Filing AOS from VWP

[jonnyego 0]

Hello everyone, after lurking for a couple of weeks I thought I'd finally pluck up enough courage to post.

The last few months of my life have been some of the best/exciting/crazy times of my life and it has ended with me being in a somewhat sticky situation.

I flew over to the US in September working for a UK based start-up company that had just opening its first office in California. I was out with the new US CEO helping him with product training, contract negotiation and meetings with various new suppliers/partners. I went home in Dec for over a month to see my family for Christmas and flew back out again (we are currently developing a new product in the tech industry). I did this on the VWP and have never overstayed although have nearly maxxed out my 90 days on both occasions.

On 1st February I met my GF at Church and things have progressed really fast. She does not want me to leave and I do not want to leave her either. We are going to the marriage license office tomorrow with the intention of getting married within the next two weeks.

However, my ESTA expires on the 25th of this month. By the time we get our license, get married and receive our certificate I will definitely be out of status. It is our intention to file for AOS as soon as possible but it will be after my VWP deadline. Going home is not an option, both financially and emotionally for us. So we have been told AOS is the best route although it will mean I am stuck here unable to work for a few months and cannot return home until I receive my green card. (Luckily I have enough savings to cover this comfortably).

We have been living separately (me in the company's apartment and her still living with her parents - studying for her masters), but we are signing a room in a house this week, setting up a joint bank account for rent and groceries together and plan to file as soon as possible. As she is a student and the company I work for is a start-up (little money), one of our close friends has offered to be an affidavit of support for me and therefore I assume files as a joint sponsor.

I have two complicating and worrying factors.

1.) It it almost certain I will be marrying and filing after my vwp expires, what are the ramifications of this?

2.) After being a silly boy in the UK, I have a DR10 (drink driving record) from last year. No complicated or aggravating factors, I was spot checked in the morning going to work after a night out and was found over the limit. Ashamed and disgusted with myself is an understatement. But what affect will this have on my application? Needless to say this is the one and only time I have ever been in trouble with the police both in the UK and here in the US.

I am going for a free consultation with a Immigration Lawyer tomorrow near Long Beach, CA but wanted some feedback on here first. I am not sure I can afford an extra $3k for a lawyer and ideally will file the paperwork myself, especially as I am committed to having to pay bills, food, rent for a couple of months before I can legally work.

Any advice much appreciated,

J

[newacct 688]

1. no ramifications

2. maybe

[woodsman4cb 8]

I don't think the DWI will be a factor, but overstaying your visa could be. The way I understand it, you would need to not over stay, and will have to go back to your country, file, wait for an interview at the US embassy, like everyone else...

There is lots of information on here guiding you through the steps.

Good Luck!!

[JohnR! 5,495]

Hello everyone, after lurking for a couple of weeks I thought I'd finally pluck up enough courage to post.

The last few months of my life have been some of the best/exciting/crazy times of my life and it has ended with me being in a somewhat sticky situation.

I flew over to the US in September working for a UK based start-up company that had just opening its first office in California. I was out with the new US CEO helping him with product training, contract negotiation and meetings with various new suppliers/partners. I went home in Dec for over a month to see my family for Christmas and flew back out again (we are currently developing a new product in the tech industry). I did this on the VWP and have never overstayed although have nearly maxxed out my 90 days on both occasions.

On 1st February I met my GF at Church and things have progressed really fast. She does not want me to leave and I do not want to leave her either. We are going to the marriage license office tomorrow with the intention of getting married within the next two weeks.

However, my ESTA expires on the 25th of this month. By the time we get our license, get married and receive our certificate I will definitely be out of status. It is our intention to file for AOS as soon as possible but it will be after my VWP deadline. Going home is not an option, both financially and emotionally for us. So we have been told AOS is the best route although it will mean I am stuck here unable to work for a few months and cannot return home until I receive my green card. (Luckily I have enough savings to cover this comfortably).

We have been living separately (me in the company's apartment and her still living with her parents - studying for her masters), but we are signing a room in a house this week, setting up a joint bank account for rent and groceries together and plan to file as soon as possible. As she is a student and the company I work for is a start-up (little money), one of our close friends has offered to be an affidavit of support for me and therefore I assume files as a joint sponsor.

I have two complicating and worrying factors.

1.) It it almost certain I will be marrying and filing after my vwp expires, what are the ramifications of this?

2.) After being a silly boy in the UK, I have a DR10 (drink driving record) from last year. No complicated or aggravating factors, I was spot checked in the morning going to work after a night out and was found over the limit. Ashamed and disgusted with myself is an understatement. But what affect will this have on my application? Needless to say this is the one and only time I have ever been in trouble with the police both in the UK and here in the US.

