AOS on Visa waiver program

[Emmah1979 3]

Hi everyone 

 

I need a serious genuine answer pls because these forms are giving us both headaches 

 

my husband and I are in the middle of filing for the CR1 and then we came across this site TNvisaexpert.com which specify in the AOS. I now don’t know what to do. I hate the fact of being away from my husband for months while doing this CR1 and the AOS is looking more and more attractive as you can file while I am here and I don’t have to leave him. I am from the UK. The thing is I still have bills to clear and doing the CR1 would be ideal to the point my wages will be slowly clearing them before I arrive. But if I come and do the AOS I won’t be able to work and complete paying off my bills. I know my husband can support me but I have always been very independent in paying my way and hate asking for money to pay things sounds silly I know!! So please I need help what to do. I am due to fly back later and not sure what to file CR1 or go home for a few weeks and come back and file the AOS 

 

many thanks 

[Lemonslice 4,841]

Where are you now?  If you are in the USA, you can stay and adjust status.  Note that you will not be able to work or travel freely for about 4 months (so, you will be dependent on your husband unless you have enough savings - for some, that is ok, for myself, I would feel crushed and useless; you also said you have work and bills at home, so that might become a problem for you). 

If you are home in the UK, then you cannot visit with the intent to stay, so forget about the adjustment of status and continue with the CR1. 

[Crazy Cat 41,884]

15 minutes ago, Emmah1979 said:

not sure what to file CR1 or go home for a few weeks and come back and file the AOS 

You cannot legally enter the US via a nonimmigrant route with intent to   adjust status......fraud.

[Roel 7,192]

Spouse or fiance visa are here for a reason. Reason is, it is illegal to come to come to the US on non immigrant visa or vwp with the intent to stay forever and adjust. Especially nowadays doing that might end with with aos being denied. 

[Emmah1979 3]

I am visiting right now but due to leave today, but what if I came back and visited again? Sorry if that sounds wrong but I just don’t like being apart from him, I wasn’t sure about the www.tnvisaexpert.com. Basically they offer AOS while here on a vwp of course I want to go the right route the cr1 but I am scared of being apart for so long. Brain ache what to do. If anyone has been through this I would love to know. 

[NikLR 13,227]

If you want to AOS you must stay and AOS.  To enter on a non-immigrant visa or using the VWP with the intent to stay and adjust status is fraud.  If you told the CBP officer that you were planning to adjust your status they would turn you away and tell you to go home.  

 

You'll also have wasted any money you've already spent on this process.  At least with a CR1 you can work and travel right away as you'll be a green card holder.  But if you decide to stay it will be closer to 120days or more before you can even return for anything you left in the UK.

[Crazy Cat 41,884]

7 minutes ago, Emmah1979 said:

I am visiting right now but due to leave today, but what if I came back and visited again? Sorry if that sounds wrong but I just don’t like being apart from him, I wasn’t sure about the www.tnvisaexpert.com. Basically they offer AOS while here on a vwp of course I want to go the right route the cr1 but I am scared of being apart for so long. Brain ache what to do. If anyone has been through this I would love to know. 

Your only legal choice now is the CR-1 (assuming you leave the US)........and many, many of us have had to be apart from out spouses for many months.

You can visit during CR-1, but you can not stay, and you must interview in your home country.

Edited October 22, 2017 by missileman

[Crazy Cat 41,884]

It might be worth reading this:

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[Roel 7,192]

14 minutes ago, Emmah1979 said:

I am visiting right now but due to leave today, but what if I came back and visited again? Sorry if that sounds wrong but I just don’t like being apart from him, I wasn’t sure about the www.tnvisaexpert.com. Basically they offer AOS while here on a vwp of course I want to go the right route the cr1 but I am scared of being apart for so long. Brain ache what to do. If anyone has been through this I would love to know. 

News flash. We ALL had to wait and be apart from our partners. This is no brainer. What you want to do is illegal. Might end up with aos denied. Do you think Uscis is stupid and won't see that you just went back to UK to wrap some things up and come with on vwp with intent to adjust? Please act like a grown up and do the spouse visa. Which is the only good way. I'm sorry but I really hate when people are trying to play the system while all of us had to wait. 

 

Besides you're already on the better position than most of people. You can visit your spouse during the cr1 process on your vwp.  

[mindthegap 2,590]

1 hour ago, Emmah1979 said:

 I am due to fly back later and not sure what to file CR1 or go home for a few weeks and come back and file the AOS 

 

Only you can decide.

