AOS from entry into US on the Visa Waiver Programme

[john7777 0]

Hi, just stumbled across this forum/website and would be grateful if people could share their advice and experiences related to our circumstances.

My wife is an American citizen and we have been married about 6 weeks. We got married in the UK but shortly after getting married went to the US to catch up with her family. Our initial plan was to depart the US at the earlier of my VWP expiring or us finding jobs overseas (we both do NGO work) but now we are here, we are enjoying ourselves and can see a more permanent future living and working in the US so are considering that option.

So the question, it appears that it is legally possible to file for the AOS in our circumstances (as there was no intention to immigrate to the US when I entered the US under the VWP) but in reality how do the US authroities view this? and how are you able to convince them that there was no intention to immigrate when I entered the US? and what are peoples experiences when doing this?

Many thanks in advance for any advice.

[ValerieA 350]

Yes, it is possible to adjust in those circumstances. However it looks to the immigration officials, they are not allowed to deny an AOS based on intent alone (for the immediate relative of a US citizen). As long as you have no other negative factors (criminal record pertaining to moral turpitude, or lying to a border official, for example) you should be fine. I entered the US on a visitor's visa after our marriage and was never asked about intent during the AOS process.