AOS after entering via VWP (new 30/60/90 days guideline from DOS)

[DELETEMEPLS 1]

I entered the US based on a VWP with the intention of just visiting my wife and bringing our dog over with the intention to see if he would be able to settle here in the US to then go back and work in my homecountry to do the I-130 process from there through CP.  

However I recently learned about the option of AOS and between that and our dog being restless when I'm not around and my wife asking to stick around and go through the process here in the US I've got the intention of going for an AOS while I'm here.  

Currently I'm predominantly worried about the new 30/60/90 day guidelines that the DOS adopted and in how much it might influence my application. My I-94 is valid till the end of August so based on previous advice (that might be outdated) I was thinking of sending everything in after 60 days. 

In addition there are some circumstances that don't necessarily fit in the typical mould (but it's our story), but for the most part those are things that will become relevant later. I met my wife online back in November and rather quickly we decided we wanted to get married. After visiting her in December we both went to Europe where we married in January, after which she returned to the US. Between this (short engagement, recently married and the guidelines) my only concern for now is the question of intent or rather how to prove that there wasn't any when I entered the US. 

Any advice is appreciated (and yes I'm well aware that people that plan on going the K-3/CR-1 route in general are typically sour when they hear about AOS plans, I was one of them).

[Villanelle 4,122]

Nothing to worry about. Nothing to prove about intent- that was determined at POE. The new guidelines dont impact the AOS process. 

[DELETEMEPLS 1]

6 hours ago, Damara said:

Nothing to worry about. Nothing to prove about intent- that was determined at POE. The new guidelines dont impact the AOS process. 

So thus far there are no known cases (here) where DHS adopted the DOS guidelines is what you're saying? Any suggestions regarding timing the petitions or are you saying it doesn't matter at all to begin with since we are already married when I gained entry?

[A&H2018 148]

Does not matter. You changed your mind, you lost return ticket paid for. Your dog is picky etc..How fast got married your own choice...your initial AOS will be thin since lack bonafied evidence. But you will have tons of time till interview to build your case over time.

Your real worry is that San Diego is a slow office and super bogged down. 18 month to 2 years is possible. Also EAD could be 5 months for sure or longer. Not sure what the wait is like dutch consulate but something to consider.

[DELETEMEPLS 1]

46 minutes ago, A&H2018 said:

Does not matter. You changed your mind, you lost return ticket paid for. Your dog is picky etc..How fast got married your own choice...your initial AOS will be thin since lack bonafied evidence. But you will have tons of time till interview to build your case over time.

Your real worry is that San Diego is a slow office and super bogged down. 18 month to 2 years is possible. Also EAD could be 5 months for sure or longer. Not sure what the wait is like dutch consulate but something to consider.

Guess I shouldn't lallygag by the sound of it. Wasn't aware that SD was so bogged down, guess it makes sense since it's so close to the southern border. Plus with developments around immigration and ICE errors that I hear about lately all the more reason to be in 'status limbo' as short as possible.  

 

As for bonafide evidence, we pretty much already set up everything jointly asap in anticipation of the CR1/K3 combo procedure (which on it's own was kinda a challenge considering most institutions don't know what to do with a foreign passport and the lack of SSN or they ended up being confused that my ITIN, which often times was mistaken for SSN, didn't turn up any background/credit info) so in terms of financial entanglements and shared responsibilities all of that is taken care of.

The only thing that takes time is spending time together, which in all honesty is a welcome 'task' since we didn't get much of a honeymoon period, but it can be a challenge sometimes since my wife is working so hard. Which incidentally is another reason to get things going if EADs take half a year or more, call me old fashioned but it feels shitty to have her do all the work regardless of me taking over all the administrative stuff and trying to take over as many household chores as possible. That leaves the duration of the relationship and how it came to be, in regards to the former the time in between will help I suppose, in regards to the latter it is what it is, it is our story and there is nothing we can change about it so I guess it's best not to worry about it too much since that won't have any effects on it anyway. 

 

As for the CR1/K3 combo via CP, last I checked it was roughly the same, as in 18-20 months or more. Only real difference would be the cost of the whole ordeal, but it will diminish the hardship by a great deal obviously and it will relieve the relationship of the strain that comes with long distance and a timezone difference of 9 hours. Personally the main motivator for myself would be that I can take a lot out of her hands whereas if I would be overseas she would have to juggle her demanding work, some personal space for hobbies and decompressing, time with me and everything that needs to be arranged stateside, plus it kinda fits our spontaneous way of handling life.

In prepping for the whole procedure overseas I never saw AOS mentioned as a possibility, on the contrary it is pretty much always explicitly stated a non-option for VWP visitors. Just recently I learned the full story after getting some legal advice or rather I've learned why, because it's a catch 22, you can only use it if it wasn't your intention to immigrate and by learning about it chances are that it will become your intention to use AOS. 

 

All in all I'll start prepping AOS I suppose, luckily a great deal of the CR1/K3 prep that I've done is useful for the AOS prep. Guess the next challenge awaits us and here I thought raising huge red flags by showing up with our dog at the border with the statement 'I'm visiting my wife' would be the biggest challenge for the coming year. 

 

 

Edited June 19, 2018 by WFT
Spelling and grammar errors

[A&H2018 148]

You are all good. If dutch consulate thatbbad as well yah no difference. Let us know if need help with anything else.

[DELETEMEPLS 1]

29 minutes ago, A&H2018 said:

You are all good. If dutch consulate thatbbad as well yah no difference. Let us know if need help with anything else.

Thanks, will do. Guess I'll be busy for the coming weeks prepping all of this.