Married on Visa Waiver (Advice Needed)

[Jason Richard 0]

I have just got married to my wife who is an American back in June 2009.

After my 90 days I returned home as I am only allowed to stay 90 days on the Visa waiver which I came over on.

After 3 weeks back in the United Kingdom I have just returned to the USA to be with my wife on another Visa Waiver. I have just found out that we are expecting a baby and I have apllied for resident status and have filed an I- 130 FORM today.

Im not sure what to expect other than interviews to make sure the marriage is all above board which it is.

I have 89 days left on my Visa waiver and Im really praying to God that they will let me adjust my status and let me stay legally after the 90 days are up.

We realise now that we should of filed for a k 1 visa before we got married and thats where we made the mistake.

But it was a genuine mistake.

Were both law abiding people with clean records and would never want to commit visa fraud.

But whats done is done now and I really dont want to go back to the United Kingdom after 90 days and keep traveling back and forth every time 90 days elapses.

Is there anyone else out there thats been in this situation?

Please let me know how you got on and what the outcome was...

Many Kind Regards

JR.

Edited August 20, 2009 by Jason Richard

[TayRivers 4]

I have just got married to my wife who is an American back in June 2009.

After my 90 days I returned home as I am only allowed to stay 90 days on the Visa waiver which I came over on.

After 3 weeks back in the United Kingdom I have just returned to the USA to be with my wife on another Visa Waiver. I have just found out that we are expecting a baby and I have apllied for resident status and have filed an I- 130 FORM today.

Im not sure what to expect other than interviews to make sure the marriage is all above board which it is.

I have 89 days left on my Visa waiver and Im really praying to God that they will let me adjust my status and let me stay legally after the 90 days are up.

We realise now that we should of filed for a k 1 visa before we got married and thats where we made the mistake.

But it was a genuine mistake.

Were both law abiding people with clean records and would never want to commit visa fraud.

But whats done is done now and I really dont want to go back to the United Kingdom after 90 days and keep traveling back and forth every time 90 days elapses.

Is there anyone else out there thats been in this situation?

Please let me know how you got on and what the outcome was...

Many Kind Regards

JR.

If you have already filed for adjustment of status then you do not need to leave once the 90 days are up. In fact if you do leave you will be abandoning your application and would need to file for a CR1 (spousal visa) to be able to return.

The question that is important is what was your intentions when you entered the USA on your VWP. Did you enter with the idea that you would file to adjust your status? or did you enter with the plan to spend 90 days with your wife and then return home to the UK?

If you entered the US with no intent to remain and file for AOS but due to a change in your circumstances you now want to remain then you can legally do so. If on the other hand you entered knowing that you could file for AOS and not have to get a immigrant visa then you will be commiting visa fraud and could be denied your AOS when you attend your interview.

You may be asked at the interview to supply proof that you did intend to return to your home country. You can use things like a letter from an employer stating that they expected you back on a certain date, a rental agreement or rent book, a mortgage statement showing you still owned property. Written statement from family or friends stating that to the best of their knowledge you did intend to return, Evidence of other property that you owned in the UK, a return flight ticket.

It is always a good idea to have a talk with a immigration lawyer just to go over your case and make sure you dont have anything that could cause you major issues later on.

There has been many people in your situation who have now got their greencards and had no problems durring the interview.

Hope this helps

[Boiler 45,917]

You need to see a lawyer.

If you filed yesterday and you have 89 days left then you must have filed the day that you arrived.

There is no way you could do that on 'the spur of the moment'.

You were very lucky to be let in for another 90 days btw.

[Otto 83]

Am sure you may have already read over them, but the 'disclaimer' at the beginning of the guide (link below) may help to understand why you are/will-be getting some 'cautious' replies.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[Old Dominion 26]

I have just got married to my wife who is an American back in June 2009.

After my 90 days I returned home as I am only allowed to stay 90 days on the Visa waiver which I came over on.

After 3 weeks back in the United Kingdom I have just returned to the USA to be with my wife on another Visa Waiver. I have just found out that we are expecting a baby and I have apllied for resident status and have filed an I- 130 FORM today.

Im not sure what to expect other than interviews to make sure the marriage is all above board which it is.

I have 89 days left on my Visa waiver and Im really praying to God that they will let me adjust my status and let me stay legally after the 90 days are up.

We realise now that we should of filed for a k 1 visa before we got married and thats where we made the mistake.

But it was a genuine mistake.

Were both law abiding people with clean records and would never want to commit visa fraud.

But whats done is done now and I really dont want to go back to the United Kingdom after 90 days and keep traveling back and forth every time 90 days elapses.

Is there anyone else out there thats been in this situation?

Please let me know how you got on and what the outcome was...

Many Kind Regards

JR.

After you file for adjustment of status, you will receive a letter of receipt. That letter authorizes you to stay in the U.S. until the AOS process is completed. But, it will not allow you to be re-admitted to the US if you travel overseas again, unless you also applied for advance parole (AP)

[NigeriaorBust 4,087]

If he married while here on a visa waiver , left and returned doesn't he have to file the I130 through his home country. I thought adjustment in place only worked if you hadn't left ( can you even adjust from a visa waiver ? )

[Boiler 45,917]

If he married while here on a visa waiver , left and returned doesn't he have to file the I130 through his home country. I thought adjustment in place only worked if you hadn't left ( can you even adjust from a visa waiver ? )

You can adjust from most visa entries. VWP, B, L pretty much the whole alphabet.

