lot more expensive than going the safe route (CR-1). First of all, you will need a good immigration attorney so expect $3,000 - $4,000 in legal fees. Second of all, adjusting status costs about $1,400 in filing fees. Third, you cannot work until about 3 months after filing, so expect 3 months of lost income if you currently have a job in the UK that you'd be quitting.

In comparison, if you go the safe route, you'll be stuck in the UK for about 7 - 10 months after you leave, but you can still visit on the VWP.

You'll get married, go home. Your husband will file an I-130 petition on your behalf. This will be approved in 4 - 6 months, and you may then apply for a CR-1 visa. The CR-1 visa will allow you to enter the US as a legal permanent resident. You get a temporary green card stamped in your passport upon entry. This is also much much cheaper than adjusting status. First off, you won\t need a lawyer cause it's a relatively easy process. Second, you may work back home and not have to wait 3 months for work authorization. Third, the filing fees themselves are about $400 cheaper than filing for adjustment of status.

The catch? You'll be separated for the next 7 - 10 months. Whatever you decide to do, best of luck!

And my advise, do not venture into trying to adjust status without a lawyer.

[spacemanspiff 0]

Since you're getting married in a few days, the legal safe way would be to go back to the UK after the wedding and before your VWP time expires, and apply for a CR1 visa. That's also what you'd have to do if the AOS was denied.

The usual time frame from sending the first petition to getting the visa is 9-12 months.

Right. I'll bear that in mind. Don't want to spend time away from the other half though! :/

-----

Other item of confusion: I-94w. Don't have one. Didn't get one upon arrival. Am assuming that's because of the VWP. Do I need to get one somehow, or just enter NONE: VWP? I've noticed on a quick Google search that some people are confused by the paperless VWP system.

Long post...

Thanks for this insightful, if scary, post. I'm going to talk to the other half when she gets home from work shortly.

[Laure&Colin 558]

You're running into very dangerous waters if you decide to try to adjust status while on the VWP. It's lawyer territory.

I'll give you the three major reasons why:

1. First of all, it's technically not possible since you're not on a visa. In their eyes, you cannot adjust from no visa to a visa while in the US. I know this is not really true. I've spoken to at least two very experienced lawyers who said it's generally frowned upon, but they usually just accept it now. But, the other two reasons are more serious.

2. It is very illegal to enter the United States as a tourist with the intention to get married and adjust status. Simply put, you're free to get married, you're not free to adjust status if that was your intention when entering.

This is true but USCIS cannot base a denial of AOS on prior intent ONLY when the applicant is the spouse of a USC. I found legal documents explaining it online before, I don't have the link anymore right now but if you make a indepth search on google you may find it.

I wouldn't take this path though: as stressful and frustating as the CR1 route can be, you're pretty sure to get a visa in the end, especially when you're a citizen of a low fraud country, except if you have real reasons to be found ineligible. Adjusting from VWP is not guaranteed and it implies waiting without the ability to work or leave for an undetermined period of time without knowing what the outcome might be.

[jaycali 415]

This is true but USCIS cannot base a denial of AOS on prior intent ONLY when the applicant is the spouse of a USC. I found legal documents explaining it online before, I don't have the link anymore right now but if you make a indepth search on google you may find it.

I'll look around, that's interesting. However, the assumption that the "adjuster" lied to the CBP officer does constitute immigration fraud. And they can deny based on immigration fraud only.. Right? I heard the only thing that commonly gets forgiven for spouses is overstay or unauthorized work for less than 180 days.

I wouldn't take this path though: as stressful and frustating as the CR1 route can be, you're pretty sure to get a visa in the end, especially when you're a citizen of a low fraud country, except if you have real reasons to be found ineligible. Adjusting from VWP is not guaranteed and it implies waiting without the ability to work or leave for an undetermined period of time without knowing what the outcome might be.

[jaycali 415]

-----Other item of confusion: I-94w. Don't have one. Didn't get one upon arrival. Am assuming that's because of the VWP. Do I need to get one somehow, or just enter NONE: VWP? I've noticed on a quick Google search that some people are confused by the paperless VWP system.

I-94 is no longer necessary when traveling on the VWP. The I-94 was the green arrival/departure record you used to have to fill out on the plane. It's been replaced by ESTA, the electronic form you fill out online before you leave for the US. What to fill out on the form, I don't know.. My first instinct would probably be to put "None - VWP", yea.

Thanks for this insightful, if scary, post. I'm going to talk to the other half when she gets home from work shortly.

Don't mean to scare, but be aware that while possible, it's a pretty risky maneuver. I-130 - CR-1 is the far slower, but far safer and cheaper option. Like Laure&Colin said, if you're from a visa waiver country, your marriage is real and you have no criminal record or history of visa violations, you're almost guaranteed approval for the CR-1.

Edited February 22, 2012 by jhsm85

[pushbrk 13,033]

There's one thing that caught my eye in the link in the poster above yours signature... At least one of the PDFs seem to say it's not possible to change from VWP to permanent resident. But I've seen the legal precedence that contradicts this, in a law book, right in my hands, while sitting opposite an immigration lawyer.

If I were in your shoes, I would take the advice the immigration lawyer gave you. You are here and in a few days you'll be married. If you can file the papers soon and wait at least 3 months for Advance Parole, I see no reason not to adjust status. You'll be one of many filed that day by people who entered on the VWP and on the day your green card is approved, you'll be one of many approved for foreigners who entered on the VWP, married a US Citizen and adjusted status.