AOS from VWP - 30-60-90 rule

[nitrous_guy 23]

I just have a quick question for all your experienced vj'ers out there.

Say you come to USA to meet your girlfriend again who you've met before for the first time after chatting online on your last trio to usa.

You have a job, a house on mortgage , car, active bank accounts, bills in your home country, all under your name.

You also have a return ticket and your job to go back to once you come back from the trip to usa.

You take annual leave to go and see her again, but this time a few days later, she proposes and they get married in USA within two weeks of his arrival.

You are deeply in love with your girlfriend and don't want to leave her. Even she is fedup with the long distance relationship and wants start a new life together in usa.

My question is, will this been seen as intent to marry, and secondly, can you adjust for AOS after you get married ASAP, or is it best to wait until after 60 days of getting married to file for AOS.

Thanks

[Hypnos 6,578]

The 30-60-90-day rule is a fallacy.

If you know enough to ask about intent here then you will probably know what a contentious issue it can be. Filing for a K-1, or marrying and then filing for a CR-1, is the cleanest and most legal solution all around. Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud. That being said, "spontaneous" proposals happen all the time. Just make sure you can prove a bona fide relationship no matter what path you choose.

[nitrous_guy 23]

The 30-60-90-day rule is a fallacy.

If you know enough to ask about intent here then you will probably know what a contentious issue it can be. Filing for a K-1, or marrying and then filing for a CR-1, is the cleanest and most legal solution all around. Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud. That being said, "spontaneous" proposals happen all the time. Just make sure you can prove a bona fide relationship no matter what path you choose.

Thanks but the question wasn't meant for me, the question was for a friend of mine who is already in usa married

So was wanting to know what they both did would be an issue, that's all.

[CC90 90]

Thanks but the question wasn't meant for me, the question was for a friend of mine who is already in usa married

So was wanting to know what they both did would be an issue, that's all.

I guess you'll find out. We don't know your friends or have crystal balls.

[ImmemorialN 7]

No, shouldn't be an issue. The rule is, as stated above, pretty much myth.

[nitrous_guy 23]

No, shouldn't be an issue. The rule is, as stated above, pretty much myth.

Thanks, thats what I wanted to hear

They are a bit worried, that he would be seen as someone who had an intent, when really didn't, and it was just in the moment they decided to get married.

They were also a bit concerned that meeting on the internet initially, and when asked how they met would raise red flags, as maybe meeting on the internet seems not a good way to meet.

But I am sure they are couples that meet on the internet and decide to get married in the "spur" of the moment and then adjust their status from VWP.

[Xanax 349]

Can we get that statement stickied? It's asked ALL the time!

[AnotherLostSoul 167]

A girlfriend proposes? That's a bit odd to me....o.O

[CarlaDave 27]

Thanks, thats what I wanted to hear

They are a bit worried, that he would be seen as someone who had an intent, when really didn't, and it was just in the moment they decided to get married.

They were also a bit concerned that meeting on the internet initially, and when asked how they met would raise red flags, as maybe meeting on the internet seems not a good way to meet.

But I am sure they are couples that meet on the internet and decide to get married in the "spur" of the moment and then adjust their status from VWP.

More people meet online and eventually get married more often nowadays. That's exactly what my husband & I did. We met online (May 2012), met in person (August 2012), we decided to get married while he was on VWP (October 2012), we filed for adjustment (April 2013), and we were approved (July 2013).

One thing I will add, however, is that we provided proof in both our application AND at interview that Dave did not have the intent to stay. We also provided TONS of evidence that our marriage is genuine. These are two important things that helped our case.

Honestly, it just comes down to proving the original intent was not to get married and that their marriage is bona fide.

Maybe you can suggest to your friends that they join VJ even though you happen to know a lot more about their situation than any of my friends would know about mine. Just saying.

[ValerieA 350]

30/60/90 is not a 'thing', as several have already stated. Intent is also not an issue. Just have them provide good evidence of a bonafide relationship (joint bank accounts, insurance, lease, etc.).

[nitrous_guy 23]

More people meet online and eventually get married more often nowadays. That's exactly what my husband & I did. We met online (May 2012), met in person (August 2012), we decided to get married while he was on VWP (October 2012), we filed for adjustment (April 2013), and we were approved (July 2013).

One thing I will add, however, is that we provided proof in both our application AND at interview that Dave did not have the intent to stay. We also provided TONS of evidence that our marriage is genuine. These are two important things that helped our case.

Honestly, it just comes down to proving the original intent was not to get married and that their marriage is bona fide.

Maybe you can suggest to your friends that they join VJ even though you happen to know a lot more about their situation than any of my friends would know about mine. Just saying.

Thanks Carla & Dave, I will let them know this

If you dont mind, can you please give me some examples you used for "provided proof in both our application AND at interview that Dave did not have the intent to stay. We also provided TONS of evidence that our marriage is genuine."

You can also PM me if you would like to share your examples if you wouldnt want to post it here

Cheers

[Xanax 349]

The burden of proof is not on you to prove you had no intention to stay. Being let into the US at the border if your proof. Otherwise they would not have let you in (if they thought you would stay). That being said, if you had marriage plans, facebook posts stating your intention or any "paper trail" that they could find to indicate you planned to stay, they can and may use it against you.