I 130 is filed in the US.

[msu17 0]

You need to see a lawyer.

If you filed yesterday and you have 89 days left then you must have filed the day that you arrived.

There is no way you could do that on 'the spur of the moment'.

You were very lucky to be let in for another 90 days btw.

I so agree with this. There is no way an IO will buy you just decided to stay with your wife (especially since you married on a previous visit) and then filed one day after entering. Obviously you decided you would just move and skip around all the lovely immigration rules. You need a lawyer since you have a possibility of facing a ban.

[Nik+Heather 121]

I'm sorry, but I just don't see how it's going to be in any way advisable for them to file to adjust status given their situation. When you entered for a second 90 day so close to your previous long visit, did you say that you were married and wanted to stay for another 90 days....and they let you in?!

Jason, while many successfully adjust on the Visa Waiver Program, just a day ago when you entered, you signed something which said it was not your intent to immigrate here. If you truely think that that is the case AND you can prove it with impartial evidence, then go for the adjustment. To me it seems a lot less risky (less stressful too!) to go for the CR-1 visa considering your entry dates and filing dates. Coming in on VWP and being married to a citizen and applying the day you arrive, just doesn't seem to jive with not having immigrant intent.

But there is good news! OP says they only filed the I130. Also, at the rate the CSC is approving I130s, they can wait out most of the time for the approval together, and he can go back and take care of loose ends, pack, have good bye parties, have his interview, and then come back home for good with a green card waiting for him and a clear conscience.

Also, I would put any thought of coming over here for 90 days after only 3 weeks in the UK out of your mind. I'm surprised they let you in for this long this time (esp. if you told the whole truth!!), and I can't imagine that they would let you in for such a length again this year.

Anyway, good luck, whatever you choose, and congrats on the little one on the way!

[msu17 0]

I'd go CR-1. For starters its the appropriate visa and 2ndly you won't face a ban for violating US immigration law. Plus you get a GC at the end of it.

[Jonara 0]

You are one lucky person... it's gotta be an oversight at the POE. Normally they will question you to pieces for coming back 3 weeks later. A lot of people get sent back for grounds of being an intending immigrant. You can't adjust status while on VWP by the way. It's written all over the place that's not permissible.

[TayRivers 4]

You are one lucky person... it's gotta be an oversight at the POE. Normally they will question you to pieces for coming back 3 weeks later. A lot of people get sent back for grounds of being an intending immigrant. You can't adjust status while on VWP by the way. It's written all over the place that's not permissible.

The bolded text is incorrect. You can legally adjust your status from a VWP as long as you did not have intent to circumvent the immigration laws.

It has been done by 1000's each year. It is up to you to prove to USCIS that you did not intend to do AOS when you entered the US.

[familyguy 2]

You are one lucky person... it's gotta be an oversight at the POE. Normally they will question you to pieces for coming back 3 weeks later. A lot of people get sent back for grounds of being an intending immigrant. You can't adjust status while on VWP by the way. It's written all over the place that's not permissible.

The other bolded text is also incorrect. As an example, I entered 31 times in one year on VWP never an eyebrow was raised. There are two classes of VWP T and B we do not know which the OP entered on.

The OP would well advised to seek at least an initial consultation with an attorney. Whilst technically he can follow the path he has indicated there may be certain obstacles he is unaware of.

Good luck to both of you and congrats btw.

[htslogistics-john 1]

Jason, i almost never post answer but you are ok because you only filed i130 , the best approach like evryone said is cr-1, it is legal to adjust from vwp but you'rw going to have a very hard time proving that you did not have immigrant intent and thats your biggest hurtle. if i were in your shoes i would go for cr-1 and you will be fine..if you decide to adjust you will be in the IO's hands...

congrats on the baby.

i wouldn't spend my time with a lawyer because you yourself know what proof you got to show your intent. and you have a lot of expenses coming up with the baby an all. if you have enought proof that you did not intent to immigrate you will be fine adjusting as well. you haven't done anything wrong if you wife told you guys we're expecting a baby on your 2nd day here and thats why you filed the i130 than thats what you have to tell IO. but if you knew that before coming to the U.S. and your intent was to come here and adjust than that is fraud.

good luck.

[Brother Hesekiel 2,236]

Jason,

1) "They" don't like it, but it's legal to get married on a VW, if you leave the country afterward.

You did, so you're okay here.

2) "They don't like it, but it's legal to adjust status from a VW, if you didn't have intention to stay.

You stated that you learned your wife is pregnant, and THAT IS THE SURPRISING REASON you now want to stay with your wife. I buy that. As an IO officer, however, I want to see that it came as a surprise. They will let you stay and adjust status, no doubt, but at the up-and-coming interview they will want to see proof that you actually need to go back to The Kingdom. Is your flat still waiting for you? Your job? Your "stuff?" You'll need to show proof of that.

Wish you the best