Prev K1 expired now on VWP, help... please!!!

[trca101 0]

Hi all, a history of my visa journey...

I came from London on a K1 last year 2014 dec and me and my fiance married before the 90 day period was up but due to unforseen circumstances I had to take a flight back and sort an unrelated issue. This stopped me from adjusting my status but I was informed I could come back and AOS on VWP. Now I am back in the US and have been here a week, on VWP (exp end of May). We have the i-485 form but we are confused as the process seems a different than when we looked using K1.

We spoke briefly to an attorney who she knows personally and he says I just need to fill in i-485 and that should be it. However, I would like a 2nd opinion from someone that has possibly been or is in the same situation. Is there anything other than the i-485 I need to send along with this application. Do I need another medical as 1 year has certainly passed since I took it back in London, (I have the records with me though). I can't seem to find a specific guide to this on VJ for this instance.

Many thanks for taking time to look at this question.

[Lainie B 465]

The guide is here:

http://www.visajourney.com/content/i130guide2

[trca101 0]

I am confused by this statement

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

Do I have to go home ????????? I was told that I need only an i-485, is this the correct guie...

[EM_Vandaveer 2,417]

Your most recent entry was NOT on a K-1 therefore you certainly need the I-130 as well as the I-485. Believe me, I know what I'm talking about as I filed AOS from VWP (although there was no previous K-1 in my case).

The most recent entry counts, that was on VWP.

Edited March 10, 2016 by EM_Vandaveer

[trca101 0]

Ok, so do I need to go back to the UK then? As I was under the assumption I could apply for AOS while being here.

[newacct 688]

You shouldn't have come on VWP with preconceived intent to do AOS; whoever "informed" you of that is not giving proper advice. But now that you're here, you are eligible do AOS. That warning in the guide is wrong; you do not have to go back. I agree with the other poster that you would file I-130 and I-485 together. You would need to do a new medical since it's more than a year since the previous one.

Edited March 10, 2016 by newacct

[B&Z 201]

http://www.visajourney.com/forums/topic/587691-married-but-never-ffiled-aos/

Read that entire thread.

Ok, so do I need to go back to the UK then? As I was under the assumption I could apply for AOS while being here.

http://www.visajourney.com/forums/topic/587691-married-but-never-ffiled-aos/

[NigeriaorBust 4,087]

If you enter the US on VWP with the intent to not leave your entry was in violation of the terms of VWP.

[trca101 0]

The immigration officer told me to sort my GC out ASAP, he did not ask for information regarding a return flight out of the US... I even asked him do is there anything you think I need to know before you let me through, he said just make sure you get your AOS sorted...

If you enter the US on VWP with the intent to not leave your entry was in violation of the terms of VWP.

[Georgia16 2,858]

The immigration officer told me to sort my GC out ASAP, he did not ask for information regarding a return flight out of the US... I even asked him do is there anything you think I need to know before you let me through, he said just make sure you get your AOS sorted...

Kinda seems to me you knew what you were doing wasn't right and you did it anyway and took the chance.

You knew you couldn't leave a K-1 before AOS and AP.

He told you to get your GC sorted out AND you asked him what you needed to know BEFORE you left the country and he answered get you AOS sorted. You left anyway.

Also you did the K-1 all the way and knew AOS had to be done before. You could have filed and asked for emergency AP.

Seems like you took advances of the VWP to get back in and just AOS so you didn't have to do it again well knowing.

I think it is kind of fishy and they know in their system that you did the K-1 and left, so I'm sure the will be a bit harder on your AOS now but I do hope the best for you.

[Mrs.Hull210 24]

As stated by other posters above, have your spouse file the I-130 and you file the I-485 together. Have your medical done before sending it off so it is included in your package as well as with all the other necessary documents. Read the guides provided to prevent leaving anything out and having your case stalled.

You do not need to leave the country, although you were given incorrect information about how to properly AOS, you are here now and you can do the concurrent filing. Yes others will call fraud, but they aren't USCIS, and border control are the ones that have to deny entry if they feel you were committing fraud. Your AOS can not be denied on your intentions when you entered. Do not leave the USA until you have properly filed your forms, and apply for AP (advance parole) if you plan on traveling while your AOS is pending.

Good Luck

[EM_Vandaveer 2,417]

The guide is here:

http://www.visajourney.com/content/i130guide2

Follow the guide, ignore the naysayers.

1.) it's USCIS policy NOT to deny an immediate relative of USC AOS on intent alone

2.) CBP let you in. You're OK. Follow the guide & file for AOS.

[EM_Vandaveer 2,417]

Kinda seems to me you knew what you were doing wasn't right and you did it anyway and took the chance.

You knew you couldn't leave a K-1 before AOS and AP.

He told you to get your GC sorted out AND you asked him what you needed to know BEFORE you left the country and he answered get you AOS sorted. You left anyway.

Also you did the K-1 all the way and knew AOS had to be done before. You could have filed and asked for emergency AP.

Seems like you took advances of the VWP to get back in and just AOS so you didn't have to do it again well knowing.

I think it is kind of fishy and they know in their system that you did the K-1 and left, so I'm sure the will be a bit harder on your AOS now but I do hope the best for you.

No, he was talking about the CBP officer letting him BACK into the US on VWP. That's who told him to sort out AOS.

[Boiler 46,246]

With your luck i would be entering the Lottery.

[Georgia16 2,858]

No, he was talking about the CBP officer letting him BACK into the US on VWP. That's who told him to sort out AOS.

My bad I understood it as it was when he left the US.

Edited March 10, 2016 by Georgia16