On the advice of an immigration attorney

[Daemon45 0]

My wife and I are filing for AOS while she's here on a Visa Waiver from Australia. We were married prior to her visiting, in New York. We contacted an immigration attorney regarding filing, and he advised us that it would be perfectly fine for us to file for AOS while she's here on a Visa Waiver. Obviously, this conflicts quite a lot with the advice being given on this board - I'd just like some other opinions. Our situation is similar to, but far from the same as, many posts I've read here. The basics:

- Married 6 months

- Married in the U.S.

- I'm a U.S. Citizen by birth

- I'm in the U.S. Air Force

- I'm earning well above the poverty level requirements

- She's supposed to be out of the country by 8th of June 2007

- We're about to go post the petition

Any opinions or advice will be appreciated.

[Dan J 277]

How about dont talk to that attorney again. What he is suggesting is fraud and breaking the law. You can try it, But your wife could end up deported and banned, and then where would you be? File for K-3 or CR-1 and you will have nothing to worry about. She can visit in the meantime if she shows ties to her home country.

[msu17 0]

Obviously I am NOT an immigration lawyer, but from what I've read that is not ok. I would either get a 2nd opinion OR call the government and check. If what I've read is correct, that is visa fraud and would be obvious at the interview. Regardless of if you can or cannot do this without a marriage visa, she CAN'T leave without AP or you abandon the petition. Please double check this advice as if its wrong (which I think it is) you can be in BIG trouble.

And since you are married you'd file K3 or CR-1. K1 is fiance visa FYI

Edited May 29, 2007 by msu17

[TimsDaisy 0]

FOLLOW YOUR ATTORNEY.

Leave this site at once and do not return.

You are paying for information from someone. Here, you are getting second-guessing based on how you just summarized your case and its all anonymous.

There are so many nuances just to the facts you provided that would/could make this absolutely NOT FRAUD AT ALL. Please, for your own sanity, I urge you to have this thread closed and to move, happily, along your path.

Is your attorney an immigration attorney? You've said yes. Has he/she helped with a family-based process before? If yes, and I'm guessing yes, DANCE WITH THE ONE THAT BRUNG YA.

[Krikit 1,165]

I'm with Daisy. (Except for the "leave this site" part. lol) Please don't pay attention to the misinformation in the posts before Daisy's. They do not have the information which your lawyer has.

Edited May 29, 2007 by Krikit

[msu17 0]

I'm with Daisy. (Except for the "leave this site" part. lol) Please don't pay attention to the misinformation in the posts before Daisy's. They do not have the information which your lawyer has.

I didnt misinform anyone. I stated my OPINION, and clearly stated I'm NOT an immigration lawyer. If they have great recomendations for the lawyer they are with, then cool go with it. 2nd opinion never hurt anyone.

[Daemon45 0]

To all: Thank you very much for your replies and your time. You've helped reassure my wife that things are (probably) going to be fine. I'll be looking around here periodically, and I may be back with whatever news I bear. Thanks again

[msu17 0]

Good luck!!! I hope all goes smoothly! Congrats on finally getting to be with your wife!

[kitkat1 5]

In general, one can not apply for permanent residency under visa waiver, but if you are married to a USC, the rules are different. At the same time, one is not allowed to have immigrant intent under VWP. So you may run into intent issues at the AOS interview since you are already married. Let you lawyer advise you how best to handle this.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

You may be ineligible for adjustment to permanent resident status if:

You were admitted into the United States as a visitor under the Visa Waiver Program. (This rule does not apply to you if you are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21).)

[bszoom42 0]

FOLLOW YOUR ATTORNEY.

Leave this site at once and do not return.

You are paying for information from someone. Here, you are getting second-guessing based on how you just summarized your case and its all anonymous.

There are so many nuances just to the facts you provided that would/could make this absolutely NOT FRAUD AT ALL. Please, for your own sanity, I urge you to have this thread closed and to move, happily, along your path.

