concerns about aos on visa waiver program

[FrankSinatra 14]

Hello everybody, I have been reading the guides and now I kind of know what I have to do and how, but I have some concerns about this whole situation, so now Im going to write down my history so maybe you guys can guide me a little.

 

I entered the country around a month ago and when I entered, the border agent started to question my intentions, he never sent me to another room or checked my things, nothing like that. He just asked me how long I was going to stay and he automatically said he didnt like me because I was spending too much time in the country and said I was abusing my ESTA by travelling too much, he said he would send me back home and revoke the esta, but at the end for some reason he called another agent who asked me if I was a student, had a job and what I Was going to do here. I said I was visiting my girlfriend and Im a university student. Then the first agent, gave me back  my passport and said "welcome, enjoy it, I will keep you tracked though" . I dont know if it all was just to scare me since they never sent me to another room or asked more questions but Im still kind of scared.

I never got questioned about my relationship or intentions to marry her.

Its been a month and we never planed it, but my girlfriend (who is a us citizen) and I want to get married and want to stay together. So we are thinking about getting married and applying for the aos.

 

Is this a risky process? Could I be deported for doing this even if my intention was never to do it? We just cant handle being apart anymore, the distance is so hard and after the first time we met, it felt even harder, we dont want to go throught it all over again.

[millefleur 5,046]

**Moved from Adjustment of Status (Green Card) from Family Based Visas to Adjustment of Status from Work, Student, & Tourist Visas; OP is adjusting from ESTA**

 

I would say that because they let you in, you should be fine. It was their job to determine your intentions and in the end they decided to let you in. They have no reason to deport you. You didn't break any laws and you were let in fair and square.

[Jordan8768 107]

It was likely just to scare you. Since your intentions weren't to get married and the fact that you were admitted into the country and therefore they deemed your intent was not to get married. I don't think you have anything to be worried about 

[Georgia16 2,858]

25 minutes ago, FrankSinatra said:

Hello everybody, I have been reading the guides and now I kind of know what I have to do and how, but I have some concerns about this whole situation, so now Im going to write down my history so maybe you guys can guide me a little.

 

I entered the country around a month ago and when I entered, the border agent started to question my intentions, he never sent me to another room or checked my things, nothing like that. He just asked me how long I was going to stay and he automatically said he didnt like me because I was spending too much time in the country and said I was abusing my ESTA by travelling too much, he said he would send me back home and revoke the esta, but at the end for some reason he called another agent who asked me if I was a student, had a job and what I Was going to do here. I said I was visiting my girlfriend and Im a university student. Then the first agent, gave me back  my passport and said "welcome, enjoy it, I will keep you tracked though" . I dont know if it all was just to scare me since they never sent me to another room or asked more questions but Im still kind of scared.

I never got questioned about my relationship or intentions to marry her.

Its been a month and we never planed it, but my girlfriend (who is a us citizen) and I want to get married and want to stay together. So we are thinking about getting married and applying for the aos.

 

Is this a risky process? Could I be deported for doing this even if my intention was never to do it? We just cant handle being apart anymore, the distance is so hard and after the first time we met, it felt even harder, we dont want to go throught it all over again.

You are kind of saying 2 different things here.

 

But they let you in and I guess according to you you changed your mind in only a month so you should be fine to adjust. Just remember you can't leave the country before either AP or GC.

[Jordan8768 107]

When coming to adjust your status the most important thing is that your relationship is real. Many people here say that intent doesn't matter. Since you were admitted, legally, you shouldn't have any problems. 

 

I would recommend that you do everything legally though just in case the tracking claim is correct. Do not overstay your visa, make sure you file for adjustment of status before this expires so that you can stay. 

Edited June 13, 2017 by Jordan8768

[FrankSinatra 14]

Sorry what I meant is that they never asked about my relationship or if I had intentions to get married and stay (which I didnt have back then).

 

We have been dating for 2 years on the distance, we met one time before and spent 3 beautiful and perfect months together and this is our second time together and we dont want to go through the distance anymore. We have endless amounts of conversations on facebook, skype, texts, we have hundreds and hundreds pictures together, with her family, in theme parks and all kind of situations and places so I believe there is no way nobody will doubt or relationship. Our only concern is ice knocking the door while Im adjusting status or something bad like deportation happening because lately things are pretty messy with the whole immigration subject

[Georgia16 2,858]

2 minutes ago, FrankSinatra said:

Sorry what I meant is that they never asked about my relationship or if I had intentions to get married and stay (which I didnt have back then).

 

We have been dating for 2 years on the distance, we met one time before and spent 3 beautiful and perfect months together and this is our second time together and we dont want to go through the distance anymore. We have endless amounts of conversations on facebook, skype, texts, we have hundreds and hundreds pictures together, with her family, in theme parks and all kind of situations and places so I believe there is no way nobody will doubt or relationship. Our only concern is ice knocking the door while Im adjusting status or something bad like deportation happening because lately things are pretty messy with the whole immigration subject

They won't do that. Right now you are here on the ESTA after you send in the AOS you are allowed to stay while the petition is pending so no worries about that at all.

