Marriage and changing status from a visa waiver entry

[Shellton 0]

Need some advice, I came over to the US on the visa waiver program to see friends and a woman I have met on previous visits. I extended my stay past my return flight to spend more time with the woman and we decided we didn't want to part again and that we wanted to commit our futures together. We have since gotten married and we are trying to sort through all the paperwork of changing status. My visa runs out on 12/12 and I am worried we won't be able to get everything done before my 90 days are up! I have also called an immigration lawyer who is saying that getting married here and then trying to change my status would raise a red flag as it would look like that was the plan before i arrived. Was told by the lawyer the best thing to do would be to leave the US and get my wife to file a spouse visa which I know will take a lot longer. Any advice would be much appreciated!!! 

[Becci391 339]

I agree with the immigration lawyer because the way he told you is what technically everyone should do when they visit the US on ESTA and then spontaneously get married.

So yes, apply for the I-130 and then you are on the save side. Good luck!

[Georgia16 2,858]

I am SO against that it is allowed to adjust from a tourist visa! Hopefully they will end that.

 

That being said you can adjust as you are in the states now. 

 

That you run out of you authorized stay is "ok" try and send in the papers for your AOS as soon as possible that will give you an authorized stay until they have made a decision. You will not be able to work or leave the country and return until you get your EAD/AP card which you apply for along with the AOS package that will take around 4+ months to get them so just be aware that you will not be able o work and in most states you can get a DL either.

 

Follow this guide:  http://www.visajourney.com/content/i130guide2

[Boiler 43,397]

OP used the VWP, not a Tourist Visa.

 

The vast majority of Lawyers would tell you to stay and adjust.

[SusieQQQ 11,584]

Out of interest (asking experienced VJers on this), how does the new 90-day rule tie up with doing AOS from VWP given that by definition you can’t stay long enough under the VWP to override the immigrant intent assumption?

Or is it strictly just for people on visas, or doesn’t apply to marriage AOS, or what?

 

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

 

https://wolfsdorf.com/blog/5-things-know-new-department-state-90-day-rule-regarding-misrepresentation-based-conduct-u-s-adjustment-status-change-status-now-death-trap/

 

Edited November 14, 2017 by SusieQQQ

[Boiler 43,397]

 

Quote

Effective August 1, 2017, the Department of State (DOS) revised its Foreign Affairs Manual (FAM) guidance on how consular officers should make determinations of inadmissibility under INA 212(a)(6)(C). 

 

 

 

OP is considering adjusting.

 

[SusieQQQ 11,584]

1 minute ago, Boiler said:

 

 

 

OP is considering adjusting.

 

The Wolfsdorf article specifically says 

 

The new language suggests that DOS is targeting aliens who enter through the Visa Waiver Program (which authorizes travel for tourism or business for stays of 90 days or less without first obtaining a visa) or on a B-1/B-2 visitor visa and adjust to LPR status.

[Boiler 43,397]

DoS do not adjudicate adjustments.

[Shellton 0]

Thank you for the replies, we are going for a consultation tomorrow to see if we can do anything. I didn't come over to get married.. I did come over to see friends and my partner and stayed past my return flight which was booked to return to the UK. We have been partners for over two years, I have visited 3 times and my partner has also visited the UK 

[Georgia16 2,858]

1 minute ago, Shellton said:

Thank you for the replies, we are going for a consultation tomorrow to see if we can do anything. I didn't come over to get married.. I did come over to see friends and my partner and stayed past my return flight which was booked to return to the UK. We have been partners for over two years, I have visited 3 times and my partner has also visited the UK 

Waste of money you can easily do this without a lawyer. Just follow the link above and read here on VJ.

[SusieQQQ 11,584]

18 minutes ago, Boiler said:

DoS do not adjudicate adjustments.

I’m not trying to be argumentative here, I’m just trying to understand (I went through consular processing) - you’re saying that DoS has no jurisdiction over AOS so its rule is meaningless? 

[Boiler 43,397]

Left hand right hand, not saying that at some point things will not change but there are a lot of such contradictory rules.

[geowrian 22,335]

1 hour ago, SusieQQQ said:

Out of interest (asking experienced VJers on this), how does the new 90-day rule tie up with doing AOS from VWP given that by definition you can’t stay long enough under the VWP to override the immigrant intent assumption?

Or is it strictly just for people on visas, or doesn’t apply to marriage AOS, or what?

 

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

 

https://wolfsdorf.com/blog/5-things-know-new-department-state-90-day-rule-regarding-misrepresentation-based-conduct-u-s-adjustment-status-change-status-now-death-trap/

AOS is adjudicated by USCIS, which is under DHS.

Visas are issued by the embassies/consulates, which are under DOS. The FAM is a DOS publication.

[SusieQQQ 11,584]

1 hour ago, geowrian said:

AOS is adjudicated by USCIS, which is under DHS.

Visas are issued by the embassies/consulates, which are under DOS. The FAM is a DOS publication.

But then it makes no sense for DOS to be publishing rules like this, which are entirely concerned with the AOS process?! 

[Boiler 43,397]

Says they were Consulate concerns?