Applying for K1, Cr-1, or marrying and doing an AoS - question

[SantyAndAllie 155]

You are going through a different process, you do not seem to know much about AOS from Tourist, Work etc visas. Intent is not an issue as intent ALONE does not cause denial.

No, EM_Vandaveer, my fiance & I had the same options as the OP. The exact. same. ones. My fiance can come to the US on a VWP, as the OP's. You don't know my situation, but I've already told it to the OP, and from dealing with immigration things & lawyers for the last several years, I know more than enough about how visas work. So please don't assume things or insult how much you think I don't know, as it seems like you're the one who may be steering the OP wrong.

LAWYERS will NOT recommend you to marry on the Visa Waiver Program and STAY, as you mentioned. Which is what she stated on several posts was what she wanted to do- have him stay in the US. She wasn't looking for a K-1 or K-3 until members mentioned these options to her. So YES, intent IS a problem, legally. That isn't an opinion. As I said, from several LEGAL consultations, not many lawyers will recommend this based on the fact that if you already came into the US and didn't show that intent to marry, they're going to call that fraud.

Anyway, I believe the OP knows what she's up against at this point. You can argue what you want about intent, but ultimately doing the AOS CAN cause problems for her and her fiance. I've seen way too many disasters from people not knowing their options and jumping to make rash decisions regarding immigrations and marriage. So we can all just hope that she gets sound legal advice, looks at her options, and makes the best/safest/right/legal option fit for her fiance and her.

And also- for one of the comments above- the only people who can't seriously "wait" to get married are those with extreme situations like in with deployment and such. In those cases, they can get expedited visas and whatnot anyway.

[Boiler 45,525]

No, EM_Vandaveer, my fiance & I had the same options as the OP. The exact. same. ones. My fiance can come to the US on a VWP, as the OP's. You don't know my situation, but I've already told it to the OP, and from dealing with immigration things & lawyers for the last several years, I know more than enough about how visas work. So please don't assume things or insult how much you think I don't know, as it seems like you're the one who may be steering the OP wrong.

LAWYERS will NOT recommend you to marry on the Visa Waiver Program and STAY, as you mentioned. Which is what she stated on several posts was what she wanted to do- have him stay in the US. She wasn't looking for a K-1 or K-3 until members mentioned these options to her. So YES, intent IS a problem, legally. That isn't an opinion. As I said, from several LEGAL consultations, not many lawyers will recommend this based on the fact that if you already came into the US and didn't show that intent to marry, they're going to call that fraud.

Anyway, I believe the OP knows what she's up against at this point. You can argue what you want about intent, but ultimately doing the AOS CAN cause problems for her and her fiance. I've seen way too many disasters from people not knowing their options and jumping to make rash decisions regarding immigrations and marriage. So we can all just hope that she gets sound legal advice, looks at her options, and makes the best/safest/right/legal option fit for her fiance and her.

And also- for one of the comments above- the only people who can't seriously "wait" to get married are those with extreme situations like in with deployment and such. In those cases, they can get expedited visas and whatnot anyway.

I see you have only been a member for a few days.

Giving false information is simply not cool and does not help the OP or anybody else who may stumble across this thread.

Read more and post less may be advisable.

[SantyAndAllie 155]

I see you have only been a member for a few days.

Giving false information is simply not cool and does not help the OP or anybody else who may stumble across this thread.

Read more and post less may be advisable.

Oh, so since you've been a member for years, that MUST mean that you are all knowing? WOW. Since I've only been a member for a few weeks that must mean I know nothing. Haha. Okay. Your comments are laughable.

I give advice based on consultations with lawyers. Are you a lawyer? I doubt that. So thanks but no thanks.

I sincerely hope you have something better to do than stomp around as if you have some kind of leg up over everyone because VJ calls you "Ancient". Good luck with that, Boiler.

[Boiler 45,525]

This subject has been covered more times than I care to remember. Feel free to look it up.

Yet we still get this bullshit every time the subject comes up.

[SantyAndAllie 155]

This subject has been covered more times than I care to remember. Feel free to look it up.

Yet we still get this bullshit every time the subject comes up.

We gave her more than enough information and apparently opinions on this. She has the website that was commented about marrying on the VWP, and my only desire for her is that her & her fiance will be able to make a well-informed decision at this point. She knows her options, and there is no point for us to be arguing with each other on this. Ultimately this is her decision, and we've all given our thoughts on this. It's still advisable for her to get a lawyer in this situation regardless, but I think this is done now.

