VWP & marriage?

[Sanai 0]

Hello, am happy to find this wonderful site of information. I have been reading everything I can get my hands on.

I met my boyfriend a few years ago, we made visits back and forth between each others countries for the first couple of years, about 1 or 2 a year. We haven't seen each other for a year, and scheduled me to visit this past September, with plans to site see, and take me to Disney World in Florida, visit friends and his family.

I entered America on Visa Waiver from Australia, on September 6, 2008. I am due to return to my country the first week of December. My boyfriend shocked me and proposed to me about a week ago asking me to marry him. We are set to wed on November 7th, 2008 by his local minister at his church for a small wedding. We are scrambling to put a small ceremony and dinner after together, nothing too big. I have read that I may be able to stay with my soon to be husband since when I came to visit neither of us had any intent to marry. Is this true? I understand we have to file adjustment and am trying to work on the forms and gather documents now.

which leads me to a few concerns I have. I read on this site that we shouldn't marry less than 60 days from the time I entered the country? Is this true. Will 62 days matter which is what it will be if we wed on the date we plan to wed?

Also I read that we need to file for adjustment of status before my 90 days on visa waiver is up? Is this true? What happens if we are a few weeks late applying for adjustment of status from the 90 day deadline of when I am suppose to return? We may need a few weeks past my 90 days time limit to gather documents and have enough funds for the filing fee.

thank you

Sanai

[cdn_in_wa 1]

Hello, am happy to find this wonderful site of information. I have been reading everything I can get my hands on.

I met my boyfriend a few years ago, we made visits back and forth between each others countries for the first couple of years, about 1 or 2 a year. We haven't seen each other for a year, and scheduled me to visit this past September, with plans to site see, and take me to Disney World in Florida, visit friends and his family.

I entered America on Visa Waiver from Australia, on September 6, 2008. I am due to return to my country the first week of December. My boyfriend shocked me and proposed to me about a week ago asking me to marry him. We are set to wed on November 7th, 2008 by his local minister at his church for a small wedding. We are scrambling to put a small ceremony and dinner after together, nothing too big. I have read that I may be able to stay with my soon to be husband since when I came to visit neither of us had any intent to marry. Is this true? I understand we have to file adjustment and am trying to work on the forms and gather documents now.

which leads me to a few concerns I have. I read on this site that we shouldn't marry less than 60 days from the time I entered the country? Is this true. Will 62 days matter which is what it will be if we wed on the date we plan to wed?

Also I read that we need to file for adjustment of status before my 90 days on visa waiver is up? Is this true? What happens if we are a few weeks late applying for adjustment of status from the 90 day deadline of when I am suppose to return? We may need a few weeks past my 90 days time limit to gather documents and have enough funds for the filing fee.

thank you

Sanai

As far as when you get married, you are fine.

However, you should absolutely file before your I-94 expires. Otherwise you incur an overstay. Generally, and historically, overstays have been forgiven when adjusting status as a spouse of a USC. This can change at any time and there have been instances where this timing is critical.

Do everything in your power to get your forms to USCIS before your VWP stay expires.

Your alternative is to return to your home country and file K3 or CR1.

Good luck!

[Jon&Lindsey 0]

Welcome to VJ and congrats on your engagement!

Although many people do it without problems, adjusting from VWP is not without risk, both in terms of proving intention and any overstay. Although it may not even come up at interview (didn't for me and many others on this forum), you should prepare evidence of ties to your home country and that you intended to return. This is important as entry on VWP + intent to stay and adjust = visa fraud, so although you may never be asked about it, I think it is good advice to be prepared for the possibility of having to defend your intentions. This is where the 60 day thing you heard about comes in - if someone enters on VWP and gets married early in their stay, it seems less plausible that they did not have the intention when they entered; whereas if someone marries just before their VWP expires, it is more plausible to an outside observer that it was a last-minute decision. I think the timing of your wedding should be fine, it's not like you are doing it as soon as you arrived.

I agree with cdn in wa that you should absolutely try to file asap, preferably before you VWP expires. We left it 5 months, as we were saving up the money, but there is no guarantee that this will not cause problems. With adjusting this way, you waive any right to appeal a negative decision, so if you can, it's better to not do anything that can add to the risk.

[Paul's Mrs. 0]

We did almost the same exact thing. We got married while hubby was on a VW. We called the Australian consulate here in Denver and they said that the liklihood of them approving us was slim. Hubby had to go home. He left in July and we are still waiting. I don't want to ruin your hopes but you should be prepared for the fact that you may have to return home. We thought that it was going to be easy to adjust but since the intent of the VW is very clearly stated, it is hard to prove your intentions. It really sucks. You don't want to overstay that waiver or it could cause some real problems. Hubby overstayed by two days and so far everything has gone smooth but I say stick to going home and then coming back on a K1 or K3 or CR1. Best of luck in whatever you decide to do.

