AOS ON VIA WAIVER PROGRAM

[ridgerunner1 1]

I understand from research you can apply for a aos on a vwp...now is there anybody here who has been granted an aos on the vwp or know somebody that has..thank you

[JFH 12,191]

To go to the US on the VWP with the intention of adjusting is fraudulent.

It can only be done once you have entered with no immigration intent and then circumstances have changed and the person decides to stay.

There are many people who have done it. There is a subsection on this forum for AOS from tourist, work and study visas. You will find them there.

You don't have a timeline so I can't see where you are in the process but you obviously have immigration intent if you are involved in the K-1 process. AOS from VWP is not to be used as a short-cut once the process has been started.

Edited March 15, 2016 by JFH

[KayDeeCee 4,896]

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas ~

[Anh map 2,098]

Follow the appropriate guide in the Guides section here on VJ. You can find it at the top of every page.

[baron555 934]

I understand from research you can apply for a aos on a vwp...now is there anybody here who has been granted an aos on the vwp or know somebody that has..thank you

Wrong information. VWP is for visiting for a specific time and then returning to your country. Not staying permanently.

You can visit on VWP, get married, file for the CR-1 Spousal Visa but must return within the time requirements of VWP.

Period.

For others here to suggest that you can do the same is in violation of the VJ TOS and they will be reported.

[Pennycat 880]

When you did or will apply for ESTA for the VWP you agreed to the following:

WARNING: If upon application for admission to the United States at a port of entry you are admitted under the Visa Waiver Program (VWP) by a US Customs and Border Protection Officer, you may not accept unauthorized employment; or attend school; or represent the foreign information media during your visit under the program. You may not apply for: 1) a change of nonimmigrant status, 2) an extension of stay, or 3) adjustment of status to temporary or permanent resident, unless eligible under section 245©(4) of the Immigration and Nationality Act. Violation of these terms will subject you to REMOVAL.

Please indicate you have read and understand the information provided above.

Yes, I have read and understand the information and agree to these terms.

No, I need additional clarification or I decline to provide acknowledgment.

The confusing part is basically this: yes, AOS from VWP (and tourist visas) is possible BUT to plan to do so is abuse of the system and is immigration fraud. People can and do have legitimate sudden changes in circumstances, and that is different (and not overly believable in most cases but that's a different issue).

By signing that electronic application, you agree that you are traveling for business or pleasure and are agreeing that you will not seek work or school or AOS. Then, by being admitted under the program, you are reaffirming that you are complying with those rules. Sometimes, you are directly *asked* what your plans are. No one here can advise you to plan to AOS from VWP as that would be advising fraud.

If you have the option for K1, that's the way to go. They are going very fast these days and are significantly less of a headache than you could be signing up for if your AOS from VWP plan goes awry.

[KayDeeCee 4,896]

I understand from research you can apply for a aos on a vwp...now is there anybody here who has been granted an aos on the vwp or know somebody that has..thank you

IF you are already in the US and want to(or have) married and want to stay, then follow this guide > http://www.visajourney.com/content/i130guide2

IF you are outside the US, then do not use the VWP with the intent to enter, marry, stay and file for AOS.

[JFH 12,191]

People can and do have legitimate sudden changes in circumstances, and that is different (and not overly believable in most cases but that's a different issue).

This!!!

[EM_Vandaveer 2,417]

OK, so the question is: are you currently in the US?

If the answer is NO, then, no, you cannot come on VWP with the intent to stay and adjust status.

If the answer is YES, then, yes, you may marry your USC fiancé/fiancée and file for AOS. Look at my signature, I did it without any problems, I'm a citizen since. Key point: when crossing the border, I did NOT intend to stay and adjust.