Marriage/AOS

[ESGW 2]

This comes up by at least one person every single time someone asks about applying for AOS from a tourist visa/VWP.

It is 'by the book', since it is perfectly legal to do so.

If they entered legally and married a USC, then they are eligible to concurrently file the I-130 and I-485.

From the USCIS website >http://www.uscis.gov...anent-residents

Bringing Spouses to Live in the United States as Permanent Residents

You are a: U.S. citizen

Your spouse is: Inside the United States (through lawful admission or parole)

How to Apply: File Form I-130, Petition for Alien Relative, and Form I-485, Application to Register Permanent Residence or to Adjust Status, at the same time. See form instructions for more information.

The US Code > https://www.law.corn...ode/text/8/1255

8 U.S. Code § 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa

The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

And if speaking of the intent subject(what you are calling 'risky' perhaps?): Matter of Cavazos > http://www.justice.g.../08/17/2750.pdf

...

(2) Notwithstanding evidence establishing preconceived intent, an application for adjustment

of status should as a general rule be granted in the exercise of discretion in

the case of an immediate relative or other specified alien who under Operations

Instruction 245.3(b) and 8 C.F.R. 242.5(a)(2) and (4) could be granted voluntary

departure until invited to appear before a United States consul to apply for an

immigrant visa.

(3) Where a finding of preconceived intent was the only negative factor cited by the

immigration judge in denying the respondent's application for adjustment of status as

the beneficiary of an approved immediate relative visa petition and no additional

adverse matters are apparent in the record, and where significant equities are

presented by the respondent's United States citizen wife and child, a grant of adjustment

of status is warranted as a matter of discretion

I will say it again, this is not risk free... Even if the risk is very very small it is still there and I only referred to the information I have from our lawyer. But I'm sure the OP has gotten many answers now that can guide her in the right direction.

Good luck with everything

[mallafri76 1,012]

ESGW, I totally agree with you. Just because US immigrations forgive a behaviour because the person happens to be married to a USC, doesn't make it right. If OP had been married to an LPR, AOS would not be allowed.

OP, you say you have a job and a home in the UK. You know you cannot leave the US during the AOS process to sell/empty your apartment and pack up your things?!

In my opinion, you should be allowed to enter the US under VWP or a tourist visa with the intent to marry and AOS. I mean you're gonna move over once you're married anyway so why not be able to do it that way?!?!

Edited July 14, 2015 by mallafri76

[Lemonslice 4,885]

I will say it again, this is not risk free... Even if the risk is very very small it is still there and I only referred to the information I have from our lawyer. But I'm sure the OP has gotten many answers now that can guide her in the right direction.

Good luck with everything

Could you please detail the risks you are seeing? What makes it legally riskier in your opinion?

[ESGW 2]

Could you please detail the risks you are seeing? What makes it legally riskier in your opinion?

I think I have already made myself quite clear by saying that based on the information I have from my lawyer this is not risk free. The VWP is not intended to be used to enter to get married and then stay, so OP will most likely be asked about her intentions. My husband and I chose to trust our lawyers advice on this. And all lawyers are not just after your money or trying to trick you.

That's all from me, I will not spend more time on arguing why this is not completely risk free because i think it's obvious that there are risks related to this case and that the person choosing this path should know about them.

[cheapsunglasses 0]

Could anyone who has used a lawyer disclose how much this cost them? I know this will vary but a rough estimate will be useful as my partner and I budget for this.

[Lemonslice 4,885]

Could anyone who has used a lawyer disclose how much this cost them? I know this will vary but a rough estimate will be useful as my partner and I budget for this.

Great lawyer quoted us $6500, he also told us he didn't feel we needed assistance. Went without a lawyer.

[Transborderwife 4,666]

I looked into using a lawyer and was quoted $3000 by two different lawyers not including filing fees and medical etc. the entire process would likely be about $4500-5000.

For me the cost just isn't worth it

Edited July 14, 2015 by Transborderwife

[Yelli 8]

Could anyone who has used a lawyer disclose how much this cost them? I know this will vary but a rough estimate will be useful as my partner and I budget for this.

Did it all on my own, lawyers are too expensive. Already had my biometrics taken just waiting on the next step.

[GandD 5,966]

A few argumentative posts, Non-Contributory posts, and some quoting removed. Enough with the personal attacks/commentary. Discuss the topic not other posters and keep the disagreements civil. Next offender will be thread banned or more.

Edited July 14, 2015 by GandD

[aaron2020 11,651]

I think I have already made myself quite clear by saying that based on the information I have from my lawyer this is not risk free. The VWP is not intended to be used to enter to get married and then stay, so OP will most likely be asked about her intentions. My husband and I chose to trust our lawyers advice on this. And all lawyers are not just after your money or trying to trick you.

That's all from me, I will not spend more time on arguing why this is not completely risk free because i think it's obvious that there are risks related to this case and that the person choosing this path should know about them.

Because my lawyer said so is not an answer as to why it's risky? What cases can he/she cite? Are we just to take his/her and your words for it? Give us a real life example.

What is the risk that you are pointing to? Please expand on "the information" that you have from your lawyer as to why it's risky rather than a vague generalization that it's risky.

[KayDeeCee 4,893]

OP, you say you have a job and a home in the UK. You know you cannot leave the US during the AOS process to sell/empty your apartment and pack up your things?!

Why can't they leave during their AOS process? That is what AP is for.

Edited July 15, 2015 by KayDeeCee

[KayDeeCee 4,893]

I will say it again, this is not risk free... Even if the risk is very very small it is still there and I only referred to the information I have from our lawyer. But I'm sure the OP has gotten many answers now that can guide her in the right direction.

Good luck with everything

Your lawyer telling you it is risky is not really an answer as to WHY it is risky. What risk is there? The only one I have seen actually pointed out is that if denied AOS when adjusting from VWP, then you cannot appeal. What would the risks entail? People's opinions on the process, or a lawyer simply stating, "It is risky." do not actually provide legally sound reasons for the risk factor that keeps being mentioned.

[newacct 688]

I'm guessing the risk is that they might suspect you lied at POE.

[aaron2020 11,651]

I'm guessing the risk is that they might suspect you lied at POE.

Then everyone who enters on a non-immigrant visa or the VWP that marries and seek to adjust are all suspects for lying at the POE. That's makes picking out the liars easier when everyone is a suspect.

[Ban Hammer 13,399]

the op has the answers to their question. this thread is now closed due to bickering.