[EM_Vandaveer 2,408]

The OP's sweetheart did not come with intent to stay.

It's not a legal option when you are sitting in your home country and decide to go to the US on VWP/tourist visa, stay and adjust. Of course lawyers don't advise that when that's illegal. It's visa fraud.

However, coming to visit and THEN, once the person is already in the US, deciding to stay and AOS instead of going back like originally planned is perfectly legal.

USCIS would not allow AOS from VWP if it was not legal.

There is no need for a lawyer as they have a straightforward case. Unless they want one of course.

[Boiler 45,525]

The OP's sweetheart did not come with intent to stay.

It's not a legal option when you are sitting in your home country and decide to go to the US on VWP/tourist visa, stay and adjust. Of course lawyers don't advise that when that's illegal. It's visa fraud.

However, coming to visit and THEN, once the person is already in the US, deciding to stay and AOS instead of going back like originally planned is perfectly legal.

USCIS would not allow AOS from VWP if it was not legal.

There is no need for a lawyer as they have a straightforward case. Unless they want one of course.

VJ even has a section to cover this. And this thread is in it.

I would never say that anyone should not at least have a consultation with a lawyer. Obviously most on this site do not.

[EM_Vandaveer 2,408]

Even if intent was an issue (it isn't), the government already decided that he did not have intent to stay at POE. Otherwise they would not have let him in in the first place. And that's all that matters intent AT POE. If there is no intent at POE, you are good. You can change your mind later.

To AOS you have to prove that you entered legally and you have a qualifying relationship on the basis of which you are adjusting. That's it (and the financial stuff, of course.)

[ValerieA 350]

OP, what Boiler and EM_Vandaveer (et al) are telling you is correct. There is a linky thing in my signature that takes you to the field adjudicator's manual where it states AOS can not be denied for intent. A lot of people come on this forum trying to tell people about all the denials, but NOT ONE has been able to provide a link to a case where someone was denied for intent. It is perfectly legal, it is an option to you, you would not have to be separated, and especially when you take into account the cost of transatlantic flights, it is much cheaper. Oh, and faster. If your fiance does not have to travel back to his home until the process is complete (he should have his green card 3-5 months after filing) it seems to make the most sense.

Side note: I can never spell "adjudicator's" right the first time.

[Shadaryia 11]

Thanks Valerie My finance's 90 day VWP ends January 27th, 2015. He has a return flight e-ticket back to London for January 26th 2015. If we marry before the 90 day VWP visa ends can the AOS be filed 2 months later, like in March 2015? I will not have all the money needed to file at the end of January to do his AOS.

This has me concerned. I am also still trying to make sure we have a co-sponser "IF" that is the route we decide to take. We are still researching

everything before we make our final decision.

Thank you so much <3

Edited November 11, 2014 by Amaryia

[Boiler 45,525]

Researching is good.

Filing late would not be my option, you are a single mum, might be time for him to pay.

[ValerieA 350]

You can wait to file - overstay is 'forgiven' for the spouse of a US citizen. However, there is a small (extremely tiny) chance that he could run into ICE. This is more of a risk if you live close to the Mexican border. The larger issue you might want to be aware of is that overstay can cause future complications. Basically, I overstayed when I came here to visit my husband, and then applied to adjust status. If I decided not to get my citizenship, and then we moved to Canada (which we would like to do) I may have issues crossing the border back into the US - obviously, I wouldn't be a permanent resident anymore so would be re-entering the US on a tourist visa, with an overstay on my record. The only way I can be sure to not have an issue is to file for my citizenship - which means I am stuck filing US taxes for the rest of my freaking life.

[Shadaryia 11]

Thanks again Valerie I live out in the middle of the country, deep south. I am no where near any border patrols so that is a plus for us. My fiancé is fine with staying here in the U.S. and not returning to London if need be for quite a long time. He does have a bank account open in London and his whole family is there, as well as his personal belongings including his computer for he was not planning to marrying me this visit and stay. But now he just wants to be with me no matter what country we are in. I have even considered moving to England to be with him if need be and if that is an option. So us being together is not about being in the U.S. - it is just about being together no matter where we are. His parents were born on the Island of Cyprus and then moved to London where he was born and raised. I would move to Cyprus if need be just to be with him. Life is too short and we are not guaranteed tomorrow.

[Pheebs1201 269]

Life is too short and we are not guaranteed tomorrow.

This is very true. Best of luck whatever you decide and do let us know how you get on.

[Boiler 45,525]

Easy to transfer money from a UK bank.

Not so easy to move to the UK. He would need to be earning a good wage.