 

As you are currently in the US and it was not your intention to AOS at the time of entering, then yes, you can AOS. 

If you leave and then re-enter with the intention do so, that is not legal, and is classed as visa fraud.

 

This topic always elicits responses along the lines of  'zomg, we all had to wait/you can't do that/it is wrong' , as people get pretty frustrated at what can be seen as other people jumping the queue (how very English ), when they have had to wait and in many cases been separated for prolonged periods. However, those are emotional responses, and not factual ones.

The law may change, but the fact remains that AOS is, at the present time and in your circumstances, legal. 

 

[Emmah1979 3]

It is not my intent to AOS at all, but literally the last day before I am due to fly back we come across this and rather frustrated now that I have to leave. And yes of course it looks fishy if I come back and visit and then AOS I understand that and it’s not my intent to. I was just looking at the options on what to do. We filled everything out for rapid visa to do there job and then thought so we continue or not. But I think I will just go through the right route I understand you all had time apart and I just hate it that’s all 

[mlh 93]

Just my two pence, if you haven't sent anything to RapidVisa, don't waste your money unless you have a difficult case.  You have to fill out the same info for them to just copy it onto the forms anyway.  Since you have to do all of the legwork, it's cheaper to do it yourself.

 

We used a lawyer for filing the I-130 and then after them delaying the process by not sending the paperwork for about 3 weeks after receiving all of our evidence and information for the forms, we did the rest of the process on our own and saved about $1500.

 

 

[geowrian 22,337]

5 hours ago, Emmah1979 said:

I am visiting right now but due to leave today, but what if I came back and visited again? Sorry if that sounds wrong but I just don’t like being apart from him, I wasn’t sure about the www.tnvisaexpert.com. Basically they offer AOS while here on a vwp of course I want to go the right route the cr1 but I am scared of being apart for so long. Brain ache what to do. If anyone has been through this I would love to know. 

Leaving and coming back to AOS would be fraud. If you want to do AOS, your only legal opportunity would be before you leave.

Yes, it's hard to be apart. But that's not an excuse to break the law (and potentially make things much harder for yourself).

 

3 hours ago, Emmah1979 said:

It is not my intent to AOS at all, but literally the last day before I am due to fly back we come across this and rather frustrated now that I have to leave. And yes of course it looks fishy if I come back and visit and then AOS I understand that and it’s not my intent to. I was just looking at the options on what to do.

Option 1: Stay and AOS. Wait for AP/EAD to travel abroad/work (around 4 months or so after filing for AOS).

Option 2: File the I-130 and go for a CR-1 visa. You can visit in the meantime.

[JFH 12,190]

OP, I know you will hear many people say "we all had to wait" and you're probably thinking it doesn't help much. But I promise you, as someone who has been through the CR-1 and survived it, that it's not as bad as it seems. I have been in the situation you are in today. Many, many times. I have cried all the way home. I have even been physically sick on the way home because I couldn't bear to leave my husband. I experienced true grief, as if someone close to me had died, during the separation. I understand you love your husband deeply. I know you can't bear to be apart. I promise I do not love my husband any less than you love yours. So I know how you feel. 

 

I was very tempted to stay and AOS on many occasions. We even turned back on the way to the airport once because I couldn't face getting on the plane (but I did). I felt I would have to be carried onto the plane because I was so distraught I could barely function. Going home seemed so bleak. 

 

However, I'm so glad I persevered with the CR-1. That feeling of getting my visa and then coming here and being a permanent resident immediately on arrival, knowing that I didn't have to hope that AOS would t be denied, knowing that I could work right away and we would be financially sound, knowing that I had status here... I just can't describe it in words. I kept busy at home while I waited. I broke the time up into small chunks and visited on the VWP a few times. I took time to have fun with friends who I won't be able to see for a long time, elderly family members who may even be dead before I can come back to visit again. I drove around England and filled my mind with beautiful memories of a wonderful country. I ate more cadburys than I can remember. I went to Paris for a few days with friends and had a blast. I basically had a 10-month farewell party. Yes, there were sad moments. But once the process had started I could see light at the end of the tunnel. Friends were very supportive in getting me through it and so was this forum. I actually got a buzz from knowing that once the process started every day was another day closer to being together forever. 

 

It it really isn't as bad as you're thinking. It probably doesn't seem like that now but please believe me. I've done it. 

[Emmah1979 3]

Jfh thank you I have messaged you