Adjustment of status VWP Expired

[Harpa Timsah 13,258]

It has also been proven by many cases on here and is listed in the field manual that intent is not reason to deny providing there are no other adverse circumstances.

So again...not only is it legal to AOS on a VWP but when it comes to marrying a US citizen it does not even matter the intent.

Yet the TOS of this site specifically forbids anyone from instructing, directly, or indirectly, how to commit immigration fraud or engage in illegal activity. So, to use this site, the intent does matter.

[jdh 103]

Sorry I am not trying to instruct anyone in committing fraud. But I don't see how that is fraud if it is legal.

I am not insinuating anyone should outright lie to a border officer, I am just trying to dispel the false information that is spread.

[Harpa Timsah 13,258]

Sorry I am not trying to instruct anyone in committing fraud. But I don't see how that is fraud if it is legal.

I am not insinuating anyone should outright lie to a border officer, I am just trying to dispel the false information that is spread.

There is a misunderstanding here. Using a non-immigrant visa with the intent to immigrate is not legal at all. It is illegal. It is visa fraud. It is a negative factor. That negative factor is not strong enough to overcome the extremely positive factor of being married to a USC, but it is still illegal. That negative factor, by itself, is not enough reason to deny an AOS, but added to other negative factors, it can be. We don't know what other negative factors any other poster has, so it is possible that would be a problem for them.

Outright lying to a CBP officer is another matter and can get the immigrant charged with material misrepresentation, which results in a lifetime ban with no available waiver.

Edited March 14, 2012 by Harpa Timsah

[Justine+David 218]

Aren't a few jurisdictions denying VWP folks now if they filed after the 90 day window?

OP, is there a reason why you've waited 4 months after you initially tried to send the package in why you haven't re-sent it? That's the most dangerous part, I think. They know he's still here AND what his address is.

Edited March 14, 2012 by Justine+David

[Harpa Timsah 13,258]

Aren't a few jurisdictions denying VWP folks now if they filed after the 90 day window?

OP, is there a reason why you've waited 4 months after you initially tried to send the package in why you haven't re-sent it? That's the most dangerous part, I think. They know he's still here AND what his address is.

They were, but USCIS sent out a memo that those offices were acting incorrectly.

I also don't understand what the OP has been doing since Thanksgiving, though.

[Reyan 56]

Based on what I read the OP is still gathering the funds to pay for the AOS, which is why she had not resent it.

[EM_Vandaveer 2,408]

A person entering the United States under the VWP cannot request an extension of the original allowed period of stay in the U.S. (this practice is allowed to those holding regular visas). However, VWP visitors may seek to adjust status on the basis of either (1) marriage to a US citizen or (2) an application for asylum. (from wikipedia) now I believe that child and parent of USC counts as well.

[EM_Vandaveer 2,408]

From the instruction for form I-485:

Who is not eligible to adjust status? (...)

K. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower, or unmarried child under 21 years of age);

I somehow doubt that it would say this if it was against the law. The Dept of State website says basically : Don't do it. They don't say you can't.

[ValerieA 350]

There is a misunderstanding here. Using a non-immigrant visa with the intent to immigrate is not legal at all. It is illegal. It is visa fraud. It is a negative factor. That negative factor is not strong enough to overcome the extremely positive factor of being married to a USC, but it is still illegal. That negative factor, by itself, is not enough reason to deny an AOS, but added to other negative factors, it can be. We don't know what other negative factors any other poster has, so it is possible that would be a problem for them.

Outright lying to a CBP officer is another matter and can get the immigrant charged with material misrepresentation, which results in a lifetime ban with no available waiver.

THIS. This is correct.

My note: At no point do any of us advocate entering the US with intent to immigrate, on a nonimmigrant visa. That WOULD be against the TOS of this site. However, when someone is already here, we advise as best we can on that situation.

[Brother Hesekiel 2,236]

There was a time, not too long ago, when several USCIS field office denied AoS petitions from VWP overstayers outright. To the best of my knowledge, San Diego is still doing this. If that happens, the VWP overstayer may have to leave the U.S. and apply for a CR-1 visa at the U.S. consulate at their country of residence. However, if the overstay extended beyond 180 days, the beneficiary would trigger the 3-year bar.

Thus, it's certainly good advice not to play Russian Roulette with a gun that has 3 bullets in the 6-bullet chamber. AoS is really designed for cases where circumstances changed; abusing this can not only backfire badly, but it may result in USCIS revisioning their policy in this regard.

[Justine+David 218]

That's too bad that they stopped doing it. 90 days is a long time to not worry about your status or do anything about it. At least folks who came over on actual visas were vetted at a US consulate...

In the UK, you *cannot* get married and stay (and they're making it pretty difficult to get married in the first place) and I wish our immigration rules were similar.

Edited March 16, 2012 by Justine+David