Married while in US on ESTA - AOS?

[steviem 0]

So I came to the US via ESTA to stay with my fiance for 3 months. During the 2nd month, we decided that as it was a certainty that this was going to happen anyway, we got married.

I now have less than a month remaining and she doesn't want me to leave. Is it possible to file for AOS and remain in the US at this address?

[Sirdaniel42 86]

Yes it is possible but the burden is on you to prove that you did not come to the United States with the intend to marrie, that would be illegal.

Else you need to apply for the CR-1 Visa for a Foreign Spouse, http://www.visajourn...tent/i130guide1

Good Luck

Edited May 2, 2012 by Sirdaniel42

[steviem 0]

Yes it is possible but the burden is on you to prove that you did not come to the United States with the intend to marrie, that would be illegall.

Else you need to applie for the CR-1 Visa for a Foreign Spouse, http://www.visajourney.com/content/i130guide1

Good Luck

Thank you.

How does one prove such a thing?

[Sirdaniel42 86]

Thank you.

How does one prove such a thing?

Do some research but it will be a hard thing to do, we went the K-1 route

Edited May 2, 2012 by Sirdaniel42

[ceadsearc 515]

Intent alone is not used to deny. Were you questioned on your intentions when arriving?

[VanessaTony 3,567]

Thank you.

How does one prove such a thing?

You don't. There is no question of intent at the interview.

[Penguin_ie 5,984]

*** moving from AOS from Family to AOS from Tourist visa forum ****

Did they just let her in when she came or were questions asked at the border? If they just let her in, you will probably be ok as you had no intent. It would be good if she could bring proof of ties to her home country to the interview (letter from boss stating she was expected back, lease to home, bills etc)

[steviem 0]

I was brought off to the side room while going through Passport Control because I had been truthful and said "I'm visiting my fiance."

They questioned me as to what my intentions were and I said that I intend to visit, I WILL be returning at the end of my visa and I showed knowledge of the K-1 visa which at least showed that I had been researching the process and also showed that I knew about the 90 day limit of the VWP which the officer had forgotten about during his questioning (He commented, "That's good, that's good" when I mentioned it.)

Thi in all honesty was never a planned thing, but right now, I don't know if I can handle leaving, but at the same time, the thought of it all going wrong is terrifying.

[jdh 103]

Thank you.

How does one prove such a thing?

You don't.

Don't worry about it - I would do what penguin suggested and have some ties from home to show just in case it is asked...

Intent is forvgiven for he spouse of a US citizen and as such never or at least rarely is brought up at the interview.

The burden is actually on CBP to inspect you at the border and find out your intent. If they inspected you and believed your intent was to immigrate, they would likely not have allowed you to enter. If you cleared CBP than you are fine. Now if you lied to them at the border and they proved you were lying, that would be an issue. One of he reasons it is forgiven and not an issue is because Intent is very sticky to prove.

You may tell the CBP that you are not planning to immigrate and two months later change your mind. Did you lie to the officer? No.

Anyways...i am sure you will be fine.

Edited May 2, 2012 by jdh

[steviem 0]

OK thank you all for your help. It has been invaluable. We're going to try this route.

[Little_My 463]

Erm.. isn't there a possible risk of material misrepresentation here..? If he was pulled to secondary and asked specifically about his intentions, and he specifically said he was not intending to marry and AOS while here, and this is all in written record.. I see a possible issue here..

[jdh 103]

He changed his mind...Issue resolved.

Edited May 2, 2012 by jdh

[Hypnos 6,576]

Circumstances change. That's one of the reasons that the whole AoS process exists in the first place.

Things that were true on day X may be different on day X + 20.

[VanessaTony 3,567]

OK thank you all for your help. It has been invaluable. We're going to try this route.

I agree with Little_My. They have on record that you weren't going to stay and marry and AOS and I would worry this will come back to bite you. I personally would NOT risk it. Either get married and return to file a CR-1, or return and file the K1. As you entered on the VWP you have no chance at appeal.

He changed his mind...Issue resolved.

He was specifically warned against it. I wouldn't risk it. Denial and deportation is a big risk to take :S If he wasn't questioned it wouldn't be ask big a risk.

[Mike Z 8]

i cant add to previous posts regarding intent, very valid concerns brought up given secondary screening you received.

two notes to consider if you do decide to file:

1.) you shall NOT leave the country until you receive Advance Parole.

Given experience of people being processed currently, 2 months from date of application receipt.

You will need a lot of documentation to prove a bona fide marriage, some of the documents may be in your home country.

so might take a while until you are able to file.

--> do you have obligations outside the US within the next ~3 months?

2.) does your spouse fulfil poverty limit requirements? if not, do you have someone that could sponsor you instead?

/EDIT also, for future reference, you came here under the VWP - Visa Waiver Program (presumably?)

ESTA is a security program. It is linked to the VWP but there is no such thing as an ESTA Visa.

Edited May 3, 2012 by Mike Z