Is your attorney an immigration attorney? You've said yes. Has he/she helped with a family-based process before? If yes, and I'm guessing yes, DANCE WITH THE ONE THAT BRUNG YA.

I agree with TimsDaisy on this one as well - if your attorney whom you are paying, and to whom you disclosed all the details is instructing you to file a certain way, then do so. (If the advice seems really hokey, I would check to make sure that the attorney is in good standing with the state bar association.) Also make sure the papers are filed through the attorney; so that in case his/her advice is bad, you can demonstrate to USCIS that the advice on how to file was ok'ed by an immigration specialist; you were just following legal counsel from an expert who does this from a living.

[msu17 0]

Ok, soley for my own curiosity (in no way directed to OP) if this is not applicible for spouses, then why do people from VWP countries file spousal visas? Because I am going to kick myself if I could have done that!

[kitkat1 5]

Ok, soley for my own curiosity (in no way directed to OP) if this is not applicible for spouses, then why do people from VWP countries file spousal visas? Because I am going to kick myself if I could have done that!

Well it can be risky and not every lawyer would recommend it. It's also risky to attempt to enter on VWP which is meant for a 90 day visit, with your entire life at home wrapped up, and all your earthly belongings packed up and ready to enter. What would you do if you were denied at the POE? This isn't generally an issue when you enter on a spousal visa. Remember also that you cannot leave the US during the AOS time without AP - that could be a long, long time before the foreign spouse can work or leave the country.

[msu17 0]

Ok, soley for my own curiosity (in no way directed to OP) if this is not applicible for spouses, then why do people from VWP countries file spousal visas? Because I am going to kick myself if I could have done that!

Well it can be risky and not every lawyer would recommend it. It's also risky to attempt to enter on VWP which is meant for a 90 day visit, with your entire life at home wrapped up, and all your earthly belongings packed up and ready to enter. What would you do if you were denied at the POE? This isn't generally an issue when you enter on a spousal visa. Remember also that you cannot leave the US during the AOS time without AP - that could be a long, long time before the foreign spouse can work or leave the country.

Fly to canada and drive across Thanks, learn something new every day!

[kitkat1 5]

Ok, soley for my own curiosity (in no way directed to OP) if this is not applicible for spouses, then why do people from VWP countries file spousal visas? Because I am going to kick myself if I could have done that!

Well it can be risky and not every lawyer would recommend it. It's also risky to attempt to enter on VWP which is meant for a 90 day visit, with your entire life at home wrapped up, and all your earthly belongings packed up and ready to enter. What would you do if you were denied at the POE? This isn't generally an issue when you enter on a spousal visa. Remember also that you cannot leave the US during the AOS time without AP - that could be a long, long time before the foreign spouse can work or leave the country.

Fly to canada and drive across Thanks, learn something new every day!

Same issue - how are you going to prove that you don't have immigrant intent when your car is stuffed to the gills? What will you do if they deny you entry? Stay in Canada? Not to mention that it's only Canadians who don't need a visa to get into the US. There's a spousal visa for a reason - you did it the smartest way.

[msu17 0]

Ok, soley for my own curiosity (in no way directed to OP) if this is not applicible for spouses, then why do people from VWP countries file spousal visas? Because I am going to kick myself if I could have done that!

Well it can be risky and not every lawyer would recommend it. It's also risky to attempt to enter on VWP which is meant for a 90 day visit, with your entire life at home wrapped up, and all your earthly belongings packed up and ready to enter. What would you do if you were denied at the POE? This isn't generally an issue when you enter on a spousal visa. Remember also that you cannot leave the US during the AOS time without AP - that could be a long, long time before the foreign spouse can work or leave the country.

Fly to canada and drive across Thanks, learn something new every day!

Same issue - how are you going to prove that you don't have immigrant intent when your car is stuffed to the gills? What will you do if they deny you entry? Stay in Canada? Not to mention that it's only Canadians who don't need a visa to get into the US. There's a spousal visa for a reason - you did it the smartest way.

Hehe, sorry that was meant to be sarcastic Its a joke in my area...