Can we apply for AOS if husband is here on VWP?

[america74 0]

Hello all! I am new to this forum and am so relieved to find a resource for connecting to people who are going through similar processes as me.

 

My question is: My husband and I(USC) were married in Feb 2017 abroad in his home country, Italy. He is here on the VWP, would we be able to realistically apply for AOS given that we were already married before entering? I have read a lot of posts of couples getting married in the US while on the VWP and then applying for AOS, but I'm curious if it changes the case if we were already married. I'm not sure if this would cause a suspicion of him entering with intent to stay? What should we be aware of when applying? 

 

Any information, advice, or past experiences related to this type of situation would be helpful. Thank you! :-)

 

 

[Unlockable 7,315]

No you should be fine. Although it is highly frowned upon that bridge has crossed, he can AOS.

[Teddy B 17,252]

8 hours ago, NuestraUnion said:

No you should be fine. Although it is highly frowned upon that bridge has crossed, he can AOS.

Highly frowned upon by people who were not able to go the same route. USCIS doesn't care one bit, it's perfectly legal.

[Teddy B 17,252]

10 hours ago, amberca said:

Hello all! I am new to this forum and am so relieved to find a resource for connecting to people who are going through similar processes as me.

 

My question is: My husband and I(USC) were married in Feb 2017 abroad in his home country, Italy. He is here on the VWP, would we be able to realistically apply for AOS given that we were already married before entering? I have read a lot of posts of couples getting married in the US while on the VWP and then applying for AOS, but I'm curious if it changes the case if we were already married. I'm not sure if this would cause a suspicion of him entering with intent to stay? What should we be aware of when applying? 

 

Any information, advice, or past experiences related to this type of situation would be helpful. Thank you! :-)

 

 

Your being married already doesn't affect a thing. Follow the guide here: http://www.visajourney.com/content/i130guide2

 

Good luck!

[america74 0]

Thank you both for your responses!

 

Teddy B: Do you think there is anything we should be aware of when applying? How long after we've arrived would do you recommend to send the application? I've seen people talking about a 30/60 day rule, but I don't really understand it, lol!

 

Thanks again for your help :-) 

[Teddy B 17,252]

20 minutes ago, amberca said:

Thank you both for your responses!

 

Teddy B: Do you think there is anything we should be aware of when applying? How long after we've arrived would do you recommend to send the application? I've seen people talking about a 30/60 day rule, but I don't really understand it, lol!

 

Thanks again for your help :-) 

Nothing special to be aware of, simply follow the guide I linked to and ask any further questions on the forum.

 

The 30/60/90 day rule used to be used as reference to show whether or not the immigrant had preconceived intent to immigrate on a non-immigrant visa. It is no longer used and the timeline for which you file for AOS (adjustment of status) doesn't matter because USCIS can no longer deny anyone AOS based on preconceived intent only. Any issue of preconceived intent to immigrate is considered to be satisfied once a person is allowed entry into the US by a Border Patrol Agent. There is case law that backs this up.

Edited April 13, 2017 by Teddy B