AOS on Visa Waiver Program

[Jordan8768 107]

1 minute ago, Tjd2006 said:

Jordan, that is exactly the case. Thank you very much. 

No worries. So like others said you can adjust. My advice would be to get married and start filling out the forms asap. An overstay won't effect your aos as long as you file as soon as possible, but like others said it will effect you guys if your situation changes. 

[Boiler 45,571]

1 hour ago, troika said:

This is interesting, didn't know this ... why do people from WVP countries then even bother with K1/CR1 visas then. If everyone can just go on the WVP, marry and file for AOS ?

Most do.

[Tjd2006 6]

2 hours ago, troika said:

This is interesting, didn't know this ... why do people from WVP countries then even bother with K1/CR1 visas then. If everyone can just go on the WVP, marry and file for AOS ?

I think a lot of people do an AOS. I think it would be more difficult in my situation if he had visited before. They may look at it as he came over planning to get married if this was his second or third time. 

 

Correct me if wrong guys but doesn't it cost MORE to do an AOS? Though if we went the K1 route it would cost us way more. We would have travel expenses for him to go from Portugal to France to meet with the consulate. We would also have additional expenses for him to travel back here again etc etc. 

 

AOS just seems the best option for us. We absolutely are not committing Fraud either as we never planned to get married before him coming here at all. 

 

I've seen people openly write on forums though that they planned to get married the whole time. When they spoke with an attorney their attorneys just say to say they walked by the court house. Got overcome with emotion and ran in and got married. 

[Boiler 45,571]

4 minutes ago, Tjd2006 said:

I think a lot of people do an AOS. I think it would be more difficult in my situation if he had visited before. They may look at it as he came over planning to get married if this was his second or third time. 

 

They are the PoE and if you are here then by definition you passed that test.

[troika 307]

19 minutes ago, Tjd2006 said:

I think a lot of people do an AOS. I think it would be more difficult in my situation if he had visited before. They may look at it as he came over planning to get married if this was his second or third time. 

I think if they see you guys got married on a WVP and filed for AOS, it might be a bit more difficult and they might be a little bit more suspicious, but then again, how do they prove he went their with the intention of getting married. I personally would not risk my WVP status, in case something doesn't work, overstayed and loose my WVP privilege forever.

 

Good luck though, hope everything works out. We are on day 126 waiting for a K1 approval and being apart is so hard, I wouldn't mind so much if we were at least together or if they at least gave some updates, this not knowing, blackhole of the USCIS is torture 

[Unlockable 7,314]

You still have the option of getting married and him leaving before his allotted time is up and filing for spousal with him frequently visiting you during the process. This gives him the chance to go home and finalize things for the move (pack, say good bye to friends, close account, etc). Keeping the VWP in good status can be to your advantage also.

 

Just another option.

[Tjd2006 6]

19 minutes ago, NuestraUnion said:

You still have the option of getting married and him leaving before his allotted time is up and filing for spousal with him frequently visiting you during the process. This gives him the chance to go home and finalize things for the move (pack, say good bye to friends, close account, etc). Keeping the VWP in good status can be to your advantage also.

 

Just another option.

He actually has no need to go back. He graduated school but had no money or accounts over there. I'll file the paperwork before his VWP expires as well. 

[GabiMatch 161]

3 hours ago, edsperfect said:

It does not sound to me like either of you want to get married at all.

And how did you come up with this?  

That's rude!

 

[Megmar0616 11]

I am in the same position as you. I came here on the vwp and we are planning aos too. My time is up on august 11th. I'm starting to panic too as I haven't yet filed the paperwork. I made a thread on here and people were really helpful and supportive but reading some comments on here is giving me major anxiety lol.

[Soup Dragon 104]

13 hours ago, troika said:

This is interesting, didn't know this ... why do people from WVP countries then even bother with K1/CR1 visas then. If everyone can just go on the WVP, marry and file for AOS ?

They bother because it's the legal way to do it.   Entering on VWP with the intention of adjusting status is fraud.

[troika 307]

51 minutes ago, Sunflower18 said:

They bother because it's the legal way to do it.   Entering on VWP with the intention of adjusting status is fraud.

yes, thank you. that has been said before earlier in the thread.

 

I just didn't know you can adjust from WVP at all. Didn't think it was allowed/possible.

[Hypnos 6,576]

It is, but only for immediate relatives. 

[caliliving 606]

2 hours ago, troika said:

yes, thank you. that has been said before earlier in the thread.

 

I just didn't know you can adjust from WVP at all. Didn't think it was allowed/possible.

You will be fine. Lots of people overstay a few years or change their minds after and don't get the paperwork in right away..i waited 2yrs to file and nothing about my overstay came up at the interview bc they can't ban h for overstay 

 

[Randyandyuni 2,682]

14 hours ago, Tjd2006 said:

He actually has no need to go back. He graduated school but had no money or accounts over there. I'll file the paperwork before his VWP expires as well. 

Good luck with this, I hope you have an easy time with the Columbus office, I am doing AOS there also, just filed 2 weeks ago

[Hypnos 6,576]

5 hours ago, caliliving said:

they can't ban h for overstay

The bar still exists once you hit the 180 or 365 days, it just isn't enforced for permanent residents. 

 

If at any point a person with the bar ceases to be an LPR (and didn't become a US citizen either - let's say they abandoned their green card and returned to their home country) then the bar is now active again. 

 

I've found that explaining this here on VJ is like spitting in the wind. The popular myth is that "overstay is forgiven" and few people can see beyond that.