Aos questions

[Venice1012 35]

2 hours ago, Whitty121 said:

Thank you for replying.

 

I've been here 70ish days, as for going back and filing from there, there is no way I'm going to leave my wife to go through pregnancy alone, plus at the current time frame the visa would not be sorted in time and there is no way in hell im missing the birth of my first and most likely only child.

 

i came over purely for a visit, she was still married when I got here and we had no idea when it would be final as they couldn't find her husband. I'd just moved my mother in with me in England and she will now need to find somewhere new to live, I've left my dogs behind, there is more but the rest is very personal.

 

this was never our plan, she wants to move to the uk but she can't due to custody problems with her son, the plan was to keep visiting for this year while she tried to sort that out, then either she would move in with me or I would go through the normal channels I.e k1. But things happen and now we are adjusting as we go.

Bad advice. This is not true. In no way he committed immigration fraud... He entered the country legally with no intention of staying but circumstances chanced.

 

OFF TOPIC: I  don't understand why is it that whenever a person seeking advice about AOS from other visa or VWP than K1 everyone seems eager to blurt out immigration fraud or visa fraud. It's frustrating and not true so people need to stop saying it unless it truly applies....

[Venice1012 35]

8 hours ago, grumpybrit said:

For the record, this is WAAAAAAY easier if you get a K1 Visa... Anyway, from the top!

 

1) Have you been here longer than 90 days?

 

2) What evidence do you have that you did not enter fraudulently on the VWP (return ticket won't cut it, and you are going to need a lot of evidence)

 

3) In part 1 your current USCIS status would be "Entered under VWP"

 

4) In part 2 the answer would be "a" (It assumes I-130 processing)

 

5) Entrance status would be VWP, and yes you were inspected at the airport

 

6) On form I-765 your status would be "VWP adjusting status"

 

As for the I-94 number requirements, leave them blank as you will not have one filing from VWP. 

 

Now, cautionary note, this is not going to be easy! You will probably be accused of Immigration Fraud and you will have to prove otherwise. The burden of proof is on you here, effectively "guilty until you prove you are innocent". If you fail to prove your innocence you will be deported and face an even harder battle to get back to your wife and child. Why not return home and apply for a spouse Visa?

Bad advice. This is not true. In no way he committed immigration fraud... He entered the country legally with no intention of staying but circumstances chanced.

 

OFF TOPIC: I  don't understand why is it that whenever a person seeking advice about AOS from other visa or VWP than K1 everyone seems eager to blurt out immigration fraud or visa fraud. It's frustrating and not true so people need to stop saying it unless it truly applies....

[Whitty121 1]

On 12/01/2017 at 9:35 PM, Brit1 said:

This is terrible advice, and verging on scare tactics. The OP need not return home and apply for a spousal visa, since he is in the US currently, entered legally, and can legally adjust status to that of a permanent resident.

 

@Whitty121 -- often people on this forum who went through the K1 process look down upon those who enter the US on some other type of visa and the adjust. But in reality, things change; you happened to be here as a tourist and then decided to get married. The burden is not on you to prove that you had good intentions, that was already determined when you were inspected by CBP and admitted to the country.

 

I'm not certain the answers to your technical questions. Are you sure that your electronic I-94 does not have a record number? Note you should be looking at the "get most recent I-94" option and not the "look up travel history" option. 

 

When asked for the status you entered on, I would probably put whatever it says under "class of admission" on your I-94.

 

Good luck -- while the process will take a long time, it'll be pretty straightforward, and on the positive side you get to be with your wife in the run up to this special time

Thank you so much, yes I'm very excited to be by her side through all the magic moments. 

 

Yes ive managed to find the record number on the most recent section, thanks for the suggestion.