Marriage under VWP???

[rebeccajo 14]

Anybody here with a VWP spouse who wants to sit here and tell me you didn't talk about it? Hmm? I won't believe you.......

Seriously - if you didn't intend to immigrate to the US when you last entered, you can adjust to permanent residency. And I don't care what Wikipedia says. Maybe one of us should go in there right now and edit that marvelously credible source of information. But for those of us (VWP or not) who knew our boyfriends/girlfriends were gonna live here in the US with us - well we knuckled under and filed for visas.

And whispered in the night about adjusting from the VWP....................

Actually, Platy and I never did discuss it. REALLY. Mainly because we didn't even know it could be done; plus I had a good job, a 12 year old and a house to sell. I can honestly say it never crossed our minds and I don't have any part of my body crossed either as I type this.

I'll bet you a box of donuts you're one in a million.............

[rebeccajo 14]

Don't forget to mention that if AOS were to be denied for some reason, having entered on VWP, then there's no appeal.

Yup yup. An important fact I forgot to mention. Thanks for following through on my post!

[Usui Takumi 1,562]

Another factor you might think about that may help your decision is think about the long term if things go bad. For instance, if you both are in a position to move to the foreign spouses country then suddenly the fear of denial diminishes somewhat. Worst case you start a life together in the other country. If the spouse is from sudan for instance this is obviously a big worry, but if your from the UK its got to be quite a bit less.

I lived in the UK for about 2.5 years and I could very easily live their the rest of my life if we had gone the VWP route and been denied. We chose the K1 because it was the less worrisome route.

Also i am curious about one thing....people who have been denied in the past have still gotten approval through the K3 with a waiver and an attorney. That might apply in this situation as well.

Edited January 26, 2008 by lancer1655

[Minya's wife 24]

Another factor you might think about that may help your decision is think about the long term if things go bad. For instance, if you both are in a position to move to the foreign spouses country then suddenly the fear of denial diminishes somewhat. Worst case you start a life together in the other country. If the spouse is from sudan for instance this is obviously a big worry, but if your from the UK its got to be quite a bit less.

I lived in the UK for about 2.5 years and I could very easily live their the rest of my life if we had gone the VWP route and been denied. We chose the K1 because it was the less worrisome route.

Also i am curious about one thing....people who have been denied in the past have still gotten approval through the K3 with a waiver and an attorney. That might apply in this situation as well.

Last I checked, Sudan is not part of the VWP, but the rest of what you said makes sense.

-P

[bakofoil 27]

As others have said, plenty have done it this way with no problem at all. Some of us who didn't have the option of having partners visit under VWP are jealous that you can do it this way, but follow the advice of the other posters and you should be fine.

I just love an honest comment like this. You get brownie points in my book for this kerewin (that and $1.29 will get you a cup of coffee - lol).

Here's another honest comment for you. And if anybody who has a loved one from a VWP nation denies what I am about to say, I will call them a fibber. PEOPLE FROM VWP COUNTRIES CONSIDER ADJUSTING FROM THE VWP ALL THE TIME as an alternative to the visa process. I mean, why wouldn't we? The option is there, it's viable, and usually successful. My husband and I talked about it - I admit it. But you know why we didn't? Cause we were CHICKEN - and I mean bawk-bawk-bawk chicken scared.

Anybody here with a VWP spouse who wants to sit here and tell me you didn't talk about it? Hmm? I won't believe you.......

Seriously - if you didn't intend to immigrate to the US when you last entered, you can adjust to permanent residency. And I don't care what Wikipedia says. Maybe one of us should go in there right now and edit that marvelously credible source of information. But for those of us (VWP or not) who knew our boyfriends/girlfriends were gonna live here in the US with us - well we knuckled under and filed for visas.

And whispered in the night about adjusting from the VWP....................

Thank goodness someone has the balls to say it plainly. I am tired of all the comments on VJ against marrying and adjusting from the VWP as if it's something naughty people do and therefore it should never be spoken of again. When experienced members of the community say the ONLY option is a K1 or K3 visa and get all knotted up when anyone suggests otherwise.

We didn't follow the AOS route because we only knew about the K1 visa when we made the decision to spend the rest of our lives together. We were in a rush to file (July!) but I regret not knowing about the AOS route every single day now.

In hindsight, had I known, I think I would have still been worried about the burden of proof. I am a worrier and so K1 is probably the best way for someone like me. But, people do it successfully all the time.

You've had the best advice you can possibly get on this thread already. Think about which route fits you and your SO best - in terms of practical issues, time and stress before you make a decision. Good luck!

[Usui Takumi 1,562]

LOL yeah i was trying to think of the most dangerous country i could think of.

[xaanaa 0]

I do thank everyone... I believe that marrying and adjusting status would be better off for our family yet there are a number of scary possibilites >. I obviously do not want him to be banned and never be in his childs life : ( it is not feasible for me to go to the UK because of my young daughter. I am going to contact an attorney to see what they think.. I think the whole K1/3 is a hard thing for everyone to go through and the process should be so much quicker as its so unfair to keep loved ones and families apart : (

[rebeccajo 14]

You just became your own best counsel!

Speak to an attorney. Make certain they are well versed in immigration law - family based immigration - and not employment based. There are many more employment/immigration attorneys than family/immigration attorneys. The law is very different for the two immigrant categories.

Ask them their credentials. How many family based petitions have they processed? Have they had any denials? If so why? Who will process the papers - the attorney or a staff member? If a staff member, what is that persons credentials.

I'm serious. I would ask all these questions. That big sign out front - attorney at law - they put their pants on the same way you do. Don't be afraid of their education or attitude. They work for you.

[diadromous mermaid 36]

I do thank everyone... I believe that marrying and adjusting status would be better off for our family yet there are a number of scary possibilites >. I obviously do not want him to be banned and never be in his childs life : ( it is not feasible for me to go to the UK because of my young daughter. I am going to contact an attorney to see what they think.. I think the whole K1/3 is a hard thing for everyone to go through and the process should be so much quicker as its so unfair to keep loved ones and families apart : (

Good idea on the consultation, but as a word from the wise, don't mention this when speaking with the attorney -->

I

think the whole K1/3 is a hard thing for everyone to go through and the process should be so much quicker as its so unfair to keep loved ones and families apart

<could be construed as a motive>