VMP from Japan, got married within 90days. now overstayed

[crossmyfinger 0]

Hi guys, I am seriously need help now.

I and my wife got engaged 2011 May and waited a year&Half to get married in US after she come over from Japan through VWP. Recently I heard VMP applying green card could cause problem. I wasn't aware of it. Please give me some advice. Below is the timeline of our story. what's the best way to apply her green card now? How to prove that she didn't come over for intention of marriage. (i know this is not proper to ask, but I really don't know what else i can do)

May 2011 engage

Oct 10 2012 She came over with VWP from Japan

Nov 07 2012 I became CITIZEN

Dec 14 2012 We married and get marriage certificate.

Jan 10 2013 Her VMP expired

March 16 2013 We are trying to apply her green card ( Before this day we were very busy on our wedding ceremony which will happen at the end of March, and we don't want to conflict with i130 and 485 schedule. So we waited til now )

[crossmyfinger 0]

Sorry. When I say "VMP", I meant VWP as "Visa Waiver Program"

[Inky 1,111]

Moved from AOS from family based visas to AOS from work student tourist as the OPs wife is adjusting status from VWP as a tourist.

[MedRoni 161]

I guess my main question is... did you intend to get married while she came over for this trip? When she came did you guys have no intentions of getting married and she planned to return home by January 10th?

You said you waited a year and a half to get married in the US after she come over from Japan.

Edited March 17, 2013 by MedRoni

[newacct 688]

I guess my main question is... did you intend to get married while she came over for this trip? When she came did you guys have no intentions of getting married and she planned to return home by January 10th?

You said you waited a year and a half to get married in the US after she come over from Japan.

First, it's whether she intended, not the petitioner. Also, intending to enter to get married is perfectly fine (as long as she did not lie to the officer); it's intending to stay that is not okay.

[crossmyfinger 0]

I guess my main question is... did you intend to get married while she came over for this trip? When she came did you guys have no intentions of getting married and she planned to return home by January 10th?

You said you waited a year and a half to get married in the US after she come over from Japan.

thank you for reply, all of you. I have to be honest that we planed to get married if possible, because we really don't want to wait anymore.

newacct : She did not intented to stay tho. We were even thinking go to live in Japan/Korea/China. we have families there.

[crossmyfinger 0]

The thing is we wanted to have wedding ceremony at the end of March in Hawaii. that was the plan after we married. I heard it could also be a good proof that our marriage is not a fraud. that's why she decided to stay after our marriage date.

[Moomin 292]

Adjusting status from VWP usually isn't a big issue. But you became a citizen 2 months after she arrived and then she decided to stay. I'm not saying there IS an issue. Just that it MAY look like it with immigration goggles on that it may have been planned that she came with the intention of staying because you wre finally eligible to petition her. However, you don't have to prove that she intended or didn't intend to stay - that was already taken care of when she entered the country and the immigration officer decided she was likely to return to home country. But there are the few cases of the intent being questioned at your AOS interview if the situation raises an eyebrow.

Look into the guide of AOS from tourist visa.

WHile you can show pictures of your wedding at the interview(which is good), they are more likely to look for comingling - both names on a bank account, lease/house/insurance/taxes etc. Again, the guide might be a good start for you.

[Boiler 46,198]

If the only significant factors are the one you describe I see no problems.

[crossmyfinger 0]

the question " newacct" asked bring up my attention. Is it true that AOS care more about the intention of overstay more than intention of coming oversea?

are you guys saying that it is ok to tell AOS we intended to get married after she come over?

[Boiler 46,198]

Some members of VJ are concerned about intent to stay when entering.

USCIS less so.

[MedRoni 161]

First, it's whether she intended, not the petitioner. Also, intending to enter to get married is perfectly fine (as long as she did not lie to the officer); it's intending to stay that is not okay.

True... I did not word that as well. Thanks for picking up my slack!

[crossmyfinger 0]

True... I did not word that as well. Thanks for picking up my slack!

that's very interesting to know that we can totally tell officer we intended to come over for marriage. I want to know the opinions from more people tho.

[Boiler 46,198]

Only answer the questions you are asked.

[Jeikun 65]

that's very interesting to know that we can totally tell officer we intended to come over for marriage. I want to know the opinions from more people tho.

There is nothing wrong with getting married in the USA on ANY visa type. People from Japan and other VWP eligible countries come to Hawaii to get married all the time, just as one example.

As was already said the only thing that is in violation of "the rules" is coming on a non-immigrant visa (or VWP) with intention to adjust status. So if she intended to go back when she entered, then changed he mind, there were no rules broken.

the VWP expiring prior to filing AOS used to be a potential big problem. Now it is considered on a case-by-case basis. Nothing is ever a guarantee, but seems you will be fine.