Adjustment of Status on Visa Waiver Program

[jasdave 0]

Hello, I've been going through the posts and was wondering if anyone can comment on my situation--I am a US citizen and my fiancee is a UK citizen, we are going to be married in India in December and he will return on the visa waiver program with me to stay with me for a few months--he owns a house in London,has a mortgage, a job there, etc. We have discussed my immigrating to the UK--I plan on filing immigration paperwork for the UK from here once we are married, including whatever exams I would need to take to practice medicine in the UK (I am a physician), however, if we decide that it may be too difficult for me to practice in the UK or my current job makes me a more lucrative offer once they realize I may be leaving, can we file for adjustment of status for him? He is not coming after our marriage on the VWP with intent to immigrate, and i've read about this 30/60/90 day rule so I could wait over 60 dys to file. If we decide to stay here, I don't want to be separated while doing the cr1. By the way, we are both (obviously) Indian and I've read on a post here that the USCIS are less suspicious of white europeans??? I don't want him to be kicked out of the country if we file AOS but i'm not sure I want to move to London and don't want to delay filing while we decide. Should be file for me to immigrate there and for him to CR1 here simultaneously? I am worried that it looks really odd. Thanks everyone. Also consulted a lawyer who says this is legal since there is no intent to immigrate but would like the opinion of others without a vested financial interest in filling out paperwork for me. Thank you.

[Krikit 1,165]

I am not well-versed in this but I think he will encounter a problem at the POE. Once they (CBP) find out that you and he have married, he will likely face extra scrutiny and be required to prove that he does not have immigrant intent upon entering the country. He is definitely going to require documentation showing he does not intend to remain illegally. (See this post for additonal information.) Hopefully, someone will be along shortly to help you out with this.

[randyman 0]

The main issue is that the POE officer must be convinced that there is no intent to immigrate. As your immigration lawyer said, he can legally enter on a tourist visa if there is no intent to immigrate however if the POE officer does not believe this than of course they may deny entry. They can then require him to get either a K3 or CR1 to enter if they believe that.

Bottom line, be honest and sincere. If he must travel here after your marriage bring plenty of evidence to show no immigration intent and strong ties back home. Answer all questions honestly and if questioned be ready to explain the situation and show documentary proof (so they have more than your word) that there is no immigration intent. A morgage, proof of a job and other things that show that the trip will be for reasons allowable under the Visa Waiver Program.

It is terrific that you consulted a professional lawyer on this and his advice seems to fit the bill on paper. Just remember to bring proof and be honest. There is not much else you can do .

Best wishes with your wedding!

[athena_ny 1]

Hello, I've been going through the posts and was wondering if anyone can comment on my situation--I am a US citizen and my fiancee is a UK citizen, we are going to be married in India in December and he will return on the visa waiver program with me to stay with me for a few months--he owns a house in London,has a mortgage, a job there, etc. We have discussed my immigrating to the UK--I plan on filing immigration paperwork for the UK from here once we are married, including whatever exams I would need to take to practice medicine in the UK (I am a physician), however, if we decide that it may be too difficult for me to practice in the UK or my current job makes me a more lucrative offer once they realize I may be leaving, can we file for adjustment of status for him? He is not coming after our marriage on the VWP with intent to immigrate, and i've read about this 30/60/90 day rule so I could wait over 60 dys to file. If we decide to stay here, I don't want to be separated while doing the cr1. By the way, we are both (obviously) Indian and I've read on a post here that the USCIS are less suspicious of white europeans??? I don't want him to be kicked out of the country if we file AOS but i'm not sure I want to move to London and don't want to delay filing while we decide. Should be file for me to immigrate there and for him to CR1 here simultaneously? I am worried that it looks really odd. Thanks everyone. Also consulted a lawyer who says this is legal since there is no intent to immigrate but would like the opinion of others without a vested financial interest in filling out paperwork for me. Thank you.

I wouldn't worry too too much about the white European thing - I personally believe it's partially true because white Europeans who have obviously had intent to immigrate have had no problems when one could say they should have, but if there's no intent, there's no intent.

Remember that even if he gets into the country, intent is proven at the interview for AOS and they don't just go by the decison made at the airport. So keep all your proof