I am going for a free consultation with a Immigration Lawyer tomorrow near Long Beach, CA but wanted some feedback on here first. I am not sure I can afford an extra $3k for a lawyer and ideally will file the paperwork myself, especially as I am committed to having to pay bills, food, rent for a couple of months before I can legally work.

Any advice much appreciated,

J

My suggestion is that you return home after getting married and have the process run its course, while you can work and prepare to return and enter the country with the proper visa.

I am quite sure the USCIS will find it suspicious that you came to the US on a business trip and yet found the time to meet someone and get married. It may look somewhat askew that someone should leave home for a short business trip fully prepared to not return home. It also sounds strange that while you state that returning home is not financially feasible you also state you are prepared to bear the financial burden of renting a home for the time it will take you to get your work permit.

Let me go on record and say I am not passing judgment on you, so much as I am trying to point out where your situation may reek of fraud in the eyes of the USCIS.

I wish you good luck whatever your decision.

[jonnyego 0]

My suggestion is that you return home after getting married and have the process run its course, while you can work and prepare to return and enter the country with the proper visa.

I am quite sure the USCIS will find it suspicious that you came to the US on a business trip and yet found the time to meet someone and get married. It may look somewhat askew that someone should leave home for a short business trip fully prepared to not return home. It also sounds strange that while you state that returning home is not financially feasible you also state you are prepared to bear the financial burden of renting a home for the time it will take you to get your work permit.

Let me go on record and say I am not passing judgment on you, so much as I am trying to point out where your situation may reek of fraud in the eyes of the USCIS.

I wish you good luck whatever your decision.

All valid points. I was under the impression returning home was a more expensive process to begin with, not to mention to cost of flights to come back out again instantly adds $1k to the bill. As for the no time argument, the business is not mine, I was working as an intern. The founder has a 3 year old child and did not want to come out the the US for 6 months to set up the company and sent me instead. I work three days week, have a "free" place to stay (company apartment) and the company pays my food bills. I have a small (living wage) paid from the UK into my UK bank account. I also cannot do any direct work for the US company itself, so I have had free time on my hands (just retorting your statement).

Also - maybe this does not have much bearing but we are both devout Christians, so we believe in no intimacy before marriage. Neither of us have ever been in this situation, but marriage is what we both want and we want to be together. I have no worries we can prove the legitimacy of our marriage...

J

[Alaska2012 462]

Were you working on your VWP?

[jonnyego 0]

Were you working on your VWP?

I have been working for a UK company that is setting up an US office in California but not the entire time. It was part work, part holiday. This was all declared upon entry as you are allowed to work on VWP as my work was on contract and negotiation on behalf of the UK company. I would post a link but it will not allow me to...yet.

Hope that clarify's your question!

[Teddy B 17,252]

I have been working for a UK company that is setting up an US office in California but not the entire time. It was part work, part holiday. This was all declared upon entry as you are allowed to work on VWP as my work was on contract and negotiation on behalf of the UK company. I would post a link but it will not allow me to...yet.

Hope that clarify's your question!

To my knowledge, one can look for work on VWP, but one cannot actually begin working without the proper work visa. If USCIS gets wind of you working on VWP, that could cause problems. I dont really see your overstay as a problem. A lot of things are usually forgiven once married to a USC, but I would definitely talk to the lawyer about your working on VWP.

[Harpa Timsah 13,258]

The work is not an issue - VWP is also for business trips like a B1. He declared it and everything is above board. Illegal work is forgiven for spouses of USCs anyway, but his "work" was not illegal. It was meetings and the like.

OP - A short courtship is a red flag of sorts, but it can be overcome with good evidence and just by being in a real relationship. You will have a mandatory joint interview and they will ask you questions about your choice, so it's nothing to worry about.

You will need arrest records and things from the UK for your drunk driving. I hope someone can get them for you. I do hope you said "yes" to this arrest when you applied for the VWP, or else you will be in a heap of trouble. I would not advise going forward if you lied in anyway on your ESTA. Drunk driving can be a CIMT in some cases so I might have a consult with a lawyer.

Edit: Hopefully you are okay on the CIMT. http://www.state.gov/documents/organization/86942.pdf

Edited April 8, 2013 by Harpa Timsah

[jonnyego 0]

To my knowledge, one can look for work on VWP, but one cannot actually begin working without the proper work visa. If USCIS gets wind of you working on VWP, that could cause problems. I dont really see your overstay as a problem. A lot of things are usually forgiven once married to a USC, but I would definitely talk to the lawyer about your working on VWP.

That's good to hear overstay is not usually considered a problem. I found a thread saying it was not an issue but wanted some clarification for someone in my own personal situation.

Also - regarding work. I will state once more than I am working for a UK Company, being paid in the UK into a UK bank account...

