We just planned to get married and I'm in VWP

[peic 0]

Hi everybody,

This is my story:

I met my american GF online almost 1 year and a half ago and we felt in love right away.

After few flights last year between US and France, I decided to take a 3months and move in US to live with her to know if we were actually able to live together and maybe start a life together.

Now I'm in US since 1 month and a half and there's no way to be separated again. I wanted to check if I could find a job and get a work visa but this year the quota has been reached in 5 days....

We talked earlier about a wedding but not seriously. Not we figured that if we wait to much I will have to come back to France at the end of May and it's really emotionally unthinkable.

So we have both decided to get married but we want to do it correctly.

So what do you think about our case because if the point is " I didn't plan to get married when I came" yes it's exactly that we just decided our union recently.

We have bunch of proofs about our relationship is real and that we are endlessly in love with each other.

What is,for you, the best thing to do and when. I want to let you know that I can't imagine leaving her now and come back to my country!

Thank you,

Edited April 8, 2013 by peic

[Harpa Timsah 13,258]

Get married and do this: http://www.visajourney.com/content/i130guide2

Good luck.

[peic 0]

Thank you for your answer!

Do we have to get married before the end of my 90 days here, after (so overstay) or few weeks before so we can file everything before a potential overstay ?

And I will have to get a job so do you know how long is the process to get a work permit after filing documents ?

[Hypnos 6,576]

It doesn't matter when you get married, but you cannot file for AoS until you are married.

USCIS are required to issue employment authorisation documents to AoS applicants (when you apply using an I-765) within 90 days.

Edited April 8, 2013 by Hypnos

[peic 0]

Ok so you are totally sure that we won't be in trouble ? I really want to live with her now and it's not an option for me to come back to my country and be separated again.. (Even if I think everyone here understand me because you were probably in the same case)

Edited April 9, 2013 by peic

[kzielu 1,149]

Ok so you are totally sure that we won't be in trouble ? I really want to live with her now and it's not an option for me to come back to my country and be separated again.. (Even if I think everyone here understand me because you were probably in the same case)

No one can guarantee you no trouble. There have been instances where people were denied AoS from VWP and because of it being from VWP that had no possibility to appeal. If you want to be 100% sure of no trouble, get married, go back, file I-130 for CR-1.

[Anna Grant 169]

Ok so you are totally sure that we won't be in trouble ? I really want to live with her now and it's not an option for me to come back to my country and be separated again.. (Even if I think everyone here understand me because you were probably in the same case)

Of course it's an option for you to go back to you own country. It's what most of the people on this website have done. We all understand you and none of us want to be separated from the people we love.

There is no guarantee that you won't get in trouble. If there is any indication that you entered the US with an intention of getting married AND AOS from within the US, then you are likely to fail and may be barred from the US.

Edited April 9, 2013 by Anna Grant

[Harpa Timsah 13,258]

There is no guarantee that you won't get in trouble. If there is any indication that you entered the US with an intention of getting married AND AOS from within the US, then you are likely to fail and may be barred from the US.

That is not true. I have also seen you say it is the main reason for AOS failing, and it is not so. Intent by itself is not a negative enough factor to deny an AOS. The OP didn't have intent anyway, so it's not worth mentioning here.

[peic 0]

Thank for your anwsers.

In our case we never scheduled or intend to get married before I moved here. We just wanted to know if living together could work. But we didn't expect that It could be impossible for us to be far away from each other again.

What is exactly for you a proof that I had intention of getting married when I came to US ?

Thank you again

Edited April 9, 2013 by peic

[Harpa Timsah 13,258]

We can't tell you for certain 100% that everything will be okay because we don't know you. Maybe you are a criminal. Maybe you arrived on a fake passport. We don't know.

But what I linked above is the process to go through for the situation you describe. If you had a legal entry, are in a real relationship, and are not otherwise inadmissible (being a criminal etc) then you should not expect any hiccups. There are no secret gotchas here.

Keep in mind you won't be able to go home for a while. You will have to stay here until your travel permission is approved (I-131) or forfeit the fees and have your application denied for abandonment. That should take 3 months from when you file. The work permission will be approved at that time too. Good luck.

Edited April 9, 2013 by Harpa Timsah

[Xanax 349]

I agree with everything Harpa has said and I AOS'd from the VWP.

Consider all your options OP and good luck.

[SOflaherty 40]

We did AOS from VWP as well and had no issue. It's not guaranteed, but most people who go through it have no problems.

[peic 0]

Thank you for all these precious informations. Do you think it's better to get married and file the AOS before the end of my 90days or we have time to do this. I feel like we should file everything before but I don't really know. We decided to get married on May so it will be a bit more than 60 days after I came to US do you think it's ok?

Thank you and sorry i'm asking many questions but u just want to it correctly.

[Harpa Timsah 13,258]

It doesn't matter when you get married. Any advice to the contrary is based on myth.

[peic 0]

Hi,

I just come back from our immigration lawyer. He said that our file is clean and we won't be in trouble for this process. But he told me that when I wIll overstay I can't drive a car even with an international driving license AND even with the advance of parole I shouldn't leave the US until I get the GC. We planned to go with my fiancée 3 weeks back to my country when I'll get this paper. Do you think I could be in trouble ? I don't really understand why this fom exist if you can have issues even with. We want to go together so I don't abandoned my future wife so...

What do you think about that ?

Thanks