Getting Married on Visa Waiver Program After Submittinf I-129F

[ValerieA 350]

I had a CR-1 in the pipeline when my husband and I decided to AOS instead. It was not an issue at all.

And Hypnos is correct, there is no 30/60/90 day rule. This has been widely discussed on this forum ad nauseum.

[GinaDon 18]

For the third time: USCIS has no such rule. This is a State Department rule, and is not binding on USCIS in any way.

USCIS is under the Department of Homeland Security, not the State Department.

I don't want to fight with you, you seem to know a lot about this. So, in other words, one may enter on a B2 visa (and obviously be oblivious to what that visa actually means), get married the next day and then AOS without any flags? If only we all knew about this.

[ValerieA 350]

I don't want to fight with you, you seem to know a lot about this. So, in other words, one may enter on a B2 visa (and obviously be oblivious to what that visa actually means), get married the next day and then AOS without any flags? If only we all knew about this.

Yes, they may. As long as the border guard has let a person into the country, they have judged that person to not have immigrant intent - or else they would have not let them into the country...

It happens that people come for a visit, circumstances change, and they decide to stay with their spouse. That's why there is an AOS option. It doesn't mean they didn't know the terms and conditions of a B2/VWP/whatever. It simply means that circumstances changed.

[Boiler 45,525]

I don't want to fight with you, you seem to know a lot about this. So, in other words, one may enter on a B2 visa (and obviously be oblivious to what that visa actually means), get married the next day and then AOS without any flags? If only we all knew about this.

That would be silly, give it a few weeks. No need to rub it in.

[GinaDon 18]

That would be silly, give it a few weeks. No need to rub it in.

Why would that be silly? It's been pointed out that time is not a factor, so why wait a few weeks to do what you can do immediately?

This is the issue I have with this route, people doing it are obviously going to say "circumstances changed". For circumstances to change, a reasonable person would expect some time to pass, otherwise it seems duplicitous.

So even though there may not be this "rule", in fact there is an unspoken rule of common sense when it comes to going down this path.

[Boiler 45,525]

Why make an effort to raise your profile with the dark forces?

[GinaDon 18]

I'm just illustrating how ridiculous it is to say to people that there is NO USCIS waiting rule. There is an implicit rule - if you get married the next day it looks bad.

I'd wager that most people who go down this route wait about a month "to be on the safe side". Wonder why they do that?

[Hypnos 6,576]

It does look bad to do it the next day, but Matter of Cavazos and Matter of Battista (BIA decisions which are binding on USCIS) state that intent alone cannot be used to deny an adjustment of status application if there are no other negative factors.

[blk 87]

Hi VJ Family! I have a quick, very specific question. My Australian fiancé and I have applied for a K1 visa and are in Texas Service Center purgatory. She's currently in the U.S. visiting me having entered via the Visa Waiver Program. We have lightly toyed with the idea of getting married while she's already here and adjusting for status later. I know people have strong emotions and feelings towards this, but my question is this-- if we get in that interview room and have to defend the fact that she did not enter the country under false pretenses, will the fact that we had a K1 visa application pending be held against us? Does anyone have any specific experience or insights into this? Thank you so much for your help!

TB

Hi as She is here now I would say that if you now wanted to go this route, then do so as you should be ok. just get all the documents you need together then go for it.

Brian

Edited March 30, 2015 by blk

[blk 87]

Speaking from experience, my spouse and I also had the option you are faced with. But I had to return home because I forgot to bring my birth certificate, police clearance and everything else with me when I left the UK... I don't usually travel with all those documents

You do not need a police clearance if you stay & do a AOS, as the USCIS do a background check during the AOS process.

Brian

[raven52 233]

aaron2020, is "spot on" with his response, and I loved the answer separating the State Dept. and USCIS.,.,.,.,that was a very insightful post!

[j&ana 363]

For the third time: USCIS has no such rule. This is a State Department rule, and is not binding on USCIS in any way.

USCIS is under the Department of Homeland Security, not the State Department.

a Edited March 30, 2015 by j&ana

[Hypnos 6,576]

You are mistaken.

[Boiler 45,525]

This has been covered many many times in the past, look it up.

[cocolucho 35]

Hi VJ Family! I have a quick, very specific question. My Australian fiancé and I have applied for a K1 visa and are in Texas Service Center purgatory. She's currently in the U.S. visiting me having entered via the Visa Waiver Program. We have lightly toyed with the idea of getting married while she's already here and adjusting for status later. I know people have strong emotions and feelings towards this, but my question is this-- if we get in that interview room and have to defend the fact that she did not enter the country under false pretenses, will the fact that we had a K1 visa application pending be held against us? Does anyone have any specific experience or insights into this? Thank you so much for your help!

TB

Hi Tmbisme,

Please read the whole USCIS policy memorandum enclosed.... Hope it helps:

http://www.uscis.gov/sites/default/files/files/nativedocuments/2013-1114_AOS_VWP_Entrants_PM_Effective.pdf

"INA section 245©(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. 5 Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired."

"Whether to grant adjustment to an eligible applicant is a matter entrusted to DHS discretion. USCIS exercises this discretion on behalf of DHS.

Policy

USCIS field offices shall adjudicate adjustment of status cases filed by immediate relatives of U.S. citizens who were last admitted to the United States under the VWP, in accordance with section 245 of the INA. This includes cases where Form I-485 was filed after the 90-day period of admission...."

I am not a lawyer so I can't legally advise you what to do, but I don't see anything in the policy that would deter your fiance from adjusting even after you have already filed a I-129F petition for your fiance that it is pending. I also don't see why you will have any issues at the AOS interview unless you can not demonstrate that your relationship/marriage is real and provide the necessary documentation at the interview.

Best of luck to you both!

Edited March 30, 2015 by cocolucho