 

The highlighted are illegal immigrants.

Edited June 13, 2017 by Georgia16

[millefleur 5,046]

Unless you break a law or commit a crime, they have no reason to deport you.

[Jordan8768 107]

2 minutes ago, FrankSinatra said:

Sorry what I meant is that they never asked about my relationship or if I had intentions to get married and stay (which I didnt have back then).

 

We have been dating for 2 years on the distance, we met one time before and spent 3 beautiful and perfect months together and this is our second time together and we dont want to go through the distance anymore. We have endless amounts of conversations on facebook, skype, texts, we have hundreds and hundreds pictures together, with her family, in theme parks and all kind of situations and places so I believe there is no way nobody will doubt or relationship. Our only concern is ice knocking the door while Im adjusting status or something bad like deportation happening because lately things are pretty messy with the whole immigration subject

As long as you do everything legally you cannot be deported. Just make sure you file before the end of your visa and you'll be fine. If you go out of status, that period of time on the VWP you have no rights and can be deported 

[FrankSinatra 14]

Thank you so much guys, so as long as I get married and apply for the aos before the 90 days, I Wont be in troubles?

I really cant wait for all of this be over so I can be in peace and start a happy new life with my loved one this whole situation is pretty stressful

[Jordan8768 107]

17 minutes ago, FrankSinatra said:

Thank you so much guys, so as long as I get married and apply for the aos before the 90 days, I Wont be in troubles?

I really cant wait for all of this be over so I can be in peace and start a happy new life with my loved one this whole situation is pretty stressful

Yes. Just make sure you get everything sent off before the end of the 90 days. I kept the tracking number and receipt after I sent it off for my piece of mind. It's not the end of the world if you file after the 90 days but during that period of out of status you are at risk so just get it done asap after you get married. 

 

Good luck and if you have any questions make sure you ask!!!

[FrankSinatra 14]

Im pretty anxious already so I will make sure to send everything right the day after of my wedding haha. I spoke to a lawyer through the phone and he adviced me to get married after 70 days of my arrival. So I will get married around the 70 day, the 71 day I will go to the uscis to get the forms, file them and ask them for help to fill them if needed, and send everything the 72-73 day. Will this be fast and safe enough? Thank you for the help

[Georgia16 2,858]

50 minutes ago, FrankSinatra said:

Im pretty anxious already so I will make sure to send everything right the day after of my wedding haha. I spoke to a lawyer through the phone and he adviced me to get married after 70 days of my arrival. So I will get married around the 70 day, the 71 day I will go to the uscis to get the forms, file them and ask them for help to fill them if needed, and send everything the 72-73 day. Will this be fast and safe enough? Thank you for the help

There is no Way they Will help you with that. You can print out the forms on their webpage there are also instructions and so on and otherwise you can use the top tap 'guide' for help also. 

 

Do do you already have your birth certificate? 

[FrankSinatra 14]

I dont have it yet but I heard I can get it from the consul/embassy, is this true? Do I need any document to be sent from my country to the US?

[David & Diana R 1,005]

3 hours ago, FrankSinatra said:

Hello everybody, I have been reading the guides and now I kind of know what I have to do and how, but I have some concerns about this whole situation, so now Im going to write down my history so maybe you guys can guide me a little.

 

I entered the country around a month ago and when I entered, the border agent started to question my intentions, he never sent me to another room or checked my things, nothing like that. He just asked me how long I was going to stay and he automatically said he didnt like me because I was spending too much time in the country and said I was abusing my ESTA by travelling too much, he said he would send me back home and revoke the esta, but at the end for some reason he called another agent who asked me if I was a student, had a job and what I Was going to do here. I said I was visiting my girlfriend and Im a university student. Then the first agent, gave me back  my passport and said "welcome, enjoy it, I will keep you tracked though" . I dont know if it all was just to scare me since they never sent me to another room or asked more questions but Im still kind of scared.

I never got questioned about my relationship or intentions to marry her.

Its been a month and we never planed it, but my girlfriend (who is a us citizen) and I want to get married and want to stay together. So we are thinking about getting married and applying for the aos.

 

Is this a risky process? Could I be deported for doing this even if my intention was never to do it? We just cant handle being apart anymore, the distance is so hard and after the first time we met, it felt even harder, we dont want to go throught it all over again.

It is assumed that you intend to stay....YOU must prove that it was not your intention to stay when you entered.  They can "track" you as the agent warned.  I would be very careful.  I would not get married on this trip.  I would go home before the visa expires and do a K-1...but that's just me.  I tend to err on the side of caution.