On VWP and Looking at my Options

[Boiler 46,176]

That was a quick change, so K1 or Cr1?

[Luke1991 0]

That was a quick change, so K1 or Cr1?

I am not ruling it out lol, i am simply saying is it worth risking being denied and then being banned from entering the US again?

Because you arent meant to get married under the VWP,

Im not changing my mind at all, simply seeing if people agree with me or can give me advice if they have gone through this situation on the WVP...

[Boiler 46,176]

Your basic premise is faulty.

Sometimes an Immigration Lawyer can be a good idea.

[Hypnos 6,578]

Getting married on the VWP is fine, people do it all the time with destination weddings (Vegas, etc.). Entering the US with the preconceived intent to remain and adjust would constitute visa fraud, although intent alone cannot be used as the basis for a denial if it is the sole negative factor.

[B & G 200]

Ok.. first things first. It is not illegal to marry in the US on a VWP. I got married in Maryland on a VWP and all I needed was my passport as proof of ID. Check with your county for the exact requirements.

Factors you have to take into consideration is what happened at POE and what you will do after marriage.

You stated that when you entered the US on your VWP you had no intention of getting married and staying to adjust status. If that holds true, then technically and legally you will be allowed to AOS. You did not enter the US with the intent of immigrating.

Legally you are permitted to file for adjustment of status once you are married to your US spouse, though as someone else mentioned previously in the case of a denial you can not appeal the decision in court because you are trying to adjust status from a VWP entry.

What Hypnos stated is correct, if you are worried about overstay.

Also keep in mind that during AOS you will not be allowed to work or travel till you get an Advance Parole for travel and an EAD for employment. I am not 100% sure of the processing times for either of those but it could be anywhere between 3 to 6 months.

Thats your basic information, what you do now is up to you. Never forget though that nothing is a given when it comes to US immigration. By AOS in the US you are taking advantage of a loophole in the system.

Im not saying that it wont work, but I also cannot guarantee you, hands down that it will.

Best of luck

[LORIEandPHIL 123]

Don't you need to go back to the UK, so that you can quit your job, and get any money owed to you? How about your home, don't you need to go and sell your property, or if its leased get your deposit back? Surely you have things that need doing back home before you move here permenantly.

[Boiler 46,176]

Don't you need to go back to the UK, so that you can quit your job, and get any money owed to you? How about your home, don't you need to go and sell your property, or if its leased get your deposit back? Surely you have things that need doing back home before you move here permanently.

Seems he recently graduated so probably not.

[dewy39 2]

I think you are worried about it TOO much. I came here on VWP over 10 years ago from Australia. If you don't do anything illegal or criminal, you won't get caught. I met my husband a couple of years ago and got married last year and decided to file our paperwork right away ourselves. I was afraid too, because I thought they would find me here illegally for over 10 years, but I found out you are instantly on a different category once you file and they cannot deport you until they follow thru with the forms. It took my application 5 months to be approved. The procedure was simple and straightforward.

I think you are thinking too much into it. They will proceed with your paperwork. And you should breeze thru the interview even tho you have that age difference and got married VWP. If your marriage is genuine, that's all that matters. That's what the interviewers are looking for. So, I would get married NOW (only do it if that's what you both want) or wait til you are ready (even if your VWP expired). Good luck!

[QueenOfBlades 224]

I am not ruling it out lol, i am simply saying is it worth risking being denied and then being banned from entering the US again?

Because you arent meant to get married under the VWP,

Im not changing my mind at all, simply seeing if people agree with me or can give me advice if they have gone through this situation on the WVP...

In my opinion, I think you should go back to the UK and file for the K-1. K-1s are going through very quickly now. Me and my husband got engaged in the US in Dec 2012, and although we hadn't planned to get engaged or married when I entered with him using the VWP, we did get engaged after a couple of days and even his mom said can't she just keep me here. I still had a job though and wanted to save up money as my husband wasn't working and we knew he wouldn't be for a while (the original plan was for him to visit me for 3 months in the UK every 6 months) and I still wanted to tie up loose ends, prepare my family for me leaving too.

I know some say it is easy to do AOS through the VWP and it may well be, but I also didn't want it hanging over my head that I didn't do it the "right" way and for it to worry me. So I chose to leave and file the K-1, and I am glad I did. We were approved in 8 months and that was during big changes in USCIS like the re-opening of TSC to K-1s. They are processing much quicker now and you'd have that piece of mind. Those are my thoughts on it.

[Boiler 46,176]

There are no right ways.

There are legal options.

[Teddy B 17,252]

In my opinion, I think you should go back to the UK and file for the K-1. K-1s are going through very quickly now. Me and my husband got engaged in the US in Dec 2012, and although we hadn't planned to get engaged or married when I entered with him using the VWP, we did get engaged after a couple of days and even his mom said can't she just keep me here. I still had a job though and wanted to save up money as my husband wasn't working and we knew he wouldn't be for a while (the original plan was for him to visit me for 3 months in the UK every 6 months) and I still wanted to tie up loose ends, prepare my family for me leaving too.

I know some say it is easy to do AOS through the VWP and it may well be, but I also didn't want it hanging over my head that I didn't do it the "right" way and for it to worry me. So I chose to leave and file the K-1, and I am glad I did. We were approved in 8 months and that was during big changes in USCIS like the re-opening of TSC to K-1s. They are processing much quicker now and you'd have that piece of mind. Those are my thoughts on it.

Why would you advise that if the person is here in the states and doesn't want to leave?

To the op, get married and file for adjustment of status. You will more than likely overstay your 90 days before you get everything filed, but it doesn't matter when married to a US citizen. Marrying and adjusting status from a VWP is perfectly legal. Follow the guides that have already been suggested. Once married, the whole process takes about 6 months or so. Good luck.

[Mike-eeh and Odie 193]

I am not ruling it out lol, i am simply saying is it worth risking being denied and then being banned from entering the US again?

Because you arent meant to get married under the VWP,

Im not changing my mind at all, simply seeing if people agree with me or can give me advice if they have gone through this situation on the WVP...

Simply put, with the exception of the K-1 visa, anyone entering the USA to marry someone on any other type of visa is committing visa fraud.

Good luck.

[Teddy B 17,252]

Simply put, with the exception of the K-1 visa, anyone entering the USA to marry someone on any other type of visa is committing visa fraud.

Good luck.

Not true.

[Hypnos 6,578]

Simply put, with the exception of the K-1 visa, anyone entering the USA to marry someone on any other type of visa is committing visa fraud.

Wrong.

[ValerieA 350]

Simply put, with the exception of the K-1 visa, anyone entering the USA to marry someone on any other type of visa is committing visa fraud.

Good luck.

Completely false.

Also, I really want you people to look up the meaning of 'loophole'. AOSing is a legal option specifically mentioned in the immigration laws, meaning it is both a CORRECT method of getting a greencard and it is NOT A LOOPHOLE.

OP, many of us on this forum have adjusted from either a B-2 visa or the VWP. If you are already here, it's basically a no-brainer, as long as you have no pressing need to leave the country until you have received your AP or green card, and have not out-and-out lied to a border officer.