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Tmbisme

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

By Tmbisme in Adjustment of Status from Work, Student, & Tourist Visas

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RR10 Rookie

RR10   4

Posted
Filed: K-1 Visa Country: Switzerland
 Timeline
Posted

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

It's a route to getting a GC that is legal as others have pointed out.

The words I highlighted in red make me concerned though. If that's your motivation then it might appear to others you are trying to fast-track the system.

BUT - as I said, it's legal.

Good luck with your choice.

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Hypnos
Hypnos

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.

aaron2020
aaron2020

Who cares that people will be happy or not. The law allows them to adjust. If you don't like it, then petition Congress to change the law.

TheCaptain
TheCaptain

As someone else who has come from Australia I think if you have a current pending K1 application, I believe it would be taking advantage of the luxuries offered to us by the US to use the VWP as a mea

EM_Vandaveer Experienced

EM_Vandaveer   2,408

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Purely anecdotal, but I got married 11 days after entry and "intent" never came up. Smooth sailing so far, I'm having my naturalization interview on 17 April.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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T_M Apprentice

T_M   3

Posted
Filed: Country: Australia
 Timeline
Posted

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.

Just curious, from the vwp or a tourist visa?

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted

Just curious, from the vwp or a tourist visa?

I'm from Canada - it was a tourist visa,

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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Ausa Enthusiast

Ausa   66

Posted
Filed: Lift. Cond. (pnd) Country: Australia
 Timeline
Posted

This is a great topic, and I wanted to thank everyone for their input (as well as the Mods for keeping this potential firestorm in check).

From what I have read, she can come from Australia on the VWP, we can get married, but she will be "stuck" in the US until her AOS is approved and she obtains "travel documents"? How long would she be "stuck" in the US? What are these forementioned "travel documents"?

Note: We are not intending this to happen, but I like that if circumstances change when she is here, then that is an option.

ROC Window Opened: Thursday 7th December 2017

Posted Package: Friday 8th December

Package Received at USCIS: Monday 11th December

Check Cashed: Thursday 21 December

NOA Received: Wednesday 27 December

NOA Dated: Tuesday 12 December

Biometrics Letter Received: Saturday 13 January 2018

Biometrics Letter Notice Date: Friday 5 January

Biometrics Appointment: Wednesday 24 January

I-797 NOA I751 18 Months Extension Letter Received: 30 July (in an envelope from 'Potomac Service Center' Arlington VA)

I-797 NOA I751 18 Months Extension Letter Received: 08 August (in an envelope from 'Vermont Service Center' St Albans VT) different version!

On February 27, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC xxxxxxx at your local office :unsure: ?!

On April 9, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC xxxxxxx at your local office :unsure: ?!

N-400 Applied 7th December 2018

N400 Interview 11th July 2019. Ended up being a ROC combo interview

ROC Approved 11th July 2019 (a few hours after interview)

N-400 Approved 11th July (a few hours after interview)

Oath Ceremony 22nd July - I am now a US citizen!

 

 

I went through Philadelphia:

Thursday July 11: I had my Naturalization Interview

Thursday July 11: A few hours later updated to show Oath Ceremony will be Scheduled

Friday July 12: Oath Ceremony Notice was mailed

Monday July 22: Oath Ceremony

Wednesday July 24: Certificare of Naturalization was mailed

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Ausa Enthusiast

Ausa   66

Posted
Filed: Lift. Cond. (pnd) Country: Australia
 Timeline
Posted

Ticking along; still waiting for k1 approval like so many others stuck in TSC purgatory.

ROC Window Opened: Thursday 7th December 2017

Posted Package: Friday 8th December

Package Received at USCIS: Monday 11th December

Check Cashed: Thursday 21 December

NOA Received: Wednesday 27 December

NOA Dated: Tuesday 12 December

Biometrics Letter Received: Saturday 13 January 2018

Biometrics Letter Notice Date: Friday 5 January

Biometrics Appointment: Wednesday 24 January

I-797 NOA I751 18 Months Extension Letter Received: 30 July (in an envelope from 'Potomac Service Center' Arlington VA)

I-797 NOA I751 18 Months Extension Letter Received: 08 August (in an envelope from 'Vermont Service Center' St Albans VT) different version!

On February 27, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC xxxxxxx at your local office :unsure: ?!

On April 9, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC xxxxxxx at your local office :unsure: ?!

N-400 Applied 7th December 2018

N400 Interview 11th July 2019. Ended up being a ROC combo interview

ROC Approved 11th July 2019 (a few hours after interview)

N-400 Approved 11th July (a few hours after interview)

Oath Ceremony 22nd July - I am now a US citizen!

 

 

I went through Philadelphia:

Thursday July 11: I had my Naturalization Interview

Thursday July 11: A few hours later updated to show Oath Ceremony will be Scheduled

Friday July 12: Oath Ceremony Notice was mailed

Monday July 22: Oath Ceremony

Wednesday July 24: Certificare of Naturalization was mailed

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Ausa Enthusiast

Ausa   66

Posted
Filed: Lift. Cond. (pnd) Country: Australia
 Timeline
Posted

I haven't been to the U.S. since we applied for the K1 Visa. It's not a path we are considering; we just thought it an interesting subject and learnt from the discussion.

ROC Window Opened: Thursday 7th December 2017

Posted Package: Friday 8th December

Package Received at USCIS: Monday 11th December

Check Cashed: Thursday 21 December

NOA Received: Wednesday 27 December

NOA Dated: Tuesday 12 December

Biometrics Letter Received: Saturday 13 January 2018

Biometrics Letter Notice Date: Friday 5 January

Biometrics Appointment: Wednesday 24 January

I-797 NOA I751 18 Months Extension Letter Received: 30 July (in an envelope from 'Potomac Service Center' Arlington VA)

I-797 NOA I751 18 Months Extension Letter Received: 08 August (in an envelope from 'Vermont Service Center' St Albans VT) different version!

On February 27, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC xxxxxxx at your local office :unsure: ?!

On April 9, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC xxxxxxx at your local office :unsure: ?!

N-400 Applied 7th December 2018

N400 Interview 11th July 2019. Ended up being a ROC combo interview

ROC Approved 11th July 2019 (a few hours after interview)

N-400 Approved 11th July (a few hours after interview)

Oath Ceremony 22nd July - I am now a US citizen!

 

 

I went through Philadelphia:

Thursday July 11: I had my Naturalization Interview

Thursday July 11: A few hours later updated to show Oath Ceremony will be Scheduled

Friday July 12: Oath Ceremony Notice was mailed

Monday July 22: Oath Ceremony

Wednesday July 24: Certificare of Naturalization was mailed

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