AOS under VWP, did we make a mistake?

[Pikanano 0]

Hi, we're a lesbian couple, I traveled to the US almost 3 months ago with the plan to visit my girlfriend. I was supposed to return last week, however my girlfriend proposed and said she couldn't see me leave especially now that she found a new job (we were staying at her parents house) because she wants to start a life together with me. We're both in our late 20s, we've been a couple for around a year but things went fast and we'd like to settle down, it would be so nice to find an apartment together, do furniture shopping together etc.

 

I came here under VWP, however we married and I'm past the date of returning for my original ticket. I'd have to buy a new ticket but my 90 days will be up in 2 days and tickets are really expensive now.

Is it okay to think she's really silly for making me stay? Because as far as I understand it, you can't really travel to the US as a tourist, marry and stay? Is it just the intent that matters because I did NOT expect her to do this and my plan was to go back.

 

Will we be in any trouble? I'm aware I need to file I-130 and I-485 concurrently (along with EAD/AP forms) but will we get any questions about our relationship or my intent?

Edited May 30, 2018 by Pikanano

[jesserz 73]

I'm not the 100% expert here, but here's a direction to look towards: Adjustment of Status. I think (again, not an expert, but look in to it) you can do that if you got married on a visa waiver or tourist visa so long as it wasn't your original intent, which, you've already said it wasn't. But I don't know how that works with overstaying. I mean, I don't know if you can overnight the documents so that it's all done in a timely manner. If that's a dead end, then you should probably leave ASAP and file the I-130.

 

Also congrats on the wedding!

[geowrian 22,338]

You can do AOS just fine. Your intent was determined at POE...things change. No issue here. Congrats!

 

18 minutes ago, Pikanano said:

Is it okay to think she's really silly for making me stay? Because as far as I understand it, you can't really travel to the US as a tourist, marry and stay? Is it just the intent that matters because I did NOT expect her to do this and my plan was to go back.

She can't make you stay...you choose to stay or not. Just keep in mind you can't leave until you have AP, otherwise your AOS will be abandoned and you will need to go through consular processing abroad for a CR-1 visa.

Correct...you cannot enter on a tourist visa or ESTA with the intent to stay. You entered then decided to stay due to a change in circumstances. It's a non-issue.

[Bfree3 132]

File AOS package ASAP. Get the process started, you’ll be fine. Continue to read and do your research as you’ll see you’re not the first. 

[Pikanano 0]

13 minutes ago, Bfree3 said:

File AOS package ASAP. Get the process started, you’ll be fine. Continue to read and do your research as you’ll see you’re not the first. 

Thank you, yes I've been doing research however there's some conflicting information sometimes.

 

As far as I'm aware: There's no 30/60 rule and the 90 day rule is only used by the Department of State, USCIS doesn't care about this.

 

There's this though:

Quote

INA section 245(c)(4) renders aliens admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. This provision, however, includes an exception for immediate relatives of U.S. citizens. 5 Thus, an individual admitted under the VWP who is also an immediate relative is not precluded from seeking adjustment of status, even after the VWP period has expired.

INA section 245(c)(4) specifically states that the bar is not applicable to immediate relatives so I'm good here.

 

However, how do I "prove" that I had intent to go back? Return tickets? I have a letter from my employer, too.

Also, how do I prove that our marriage is bona fide? I suppose being lesbian helps and being in our 20s helps too, but we barely have any pictures of us together because we're both extremely camera shy.

[Little_Vixen 1,869]

First of all congratulations

 

From what I understand is you don't need to prove you had the intent to go back 'home'. The only checkpoint where they want to see that is at the border, and you already passed that point. You came into the country legally, without the intent to stay, and that was proven at the border (or not questioned anyway) and that's it. Case closed.

 

File for AOS and do so as soon as possible cause officially you will be out of status and thus 'illegal' once your 90 days VWP runs out. Being 'illegal' is being wavered once you file AOS though, so its probably still no big deal, but personally it would make me antsy.

 

Now for your AOS n=you need to prove a bona fide marriage. And I'm sorry but being lesbian and in your 20's doesn't prove anything but you being lesbian and in your 20's.

You prove your marriage to be bona fide by proving that you share a life together. Shared bills, share lease on an appartement, shared mortgage, shared bankaccounts, shared taxfilings, things like that.

And of course your marriage license.

[Pikanano 0]

2 minutes ago, Little_Vixen said:

First of all congratulations

 

From what I understand is you don't need to prove you had the intent to go back 'home'. The only checkpoint where they want to see that is at the border, and you already passed that point. You came into the country legally, without the intent to stay, and that was proven at the border (or not questioned anyway) and that's it. Case closed.

 

File for AOS and do so as soon as possible cause officially you will be out of status and thus 'illegal' once your 90 days VWP runs out. Being 'illegal' is being wavered once you file AOS though, so its probably still no big deal, but personally it would make me antsy.

 

Now for your AOS n=you need to prove a bona fide marriage. And I'm sorry but being lesbian and in your 20's doesn't prove anything but you being lesbian and in your 20's.

You prove your marriage to be bona fide by proving that you share a life together. Shared bills, share lease on an appartement, shared mortgage, shared bankaccounts, shared taxfilings, things like that.

And of course your marriage license.

Yeah, that was just a thought, no hate against straight folks

We don't share much together because we're still in the very early stages of 'starting' our lives. We live with her parents (who will co-sponsor), we do have a shared checking account, but we've only been married very recently so there's no shared taxes or anything like that. Would it be possible to take this information to the interview later because otherwise I think I'd have to wait with filing for AOS in order to get the proof in order? Because we were long distance, it seems really hard to prove that we share a life together. I do have receipts and stuff of us going to museums and other things, train tickets that had both our names on it etc.

[Teemo 252]

12 hours ago, Pikanano said:

Yeah, that was just a thought, no hate against straight folks

We don't share much together because we're still in the very early stages of 'starting' our lives. We live with her parents (who will co-sponsor), we do have a shared checking account, but we've only been married very recently so there's no shared taxes or anything like that. Would it be possible to take this information to the interview later because otherwise I think I'd have to wait with filing for AOS in order to get the proof in order? Because we were long distance, it seems really hard to prove that we share a life together. I do have receipts and stuff of us going to museums and other things, train tickets that had both our names on it etc.

Sounds like you need to do a lot of research on bona fides. There are dozens of threads you can read here rather than starting from scratch.  Anyway you don't need to present bona fides until the interview which is usually 1+ year from applying. So lots of time to build bona fides. As for pictures, start getting in the habit of taking them, including with both of you with family and friends, as this is a very helpful part of presenting bona fides. Don't show up thinking "we're camera shy" is going to cut it.