What would this be regarded as?

[finity 0]

Most likely your AOS will be approved, they will ask at the interview if you planned to AOS in the country after the wedding and if you say "no" they have to prove otherwise.

Sidenote: It does sound fishy but you will probably get away with it. If you don't then your new spouse will have to return and you'll file for a CR1. It all depends on the risks you're willing to take.

It may sound fishy, but the INTENT was never there, and from what I read that they cant deny based on INTENT alone.

[Xanax 349]

It may sound fishy, but the INTENT was never there, and from what I read that they cant deny based on INTENT alone.

No, they can't Again, it just sounds fishy, no one knows your real intent expect you. If you're willing and able, you and your spouse have a spare $2-$3000 and no need for them to work / drive / (I'm know there are more things but those are generally the biggies) etc straight away and he/she is happy to stay and not say his/ her goodbyes to family and happy to stay in the US until AP or GC is in hand then AOS is probably your best bet, but there are no gaurantees and it may be denied or strutinized so just be fully prepared.

I am not saying this to scare you, afterall you can see my timeline. I am just giving you honest advice.

[finity 0]

No, they can't Again, it just sounds fishy, no one knows your real intent expect you. If you're willing and able, you and your spouse have a spare $2-$3000 and no need for them to work / drive / (I'm know there are more things but those are generally the biggies) etc straight away and he/she is happy to stay and not say his/ her goodbyes to family and happy to stay in the US until AP or GC is in hand then AOS is probably your best bet, but there are no gaurantees and it may be denied or strutinized so just be fully prepared.

I am not saying this to scare you, afterall you can see my timeline. I am just giving you honest advice.

We want to be with each other forever (cant see us being apart tbh) and just wanting to know other poeple's opinion, thats all.

I really appreciate the honest advice from you

[GabbyBird 53]

Im always in the camp of "do it legally". Especially when trying to immigrate a spouse. My wife was living in the USA for 7 years on student visas and we were already married and living together for months when she had to pack and leave when her visa expired. It's painful, its long and frustrating, but she'll be coming back next week and we did everything 100% legit.

It's not risk a lifetime ban. It's really not. You have the rest of your lives together. A few months won't kill you

Edited October 4, 2013 by GabbyBird

[Teddy B 17,252]

The fact that you had pre-planned your wedding means little to nothing. It is not illegal to enter the US on a tourist visa to get married. Even if you did enter the US with the intent to stay after the wedding, intent alone is not enough to deny AOS. There would have to be hard evidence of fraud in order to be denied. If you are confident in that you were not attempting to fraud the system, then go ahead and file for AOS. You should be fine.

[christeen 966]

Is what you are planning fraud..... YES (and since you are here on VJ saying this is what you are intending to do I assume that this is your plan)

Will you most likely get away with it? ... Another YES

Bravo to all who can use a loophole to their advantage ...

[Teddy B 17,252]

Is what you are planning fraud..... YES (and since you are here on VJ saying this is what you are intending to do I assume that this is your plan)

Will you most likely get away with it? ... Another YES

Bravo to all who can use a loophole to their advantage ...

Nothing the op posted points to fraud. The op has been emphatic that he had every intention of leaving after his wedding. His filing for AOS now is perfectly legal.

[del-2-5-2014 1,339]

We want to be with each other forever (cant see us being apart tbh) and just wanting to know other poeple's opinion, thats all.

I really appreciate the honest advice from you

As is every single person on VJ who is without their partners.

Personally I think what you're doing is taunting fraud (my opinion) but I am certain that you will get away with it based on your country of origin (low fraud).

[EM_Vandaveer 2,417]

Im always in the camp of "do it legally". Especially when trying to immigrate a spouse. My wife was living in the USA for 7 years on student visas and we were already married and living together for months when she had to pack and leave when her visa expired. It's painful, its long and frustrating, but she'll be coming back next week and we did everything 100% legit.

G

It's not risk a lifetime ban. It's really not. You have the rest of your lives together. A few months won't kill you

GabbyBird, good for you. Do you realize though that you could have married your wife and file for AOS in country perfectly legally? If the AoS papers are filed BEFORE someone's authorized stay on a visa/vwp expires, then there is no overstay. Filing for AoS begins a new period of authorized stay until the AoS is adjudicated. It is all perfectly legal. As to the chance of the ban. It is always there, even when applying for an immigrant visa. Don't lie to immigration and you will not get a ban based on misrepresentation. It's that simple.

[Franciscus 32]

Several people in this thread are not reading your situation, but they still want to advice you to endure the same type of process that they endured, claiming that it is the fair thing, or even worse, that other possibilities are illegal. My guess is they don't do that on purpose, just because of ignorance. My advice: read the discussions in this thread: http://www.visajourney.com/forums/topic/456778-a-straight-up-question-give-it-to-me-straight/, I think they summarize quite well what the deal is.

[AmyWrites 593]

What you're doing is unfair, but legal. In all likelihood you'll be fine. Being from a VWP country is very great.

[NigeriaorBust 4,087]

You have publicly posted on a site that immigration is known to come read about your intent to "change your mind" Even though we can't see the address of your computer immigration can in a heart beat. If you continue down this path you are playing a dangerous game and if caught you could get a ban for immigration fraud. I never understand why people think they are special and deserve to bypass the rules and then why they are stupid enough to publish these plans on a site read by immigration.

[EM_Vandaveer 2,417]

You have publicly posted on a site that immigration is known to come read about your intent to "change your mind" Even though we can't see the address of your computer immigration can in a heart beat. If you continue down this path you are playing a dangerous game and if caught you could get a ban for immigration fraud. I never understand why people think they are special and deserve to bypass the rules and then why they are stupid enough to publish these plans on a site read by immigration.

OP clearly stated that at the present moment they are BOTH inside the US. So it's not about "intent to change their mind". They are both here already, OP is talking about their plans changing now....

Edited October 4, 2013 by EM_Vandaveer

[Simeon 25]

I personally would attempt the AOS, but my wife could not get a travel visa. There are definitely less legal ways to enter the US. Like many have said before, you just went through a travel visa application that was meant to weed out people who intended to stay. If you misrepresented anything, you will have no chance of getting a visa in the future. But don't take some internet guy's opinion as gospel truth. You should consult with a very good immigration attorney with extensive experience in VWP and AOS and listen to what he/she says. From your responses, it seems like you have no intention of having your spouse go back, but I would highly recommend leaving that option open.

[GVMack 9]

I was talking about changing plans later to adjust status after a planned wedding, when there was NO INTENT before hand to do so.

Just AOS your status. I am as many do. We do have right to change our minds

Good luck to you both!

Edited October 4, 2013 by GVMack