AOS Interview 9/26/2012 - Adjustment from Tourist Visa

[natalieblake 0]

Dear Visa Journey Forum,

I had recently wrote my story in the 'Wedding - No Pictures' post but I have combed through this site and I can tell you, I am really starting to freak out. I believe that I have enough to show that my marriage is bona fide but I am now wondering if our complete and utter lack of 'planning' (more like the antonym of planning aka uprooted my now husband tornado style from Singapore where we both were living and working to come to Denver) is going to be an issue.

We literally thought since his 'visa' was still valid (visa waiver program, his ESTA visa is valid for 2 years), that was good enough. I know, I know, that is completely ignorant but we did it. He is here, we are married, we filed for everything (I485, I130, I131, I765), and now we have an interview and I am terrified that my response of 'ooooooooooooo, wellllllllll, you seeeeeeeeeee, we-didn't-really-do-our-homework-but-I-can-assure-you-that-we-are-mature-adults-who-are-eager-for-him-to-start-contributing-to-American-society' is NOT GOING TO CUT IT!

How do you explain someone coming in on a tourist visa and getting married without it sounding COMPLETELY ILLEGAL???!!! I know my ignorance is going to push the wrong buttons especially with those out there who have been apart from their better half for years going through the process the right way but if someone out there has adjusted status from a tourist visa, I would love to hear your interview experience.

Your insight is greatly appreciated and I thank you for taking the time to read my story.

Natalie

[hmh33 117]

They very likely won't even ask about his entry. At an AoS interview the officer is focused on confirming the legitimacy of the marriage and the admissability of the applicant. Relax, answer the questions honestly and you will be fine.

[iaia 8]

'ooooooooooooo, wellllllllll, you seeeeeeeeeee, we-didn't-really-do-our-homework-but-I-can-assure-you-that-we-are-mature-adults-who-are-eager-for-him-to-start-contributing-to-American-society' is NOT GOING TO CUT IT!

In this part of the forum we are all in the same boat. But your comment made me laugh! hahaha

I thought the same thing tho...

Good luck! a lot of people can help you here

[EM_Vandaveer 2,417]

Just to reassure you: at my AOS interview, the question of entry on VWP and wedding soon after did not even come up. The IO was asking the usual Yes/No questions on the I-485, also if I had left the US since my entry (I had not) and we had to explain our relationship developing so quickly (we had known each other for about two months when we got married).

By the way, we were completely clueless about the whole process, too. In hindsight that is actually a good thing, because we really did not plan for me to stay here permanently at that point, we realized only later that if we went to my home country to visit my family before my 90 days on the VWP was up (as we originally planned), then it would be complicated for me to get back to the US, so we decided to file for AOS instead. No problems whatsoever, although it was a waiting game, and that aspect was nerve-wrecking at times.

Edited September 5, 2012 by EM_Vandaveer

[natalieblake 0]

thank you all! i appreciate the responses

[saro 0]

Nothing to worry fortunately immigration law change very often, so in 2009 who entry in usa with VWP was allowed to apply for adjustment of status upon marriage . law changed at the end of 2009 who marry a USC can not apply for adjustment of status, must leave the country ask forgiveness for the overstay and apply abroad. fortunately the law changed again in 2011, so now upon marriage anyone who entry with VWP can apply for adjustment of status without any problems, so relax. im in the same boat the important thing is that the marriage must be real, on the uscis office nobody is stupid they are trained for, and believe me they understand rightway a frode marriage, i married a wonderful girl last year, my intervew will be in october, anyway good luck.. apologize for my english but hope u understood.

[Hypnos 6,578]

The law has not changed recently in any manner that you describe.