Tourist under VWP AOS

[Rie Abe 0]

Is it possible for a spouse of a U.S. citizen who entered the country under the visa waiver program or ESTA  for adjustment of status so he or she doesn't need to go back to the country of origin? 

[mcdull 474]

Is it possible, yes. 

 

Should you do it? Perhaps not. 

[geowrian 22,335]

Only if they entered with intent to return home, can obtain all necessary documents while in the US, and don't return home until AP or a green card is in hand (~4-6 months for AP).

[sunshinelove 52]

It's possible but you'd have to prove it wasn't your intention to come here and get married and live here. If you want no worries or stress about this you technically could go back home and file for the CR1 but that could take over a year and you'd be apart from your spouse. If you came here with the honest intent to visit and there was a spontaneous proposal/marriage then you didn't do anything wrong and can do AOS but I'd be prepared for extra questioning just in case. 

[az2014 381]

Just look at OP's previous topics..the exact same question...why make another one asking the same thing?

 

Can't believe stopping AOS for tourists wasnt the first thing Trump did.. sooner its stopped the better.

[TonyCH 13]

Guys, 

 

Why are we going to full-on detective work as soon as someone mentions AOS while on B1/2 or VWP. Just tell them the facts, yes you can as long as you didn't seek entry with that intent and let's move on. Every thread has the same people going knees deep into if it's a good practice or not. We don't get to decide that, it's legal, it sucks that many of us had to wait outside, but if there's someone that doesn't have to wait, good for them, one less of us to suffer the long wait. 

[sunshinelove 52]

6 minutes ago, TonyCH said:

Guys, 

 

Why are we going to full-on detective work as soon as someone mentions AOS while on B1/2 or VWP. Just tell them the facts, yes you can as long as you didn't seek entry with that intent and let's move on. Every thread has the same people going knees deep into if it's a good practice or not. We don't get to decide that, it's legal, it sucks that many of us had to wait outside, but if there's someone that doesn't have to wait, good for them, one less of us to suffer the long wait. 

 I have absolutely no issue with someone adjusting from a tourist visa. But the reality is USCIS might look at their case with more scrutiny.

[Orangesapples 1,954]

18 hours ago, sunshinelove said:

It's possible but you'd have to prove it wasn't your intention to come here and get married and live here. 

Not true. You don't have to prove anything about your intent. USCIS is not allowed to take intent into consideration when making a decision about AOS. Intent is established at the border, once you're in, it doesn't matter anymore. 

[Ketsuban 1,033]

Intent was analyzed at the border. It's not a factor now unless the VWPer leaves and then comes back to the border with the intent to adjust. Since they're here now, it's not something to be concerned about.

[Unidentified 2,930]

18 hours ago, TonyCH said:

Guys, 

 

Why are we going to full-on detective work as soon as someone mentions AOS while on B1/2 or VWP. Just tell them the facts, yes you can as long as you didn't seek entry with that intent and let's move on. Every thread has the same people going knees deep into if it's a good practice or not. We don't get to decide that, it's legal, it sucks that many of us had to wait outside, but if there's someone that doesn't have to wait, good for them, one less of us to suffer the long wait. 

Yeah I am sure people who are still waiting several years later feels the same, let just bring everyone in so that someone else "doesn't have to wait". 

[Ontarkie 13,902]

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