Adjustment of Status while on the Visa Waiver Program (VWP)

[Stroopwaffel 0]

My fiancee is currently visiting the US on the VWP from the UK. He entered March 11th and has a return ticket to go back on June 7th. We have been using the VWP since January 2012 in order for us to be together (we met during his first trip to the US the previous October). He has visited the US four times (this trip included), and has never overstayed (he's self employed, so the trips don't affect work to much). His trips, however, have been long, often lasting 2.5 months or so each time.

We have had it in our minds from the start to go the K-1 route, since we believed it was the only way for us to stay together in the US. We'd heard of AOS, but believed it to be a high-risk loophole. However, after speaking with numerous family members, we have been told that this is in fact not an illegitimate way of doing things, and have heard of a few stories of family friends/acquaintances (all from China) going this route with success.

This has made us think really hard about what route we should be taking - we didn't have ANY intention at all about getting married during this trip (my fiance only just proposed to me at the end of March), so this has thrown me for a loop. We are currently (as of today) 51 days into the VWP. If we were to get married and file for AOS before the 90 day period were up (June 9), how does this affect his status, so to speak? For example, if we got married on May 30th and sent out our AOS on May 31st and it was confirmed as accepted on June 4th, does this mean he has not "overstayed", and that the clock (effectively) stops? Or does this occur once we are married (I presume not)?

Also, everything I have been reading says that we need to prove our marriage with things like joint bank accounts, rental agreements, etc. We have none of those things since he has only been here visiting on the VWP, and cannot obtain these things while using the program (we currently live together, but it is just my name and another roommates name on the lease). Is this something that USCIS takes into account? The only thing we could provide is proof of relationship, and signed affidavits from family stating that we are in a bona fide relationship.

We know that our true intent was NOT to get married and adjust status, however I'm wondering if USCIS will see it that way. I hate to use the whole, "we just couldn't STAND to be apart for the duration of the CR-1!" excuse, but in truth, my fiance has to make these trips back and forth constantly and it's a huge financial and emotional strain for the both of us. In our heads, we're practically married anyhow, so going ahead and actually getting married isn't a massive change for us. I just want to believe that this is a valid way to be doing things, and I think the biggest mental hurdle I have is, "if it's really that easy, why don't people do it more often?"

Should I be as worried as I am?

[seth2013 39]

You shouldn't have any trouble, go ahead and get married and file for AOS as soon as you can. The officers usually realize that, as the immigrant is newly in the US, you won't have a lot of the things like joint accounts and such. Save all those old boarding passes, photos, etc and gather as much proof as you can during the waiting period. Good luck!

[mymarriagejourney 113]

You have to be married before you can file AOS. After you are married and file the paperwork, he would enter a new period of legal stay in the US, and the VWP requirements would not be relevant. However, he would not be able to leave the US until he gets an advance parole document or his green card.

The process is perfectly legal and legitimate, or it wouldn't be offered as an option.

[ImmemorialN 7]

Went down that road myself, all has been good thus far!