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IrishRed91

AOS from VWP or K-1 Visa?

By IrishRed91 in Adjustment of Status from Work, Student, & Tourist Visas

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IrishRed91 Newbie

IrishRed91   0

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

Hi everyone,

I'm new to this site and looking for some advice. I guess some background info is needed first.

I'm a US citizen but have been living in Ireland all my life. I'm moving to the US this month to live and work for the foreseeable future (I hope!)

My boyfriend and I don't want to be apart and we want to have a life together in the US. I know there's a lot of issues with AOS on VWP so just looking for some answers on what to do.

I've started to fill out the K-1 fiancee form before I leave so I can mail it all as soon as I arrive and get the process started. Is this the best way forward or would it be possible for my boyfriend to come over on the VWP and get married within 90 days. The K-1 visa seems to be for people who have met online or things like that but we met five years ago and we've lived in the same area all that time too. Realistically, if my boyfriend was to come over on the VWP and got married it wouldn't be until next year so this is why I think maybe got the legal route and file the K-1?

My boyfriend has a child from a previous relationship which I know we can apply for him on the K-1 form. Would there be any issues for his child if he adjusted while on the visa waiver?

Also, would there be any issues with me considering I haven't live in the US since I was a baby?

Any help would be great! I have read posts on here about adjusting on the waiver and it seems possible, I'm just worried if it got denied where would that leave us?

Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Have you been filing US tax returns? Worldwide income is taxed and there is a foreign income exclusion so you don't get taxed twice. But living and working abroad does not exclude you from filing tax returns. Get that sorted out (if needed) regardless of which path you choose.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

Obtaining a visa for the sole purpose of filing an AOS is immigration fraud. I don't see why you are waiting to get married only after entering the US when you clearly live together now. That again suggests that the sole intent of the visit would be to file an AOS.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

  • 2 weeks later...
chaoticlogic Explorer

chaoticlogic   27

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

I've started to fill out the K-1 fiancee form before I leave so I can mail it all as soon as I arrive and get the process started. Is this the best way forward or would it be possible for my boyfriend to come over on the VWP and get married within 90 days. The K-1 visa seems to be for people who have met online or things like that but we met five years ago and we've lived in the same area all that time too. Realistically, if my boyfriend was to come over on the VWP and got married it wouldn't be until next year so this is why I think maybe got the legal route and file the K-1?

K1 is not for people who meet online; it has nothing to do with how you meet someone. It is for your fiance to legally immigrate to the US and marry you within 90 days of entry into the country, after which he would apply for AOS.

Your boyfriend is more than welcome to come over on the VWP and get married, but he would have to go back to his country. Coming over to the US on the VWP with the intent to marry and stay and adjust status is immigration fraud.

Your two options would be to have your fiance come over on a K1 visa or you could marry anywhere and file for a spousal visa.

Good luck.

K1 until Green Card

01/13/15 - I-129F package sent

01/15/15 - Arrived at Texas Service Center (sigh...)

01/27/15 - NOA1 in hand

07/16/15 - Case was approved!

07/21/15 - NOA2 in hand

07/24/15 - Case sent to NVC

08/03/15 - NVC Case # Assigned / Case sent to embassy (estimate)

08/05/15 - Arrived at embassy

08/12/15 - Packet 3 received

08/17/15 - Packet 3 sent

08/28/15 - Packet 4 received

09/28/15 - Medical

09/30/15 - Interview - approved

10/07/15 - K1 Visa in hand

10/22/15 - POE

11/06/15 - Married!

12/15/15 - I-485 package sent
02/29/16 - I-485 approved (interview waived)

03/08/16 - Green Card in hand

  • 2 weeks later...
bakersolay Contributor

bakersolay   0

Posted
Filed: AOS (pnd) Country: Mauritius
 Timeline
Posted

Hi everyone,

I'm new to this site and looking for some advice. I guess some background info is needed first.

I'm a US citizen but have been living in Ireland all my life. I'm moving to the US this month to live and work for the foreseeable future (I hope!)

My boyfriend and I don't want to be apart and we want to have a life together in the US. I know there's a lot of issues with AOS on VWP so just looking for some answers on what to do.

I've started to fill out the K-1 fiancee form before I leave so I can mail it all as soon as I arrive and get the process started. Is this the best way forward or would it be possible for my boyfriend to come over on the VWP and get married within 90 days. The K-1 visa seems to be for people who have met online or things like that but we met five years ago and we've lived in the same area all that time too. Realistically, if my boyfriend was to come over on the VWP and got married it wouldn't be until next year so this is why I think maybe got the legal route and file the K-1?

My boyfriend has a child from a previous relationship which I know we can apply for him on the K-1 form. Would there be any issues for his child if he adjusted while on the visa waiver?

Also, would there be any issues with me considering I haven't live in the US since I was a baby?

Any help would be great! I have read posts on here about adjusting on the waiver and it seems possible, I'm just worried if it got denied where would that leave us?

we were actually apporved and waiting for our interview, in about a month, but my fiance is here visiting me and we decided for her safety of where the embassy was for her appointment, we choose to cancel it and marry here in the U.S and apply for AOS,, we were worried that this could be considered fraud but I conntacted the USCIS and told them of my worry of safety and they told me it isint a issue to just cancel the interview and apply for the AOS, we had to contact the embassy as well to cancel the interview, and told them of our situtation as well and the canceled and fedexed it back to uscis..

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

we were actually apporved and waiting for our interview, in about a month, but my fiance is here visiting me and we decided for her safety of where the embassy was for her appointment, we choose to cancel it and marry here in the U.S and apply for AOS,, we were worried that this could be considered fraud but I conntacted the USCIS and told them of my worry of safety and they told me it isint a issue to just cancel the interview and apply for the AOS, we had to contact the embassy as well to cancel the interview, and told them of our situtation as well and the canceled and fedexed it back to uscis..

That is different from the OP's situation. The OP's boyfriend is not in the US and planning ahead of time to use VWP to immigrate. Your fiance was already here.

 
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