Should we file a new AOS now that my wife is here in US?

[VanessaTony 3,567]

Back in April my wife and I sent in a I-130,I-485 package while she was here on a VWP.(We got married while she was here on a VWP it was my idea,and she didn't enter with the intent to do so.)She had to return home suddenly for a family emergency a month later,so we canceled the whole package when she left, (including the I-130,mistakenly thinking that was the right thing do.A very foolish move we found out afterwards!) We re-filed the I-130 in June,intending to re-start the process, do things correctly,and interview in her home country for the CR-1 visa.

My wife arrived in the US for another visit 2 weeks ago,intending to return home again after 2 months to wait for the CR-1 interview in her home country.

Well things have since changed. I had an unexpected financial setback and now both of us traveling back and forth to her home country like we planned will be an extreme hardship.Also,we have decided that we no longer want to be separated unnecessarily if there is an alternative.

So the question is, since my wife entered the US legally,without prior intent to stay,should we try filing the AOS package again?

SHOULD you? No. I think it would be incredibly foolish of you.

CAN you? Yes.

Given your history (marrying on the VWP, attempting to AOS on the VWP which was subsequently cancelled) and now attempting to AOS again from the VWP... I would think it's too risky... but then I'm all for doing things the proper, safe, and legal way. Which isn't to say AOS from the VWP isn't legal, it is, it's just not legal with intent.

Also, "no longer want to be separated unnecessarily if there is an alternative"? You KNEW there was an alternative when she entered. I'm sorry but I don't buy it. It's not me you need to worry about though. So make your choice and live with the consequences (or benefits), whatever they may be.

[Cathi 5,794]

if you want to take the chance of your wife being banned for life because you've already played the system once and file AOS again, yes you can. But would one single person on this forum recommend it? NO

[Hypnos 6,578]

I think if you try to AoS again then you could well receive more scrutiny than usual, since you've already tried an AoS once already.

I personally would not do it, but it's ultimately up to you. Your previous filings may demonstrate a pattern of behaviour to USCIS, and it's not a favourable one.

[St&Sv 33]

If you truly wanted straight answers then you should have contacted a lawyer, sure you have finical hardships right now but no one here appreciates people who try to play the system. We all have our reasons for not wanting to be separated from the one(s) we love, but this is one of the reasons the process becomes more difficult for others. It's a shame that you take these risks with her as well, one which may include a ban, but this is just my 2 cents. Sure you can file the AoS but understand you are taking the risk, one that you already did once and succeeded but to try it again is up to you.

Edited August 14, 2013 by St&Sv

[aamirpearl 47]

Back in April my wife and I sent in a I-130,I-485 package while she was here on a VWP.(We got married while she was here on a VWP it was my idea,and she didn't enter with the intent to do so.)She had to return home suddenly for a family emergency a month later,so we canceled the whole package when she left, (including the I-130,mistakenly thinking that was the right thing do.A very foolish move we found out afterwards!) We re-filed the I-130 in June,intending to re-start the process, do things correctly,and interview in her home country for the CR-1 visa.

My wife arrived in the US for another visit 2 weeks ago,intending to return home again after 2 months to wait for the CR-1 interview in her home country.

Well things have since changed. I had an unexpected financial setback and now both of us traveling back and forth to her home country like we planned will be an extreme hardship.Also,we have decided that we no longer want to be separated unnecessarily if there is an alternative.

So the question is, since my wife entered the US legally,without prior intent to stay,should we try filing the AOS package again?

The exception to this is for immediate relatives of U.S. citizens who are the beneficiaries of an immediate-relative petition and file an adjustment of status application within the 90 day authorized period. Sometimes, after people arrive in the U.S. on VWP, they might change their minds and decide they want to stay permanently with their U.S. citizen family member. If you are in the U.S. based only on the VWP, then you can file for a green card based on marriage to a U.S. citizen, or being the child of a U.S. citizen (under 21 years old and unmarried), or being the parent of a U.S. citizen, and the U.S. citizen child who petitions for you must be 21 years or older (these three bases together is called the “immediate relatives” category). However, a VWP holder who files for an AOS outside of the 90-day period or is otherwise placed in removal proceedings may be ineligible for an adjustment of status, even if they are an immediate relative. For all other kinds of green card applications, you will still have to go through the consulate in your country after the initial petition has been approved by the USCIS.For example, Sara lives in England. Dan lives in Chicago and is a U.S. Citizen. Sara and Dan have been dating for 2 years, and Sara often comes to Chicago to visit Dan, never staying for more than 90 days. During one of Sara’s trips to Chicago, Dan proposes and Sara says yes. Can they get married right away, so that Sara can apply for her green card and stay with Dan? Yes. Sara can file her adjustment of status at the same time that Dan files the immigration petition (I-130) petition for her within 90 days of Sara’s arrival at the US.However, green card applications filed by people present in the U.S. through VWP must be carefully addressed. Applicants should still be prepared to document that they did not have preconceived intent. Second, applicants should pay careful attention to timing, and be sure to file their application while they are still in VWP status in the U.S.Applicants should make it a priority, if they are eligible and decide to file for a green card while in the U.S. on the VWP, to file it within 90 days of entry. People who enter on the VWP are only allowed to stay for 90 days. After that, they are unlawfully present in the U.S., and can be removed by the government if caught. People who enter on VWP, as a condition of their entry, waive their right to review before an immigration judge prior to removal. A pending application for a green card does not protect an applicant who entered under VWP from removal, unless he filed it within 90 days. Thus, a person who enters under VWP and is eligible for adjustment of status should be careful to file his/her application before the 90 days is up.... Good luck

[aamirpearl 47]

read this i think it will help you http://www.justanswer.com/immigration-law/3x36q-vwp-aos-assistance.html somehow its risky nd it looks like ur breaking the law .. you shud consult with attorney

[Penguin_ie 5,997]

*** Topic closed. OP has received the advice needed and what is appropriate for our TOS. DO NOT re-start this thread.*****

Edited August 14, 2013 by Penguin_ie