AOS of Visa Waiver program

[Help!! 0]

So I've been in the states for about 25 days visiting my wife on the visa waiver program (I'm a British citizen).

My plan was to come over here and spend some time with her, go site seeing and leave before my 90 days was up. To explain our situation, we haven't put in any petitions for immigration as we were unsure which country we'd like to spend the rest of our lives in so no paperwork has been filed in either of our countries. We found out today that my wife is pregnant, she visited the UK a few of weeks before I left so looks like he/she was conceived on British soil

My question is whether or not I can stay on US soil if we were to apply for the adjustment of status to my visa waiver. I've looked all over the internet and this seems like a bit of a gray area, and I've been unable to find any example which fit our situation.

Any help would be greatly appreciated as I can't bear the thought of leaving my pregnant wife alone whilst I go back and we start the immigration process.

Many thanks

[Done--Really 331]

Not a chance--AOS is generally for someone who entered the US legally, got married here without it being a "plan" to immigrate, and has not left

Edited March 16, 2013 by magical

[Help!! 0]

But my plan wasn't to immigrate? When I entered the country I brought letters from my work advising of an extended holiday and my due date back, I had a copy of the lease from the apartment I live in and I had a rough itinerary with hotel bookings as we planned on seeing some of the country. I brought all this because I was told that I may be asked about my intentions to stay/leave and that if I could prove that I planned on returning then I wouldn't be denied entry.

Edited March 16, 2013 by Help!!

[Boiler 46,198]

Ignore the previous reply, there is information here about adjusting status. Look in the guides. There is certain documentation you will need that you will need to get sent over.

Not sure why you did not find information, very common.

If you have any issues a one time consultation with an Immigration Lawyer would be a good idea, for most people DIY is fine.

[Mariana2012 89]

http://www.visajourney.com/forums/topic/419947-aos-interview-approved/

Adjustment story from VWP

Edit . I just saw that you are already married. This is a story about someone who got married in the US adjusting from VWP

Edited March 16, 2013 by Mariana2012

[Done--Really 331]

Yes, you should ignore my previous reply...I was reading it as if you were planning to stay when you arrived...my error. And your evidence makes it more likely that you will successfully AOS !!

Edited March 16, 2013 by magical

[Nich-Nick 3,354]

So I've been in the states for about 25 days visiting my wife on the visa waiver program (I'm a British citizen).

My plan was to come over here and spend some time with her, go site seeing and leave before my 90 days was up. To explain our situation, we haven't put in any petitions for immigration as we were unsure which country we'd like to spend the rest of our lives in so no paperwork has been filed in either of our countries. We found out today that my wife is pregnant, she visited the UK a few of weeks before I left so looks like he/she was conceived on British soil

My question is whether or not I can stay on US soil if we were to apply for the adjustment of status to my visa waiver. I've looked all over the internet and this seems like a bit of a gray area, and I've been unable to find any example which fit our situation.

Any help would be greatly appreciated as I can't bear the thought of leaving my pregnant wife alone whilst I go back and we start the immigration process.

Many thanks

Try asking or reading in this forum http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/ which is where those adjusting from VWP post.

Or this to see the progress reports people chat about http://www.visajourney.com/forums/forum/138-adjustment-of-status-case-filing-and-progress-reports/

A comment on the previous post--You did enter legally. You didn't swim the Rio Grande or get smuggled across the border. VWP entry is legal.

[Mariana2012 89]

Not a chance--AOS is generally for someone who entered the US legally, got married here without it being a "plan" to immigrate, and has not left

Seriously? Jumping right in with false negative " facts " ?

[Help!! 0]

So I've been in the states for about 25 days visiting my wife on the visa waiver program (I'm a British citizen).

My plan was to come over here and spend some time with her, go site seeing and leave before my 90 days was up. To explain our situation, we haven't put in any petitions for immigration as we were unsure which country we'd like to spend the rest of our lives in so no paperwork has been filed in either of our countries. We found out today that my wife is pregnant, she visited the UK a few of weeks before I left so looks like he/she was conceived on British soil

My question is whether or not I can stay on US soil if we were to apply for the adjustment of status to my visa waiver. I've looked all over the internet and this seems like a bit of a gray area, and I've been unable to find any example which fit our situation.

