Can Adjustment of status be done whilst in the US on esta VWP?

[Gia2577 12]

My i130 got approved yesterday and I am currently visiting my husband in the US whilst on a esta Visa Waiver Program. Can I apply for adjustment of status? Or do I have to go back?

Hi

well it seems I am kinda in your situation back in May. I am in the US visiting my husband right now under VWP and have to leave in a couple weeks and today bc of the massive delays we went in for an INFOpass appt to discuss what the hold up might be. We were advised by our immigration officer that if we get our approval whilst here that we can apply for AOS to stay which we were totally surprised about as we had not heard anything like this before and left the USCIS office elated. However bc I had never heard about this before I have been researching not he net and through my google search found this thread. Did you actually try the AOS or did you leave to go back to the UK? The UK is generally quite quick anyway as you have USCIS there. Just curious thanks.

[visawaver 2]

More fear mongering fraud screamers I see."Intent" is not a factor for those married to a US citizen. Furthermore,there is no law against changing one's mind.Immigration is more concerned about the validity of ypur relationship.To say that having a previous I-130 shows previous intent is just plain false.If you are currently in the US,you can adjust status.Do not listen to these people who are preoccupied with showing off their "knowledge" of immigration law by screaming "fraud and "intent" every chance they get.They are just plain wrong and seem to enjoy misleading people.

[Umka36 781]

Might as well not file for the I-130 or I-129F petition then, since all you need to do is get through CBP and file the AOS.

[Soul Froosh 31]

More fear mongering fraud screamers I see."Intent" is not a factor for those married to a US citizen. Furthermore,there is no law against changing one's mind.Immigration is more concerned about the validity of ypur relationship.To say that having a previous I-130 shows previous intent is just plain false.If you are currently in the US,you can adjust status.Do not listen to these people who are preoccupied with showing off their "knowledge" of immigration law by screaming "fraud and "intent" every chance they get.They are just plain wrong and seem to enjoy misleading people.

Thanks for this - this all makes sense. I seem to get conflicted info regarding AOS while currently in the US as a tourist. There's one camp who will say (from experience) "I married legitimately, stayed here, and adjusted status no problems". Then there's this other camp that screams all the fine print regarding "intent" and "fraud", making the whole process seem too risky to consider.

Are there any people here who have successfully remained in the USA with their loved one and got the AOS?

[SONG41 15]

Thanks for this - this all makes sense. I seem to get conflicted info regarding AOS while currently in the US as a tourist. There's one camp who will say (from experience) "I married legitimately, stayed here, and adjusted status no problems". Then there's this other camp that screams all the fine print regarding "intent" and "fraud", making the whole process seem too risky to consider.

Are there any people here who have successfully remained in the USA with their loved one and got the AOS?

Yes that is exactly what my husband did.

We where really scared after reading all the posts but we knew he had come into USA with no intent to stay & everything went really well.

He finally became a USA citizen 3 days ago!

[Soul Froosh 31]

Yes that is exactly what my husband did.

We where really scared after reading all the posts but we knew he had come into USA with no intent to stay & everything went really well.

He finally became a USA citizen 3 days ago!

Thank you!

I'm looking at your timeline but it's so complicated. Could you give me some basic details?

Did he come in on a Visa Waiver?

Did he overstay at all?

Was he able to stay in the US during the whole process?

Could you just explain it all in a simple timeframe?

Thanks.

[belinda63 3,047]

The only caveat I am going to give here is that by entry on the VWP he forfeits any rights to appeal if there is a denial.

[Harpa Timsah 13,258]

This thread is 6 months old. if someone has new questions, please start a new thread.

[SONG41 15]

This is our timeline.

He entered on VWP I convinced him to marry me!!

We got married before his VWP expired but once married he was here as an overstay until we applied AOS.

So he did….he overstayed his Visa for 6 months before we applied as we had to get all his paperwork & medical records sent to us.

He was an overstay out of status for 6 months.

FIRST DATE APRIL 13, 2006
ENTERED USA ON MARCH 30, 2009
GOT ENGAGED APRIL 13, 2009
GOT MARRIED JUNE 13, 2009
I94 EXPIRES JUNE 28, 2009

Applied AOS Jan 2010