On the advice of an immigration attorney

[MM_MS 0]

Congratulations to you both!! You can brush up on what the State Department requires by going to the website. The K-1 forum is for those of us who are engaged. You guys are where most of us want to be(!!). Check out the other VJ forums and inquire there. The VJ guides are good, as well.

Please know that most of us are well intentioned and make suggestions based on what we know. Others can be bossy and yell, though they are also well intentioned ... even if they adopt a surly communication style. The more you read, the more you'll learn. Much good luck to you both!

MM and MS

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.

[Yodrak 7]

Daemon,

Exactly - similar to but not the same. Assuming that you've gone over all of the details with this attorney, and have left nothing out of the discussion with them, have the attorney help you to prepare the case for adjustment and attend the interview with you.

Am I correct that you had the discussion with the attorney after your wife's most recent entry, not before she entered?

Yodrak

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.

Edited May 30, 2007 by Yodrak

[Nancy2015 2]

FOLLOW YOUR ATTORNEY.

With all due respect, a lot of immigration attorneys don't even know what they're talking about.

OP, did you say you got married prior to her visit? So, she entered on a VWP while being married to you with an intent to adjust status? Is that what happened? If yes, it looks like visa fraud, no matter what your attorney says. Of course, a lot of people get away with it.

I agree though - do what your lawyer says, it's his/her responsibility to sort things out for you. Best of luck!

[kitkat1 5]

FOLLOW YOUR ATTORNEY.

With all due respect, a lot of immigration attorneys don't even know what they're talking about.

OP, did you say you got married prior to her visit? So, she entered on a VWP while being married to you with an intent to adjust status? Is that what happened? If yes, it looks like visa fraud, no matter what your attorney says. Of course, a lot of people get away with it.

I agree though - do what your lawyer says, it's his/her responsibility to sort things out for you. Best of luck!

Yes lawyers make errors. But the law clearly states that people who enter on VWP who are married to a USC ARE eligible to adjust status and there is certainly no guarantee that it looks like visa fraud or that there is any "getting away with it" to be done. The OP can certainly consult with other attorneys to gather more information (as he has started to do here).

[Twomoles 8]

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.

Weird story. Why K-1 fiancee visa? AOS process in one month is impossible, so she will be gone in July, and she will adjust her status in USA being in Australia? And have interview to prove you are both living together - where?

Or she will break law and stay here? Pending status adjustment doesn't men she has legal status to stay, because she didn't come on K-1. She might be bonded out as soon as she steps in homeland security office.

Maybe she better goes back, and you bring her here as your spouse.

And I am not attorney, its only opinion.

Best luck for you both. But if this works out, it actually will be very unfair to these who go thought this all in legal way step by step.

[kitkat1 5]

Weird story. Why K-1 fiancee visa? AOS process in one month is impossible, so she will be gone in July, and she will adjust her status in USA being in Australia? And have interview to prove you are both living together - where?

Or she will break law and stay here? Pending status adjustment doesn't men she has legal status to stay, because she didn't come on K-1. She might be bonded out as soon as she steps in homeland security office.

Maybe she better goes back, and you bring her here as your spouse.

And I am not attorney, its only opinion.

Best luck for you both. But if this works out, it actually will be very unfair to these who go thought this all in legal way step by step.

?????

They are married. They are not filing a K1. Once they have submitted the AOS paperwork, the expiration date on her WVP will not be an issue. The whole point of the post is about adjustment of status in the US for a spouse entering on VWP. She will not be breaking the law - the law is clearly quoted in the posts below. It is not illegal and it is not unfair - it's a method that most people wouldn't choose since she will be stuck in the US without the option to go home or to work.

There is WAY too much misinformation in this thread.

[Twomoles 8]

Weird story. Why K-1 fiancee visa? AOS process in one month is impossible, so she will be gone in July, and she will adjust her status in USA being in Australia? And have interview to prove you are both living together - where?

Or she will break law and stay here? Pending status adjustment doesn't men she has legal status to stay, because she didn't come on K-1. She might be bonded out as soon as she steps in homeland security office.

Maybe she better goes back, and you bring her here as your spouse.

And I am not attorney, its only opinion.

Best luck for you both. But if this works out, it actually will be very unfair to these who go thought this all in legal way step by step.

?????

They are married. They are not filing a K1. Once they have submitted the AOS paperwork, the expiration date on her WVP will not be an issue. The whole point of the post is about adjustment of status in the US for a spouse entering on VWP. She will not be breaking the law - the law is clearly quoted in the posts below. It is not illegal and it is not unfair - it's a method that most people wouldn't choose since she will be stuck in the US without the option to go home or to work.

There is WAY too much misinformation in this thread.

Well then I am sorry for misunderstanding.

Though I don't know what the difference. Anyone on K-1 is stuck without possibility to go home and work the same.

[kitkat1 5]

Weird story. Why K-1 fiancee visa? AOS process in one month is impossible, so she will be gone in July, and she will adjust her status in USA being in Australia? And have interview to prove you are both living together - where?

Or she will break law and stay here? Pending status adjustment doesn't men she has legal status to stay, because she didn't come on K-1. She might be bonded out as soon as she steps in homeland security office.

Maybe she better goes back, and you bring her here as your spouse.

And I am not attorney, its only opinion.

Best luck for you both. But if this works out, it actually will be very unfair to these who go thought this all in legal way step by step.

?????

They are married. They are not filing a K1. Once they have submitted the AOS paperwork, the expiration date on her WVP will not be an issue. The whole point of the post is about adjustment of status in the US for a spouse entering on VWP. She will not be breaking the law - the law is clearly quoted in the posts below. It is not illegal and it is not unfair - it's a method that most people wouldn't choose since she will be stuck in the US without the option to go home or to work.

There is WAY too much misinformation in this thread.

Well then I am sorry for misunderstanding.

Though I don't know what the difference. Anyone on K-1 is stuck without possibility to go home and work the same.

Not exactly - some K1s get work authorization at the POE. She did not have that option. Others file for and receive their EAD and AP within 90 days. She will not have that option.

[Lance27 20]

She can adjust status once she is in the country. However it is up to DHS/CBP to parole her into the country and you have to be aware that she could be turned away at the POE.

[Kez/JWolf 6]

Weird story. Why K-1 fiancee visa? AOS process in one month is impossible, so she will be gone in July, and she will adjust her status in USA being in Australia? And have interview to prove you are both living together - where?

Or she will break law and stay here? Pending status adjustment doesn't men she has legal status to stay, because she didn't come on K-1. She might be bonded out as soon as she steps in homeland security office.

Maybe she better goes back, and you bring her here as your spouse.

And I am not attorney, its only opinion.

Best luck for you both. But if this works out, it actually will be very unfair to these who go thought this all in legal way step by step.

?????

They are married. They are not filing a K1. Once they have submitted the AOS paperwork, the expiration date on her WVP will not be an issue. The whole point of the post is about adjustment of status in the US for a spouse entering on VWP. She will not be breaking the law - the law is clearly quoted in the posts below. It is not illegal and it is not unfair - it's a method that most people wouldn't choose since she will be stuck in the US without the option to go home or to work.

There is WAY too much misinformation in this thread.

Well then I am sorry for misunderstanding.

Though I don't know what the difference. Anyone on K-1 is stuck without possibility to go home and work the same.

Not exactly - some K1s get work authorization at the POE. She did not have that option. Others file for and receive their EAD and AP within 90 days. She will not have that option.

She can file for EAD at the same time as her AOS and will be able to work as soon as it has been approved.... she should not leave the US until she has her greencard.... other than that it is no diffrent than doing AOS from K1 or K3....

Kez