Oh and just to clarify I had no intent on staying when I entered the states this time round. When I entered the country I brought letters from my work advising of an extended holiday and my due date back, I had a copy of the lease from the apartment I live in and I had a rough itinerary with hotel bookings as we planned on seeing some of the country. I brought all this because I was told that I may be asked about my intentions to stay/leave and that if I could prove that I planned on returning then I wouldn't be denied entry.

Any help would be greatly appreciated as I can't bear the thought of leaving my pregnant wife alone whilst I go back and we start the immigration process.

Many thanks

[Inky 1,111]

My question is whether or not I can stay on US soil if we were to apply for the adjustment of status to my visa waiver. I've looked all over the internet and this seems like a bit of a gray area, and I've been unable to find any example which fit our situation.

Basically - you should NOT leave the US if you apply for adjustment of status while inside the USA. Stay for the whole process and when you have your green card in hand then you can leave/travel outside the USA if you wish to do so.

[lynndy38 64]

First off HUGE congratulations on the baby!!!!

I am just wondering though how you're going to stay in the USA and not return 'home' to sort out everything you have back in the UK. I know you can hand your notice in at work but how are you going to sort out your apartment etc? Im hopefully 2 weeks off moving stateside so have spent the past few weeks emptying my flat cancelling direct debits,mobile phone ect(I know I'm acting too prematurely and its not recommended before folk chime in with that,Im hopeful for once!!!)anyway its been really stressful doing it myself here in the UK,Im just wondering how on earth you'll tie up loose ends the from the USA.Just another thing for you to consider.

From what I understand you won't be able to leave the USA once you file AOS? You have a difficult situation here and sadly your partner being pregnant won't rush you through the CR1 if you do return to the UK.

Lotsa luck

[Help!! 0]

First off HUGE congratulations on the baby!!!!

I am just wondering though how you're going to stay in the USA and not return 'home' to sort out everything you have back in the UK. I know you can hand your notice in at work but how are you going to sort out your apartment etc? Im hopefully 2 weeks off moving stateside so have spent the past few weeks emptying my flat cancelling direct debits,mobile phone ect(I know I'm acting too prematurely and its not recommended before folk chime in with that,Im hopeful for once!!!)anyway its been really stressful doing it myself here in the UK,Im just wondering how on earth you'll tie up loose ends the from the USA.Just another thing for you to consider.

From what I understand you won't be able to leave the USA once you file AOS? You have a difficult situation here and sadly your partner being pregnant won't rush you through the CR1 if you do return to the UK.

Lotsa luck

Well fortunately my apartment is all inclusive, I pay one lump sum each month and the landlord pays all my bills...which fortunately are in his name. The clearing of the apartment is a little tricky though, fortunately I have a lot of support from my friends and family who have offered to put my stuff in storage till a date I can return and sort it out. The only thing which sucks is my mobile phone, still have a few months left on the contract, but other then that I can cancel direct debits and transfer myself funds from my british account to my shiny new US account. I mean I hope I'm not missing anything else, but please let me know if I'm being way too positive about the whole thing

[Help!! 0]

Oh and thanks for the info on teh AOS. I mean this wasn't planned and hardly an ideal situation, but I love my wife dearly and I simply can't go home and start the CR1 process at the risk of missing the birth of my first child

[Nich-Nick 3,354]

Well fortunately my apartment is all inclusive, I pay one lump sum each month and the landlord pays all my bills...which fortunately are in his name. The clearing of the apartment is a little tricky though, fortunately I have a lot of support from my friends and family who have offered to put my stuff in storage till a date I can return and sort it out. The only thing which sucks is my mobile phone, still have a few months left on the contract, but other then that I can cancel direct debits and transfer myself funds from my british account to my shiny new US account. I mean I hope I'm not missing anything else, but please let me know if I'm being way too positive about the whole thing

Get all important documents sent over like birth certificate, immunization records, prior divorce decrees, before they get packed away to storage. Mobile phone bill is minor compared to the chance to stay with your pregnant wife.

[dream3r 2]

pardon, me for hijacking the tread, i am in somewhat similar situation. I've been reading up a lot, and aware, if you're filing for AOS, you can't leave the country. that's going to be though, if you're on short term work assignment, 1 month work assignment, extending another month for personal vacation. I guess it's something I need to sort out with my company back in my home country? am at wits end.