I am not working illegally in the US. My company has a subsidiary in the US that I am helping set up and work on contract negotiation with as a representative of the UK business.VWP covers this as it is classed as a business trip of less than 90 days...

[jonnyego 0]

The work is not an issue - VWP is also for business trips like a B1. He declared it and everything is above board. Illegal work is forgiven for spouses of USCs anyway, but his "work" was not illegal. It was meetings and the like.

OP - A short courtship is a red flag of sorts, but it can be overcome with good evidence and just by being in a real relationship. You will have a mandatory joint interview and they will ask you questions about your choice, so it's nothing to worry about.

You will need arrest records and things from the UK for your drunk driving. I hope someone can get them for you. I do hope you said "yes" to this arrest when you applied for the VWP, or else you will be in a heap of trouble. I would not advise going forward if you lied in anyway on your ESTA. Drunk driving can be a CIMT in some cases so I might have a consult with a lawyer.

Edit: Hopefully you are okay on the CIMT.

Yes I consulted a Lawyer in London regarding my ESTA. Thanks for posting the link above showing my Drink Driving is NOT a CIMT. (I have ONE single offense with NO aggrevating factors).

I did not lie on my ESTA so I fail to see how I would have any issues with this. My parents should be able to obtain my arrest records from the UK and send them over. Will I have to send them with my initial application or will they be questioned at my interview? It sounds like in my situation paying extra for an immigration Lawyer might be worth the expense...

Thank you so much for everyone's feedback - I am so excited about being with the woman that I love, it is certainly not an ideal situation to meet your soul-mate in a foreign country but god works in mysterious ways. I will post back feedback from the meeting my Lawyer tomorrow for anyone that is interested, and if anyone has anything additional to comment, please do so. The more opinions and advice the better - positive or negative.

Thank you all so much for your input again,

J

[Hypnos 6,578]

1) Your overstay will be a non-issue due to adjusting as an immediate relative of a US citizen. Immediate relative = spouse, minor child (under 21), parent, widow/er of a US citizen. Overstay is not penalised for immediate relatives, be it ten days or ten years.

2) Per http://en.wikipedia....Moral_turpitude drunk driving is not considered a CIMT. You will need documentation of the arrest and conviction, which from the UK is easily obtained.

Short of the drunk driving issue (which you must declare on your I-485 and which you need to have declared on your ESTA - you could have big problems if you didn't) it would probably be a straightforward AoS from VWP, provided that you can show proof of a bona fide relationship and marriage.

Edited April 8, 2013 by Hypnos

[jonnyego 0]

1) Your overstay will be a non-issue due to adjusting as an immediate relative of a US citizen. Immediate relative = spouse, minor child (under 21), parent, widow/er of a US citizen. Overstay is not penalised for immediate relatives, be it ten days or ten years.

2) Per http://en.wikipedia....Moral_turpitude drunk driving is not considered a CIMT. You will need documentation of the arrest and conviction, which from the UK is easily obtained.

Short of the drunk driving issue (which you must declare on your I-485 and which you need to have declared on your ESTA - you could have big problems if you didn't) it would probably be a straightforward AoS from VWP, provided that you can show proof of a bona fide relationship and marriage.

Ok thanks,

I am concerned over my statement on my ESTA. On the application you are asked "Have you ever been arrested or convicted of a Crime involving Moral Turpitude."

Seeing as a single and "simple" Drink Driving Conviction is not considered a crime of moral turpitude according to the US government (See below) I don't see why not declaring my conviction on my ESTA would land me in trouble. My lawyer told me to put no on my ESTA as a CIMT is clearly defined as NOT including a drink driving offense. And also US Border Control and Customs have stated in emails to write "no" in your ESTA application under CIMT for drink drivers.

http://www.state.gov/documents/organization/86942.pdf

[Hypnos 6,578]

You are fine to have answered "No" to that question then. I've not used an ESTA myself so believed it had a blanket question about whether you have ever been convicted of any crime (for which the answer would be yes).

With the qualification then the answer is "No" for you and there should be no issue, but you will need documentation of the arrest and conviction, as I said above.

Edited April 8, 2013 by Hypnos

[Anna Grant 169]

I think you have every chance of being successful with this. You did not know your now fiancee when you entered the US on 25 Jan, so you did not enter the US with the intention of getting married - this is the main reason that people fail in AOS from the VWP. As you met for the first time at church, there would presumably be witnesses to that first meeting and that it was, in fact, your first meeting?

Having said this, it would be useful to speak with the lawyer tomorrow. It may be worth engaging a lawyer, if you feel that this is the right person for you. Ask if they have experience of AOS from VWP. Although you know that you are genuine, USCIS will be trying to ascertain whether you are.