[TayRivers 4]

We did almost the same exact thing. We got married while hubby was on a VW. We called the Australian consulate here in Denver and they said that the liklihood of them approving us was slim. Hubby had to go home. He left in July and we are still waiting. I don't want to ruin your hopes but you should be prepared for the fact that you may have to return home. We thought that it was going to be easy to adjust but since the intent of the VW is very clearly stated, it is hard to prove your intentions. It really sucks. You don't want to overstay that waiver or it could cause some real problems. Hubby overstayed by two days and so far everything has gone smooth but I say stick to going home and then coming back on a K1 or K3 or CR1. Best of luck in whatever you decide to do.

Why would you ask the Australian Consulate about immigration in the US? They gave you wrong info, my friend. If you entered the USA on a VWP or Tourist Visa and DID NOT have intent to remain at the time of entry and now wish to Adjust your Status based on a marriage to a USC then you are allowed to do so. You may well be asked for proof that you did not have intent at entry and you can use return ticket, letter from employer stating that you were expected to return on a given date, mortgage/rent agreement, Bank accounts, College course, letters from family stating your were expected to return. All this evidence can be taken to your AOS interview

Most people who adjust status from a VWP/Tourist Visa are never asked anything about intent at there interview and are approved for their greencard. There are risks, the biggest one being that on a VWP you give up your right to appeal a denial and would have to return to your country and start again with a spousal Visa.

I would recommend a chat with a immigration lawyer to make sure you have no issues that will cause you problems later down the road. Remember there are 1000's who adjust from a VWP/Tourist visa every year and have no issues at all.

Edited October 30, 2008 by TayRivers

[payxibka 10,044]

Hello, am happy to find this wonderful site of information. I have been reading everything I can get my hands on.

I met my boyfriend a few years ago, we made visits back and forth between each others countries for the first couple of years, about 1 or 2 a year. We haven't seen each other for a year, and scheduled me to visit this past September, with plans to site see, and take me to Disney World in Florida, visit friends and his family.

I entered America on Visa Waiver from Australia, on September 6, 2008. I am due to return to my country the first week of December. My boyfriend shocked me and proposed to me about a week ago asking me to marry him. We are set to wed on November 7th, 2008 by his local minister at his church for a small wedding. We are scrambling to put a small ceremony and dinner after together, nothing too big. I have read that I may be able to stay with my soon to be husband since when I came to visit neither of us had any intent to marry. Is this true? I understand we have to file adjustment and am trying to work on the forms and gather documents now.

which leads me to a few concerns I have. I read on this site that we shouldn't marry less than 60 days from the time I entered the country? Is this true. Will 62 days matter which is what it will be if we wed on the date we plan to wed?

Also I read that we need to file for adjustment of status before my 90 days on visa waiver is up? Is this true? What happens if we are a few weeks late applying for adjustment of status from the 90 day deadline of when I am suppose to return? We may need a few weeks past my 90 days time limit to gather documents and have enough funds for the filing fee.

thank you

Sanai

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

[unforgettable fire 2]

We did almost the same exact thing. We got married while hubby was on a VW. We called the Australian consulate here in Denver and they said that the liklihood of them approving us was slim. Hubby had to go home. He left in July and we are still waiting. I don't want to ruin your hopes but you should be prepared for the fact that you may have to return home. We thought that it was going to be easy to adjust but since the intent of the VW is very clearly stated, it is hard to prove your intentions. It really sucks. You don't want to overstay that waiver or it could cause some real problems. Hubby overstayed by two days and so far everything has gone smooth but I say stick to going home and then coming back on a K1 or K3 or CR1. Best of luck in whatever you decide to do.

How sad! You guys could've adjusted from the US. That is what I did. Inever had any intention of immigrating at the port of entry, I just came on vacation and later on my then boybfriend (now husband) proposed to me....

I'm afraid to tell you the Australian consulate gave you wrong advice. It is perfecly legal to adjust from VWP if there is no immigration intent at the POE... I wish you guys a speedy immigration journey. Good luck!

[cdn_in_wa 1]

Hello, am happy to find this wonderful site of information. I have been reading everything I can get my hands on.

I met my boyfriend a few years ago, we made visits back and forth between each others countries for the first couple of years, about 1 or 2 a year. We haven't seen each other for a year, and scheduled me to visit this past September, with plans to site see, and take me to Disney World in Florida, visit friends and his family.

I entered America on Visa Waiver from Australia, on September 6, 2008. I am due to return to my country the first week of December. My boyfriend shocked me and proposed to me about a week ago asking me to marry him. We are set to wed on November 7th, 2008 by his local minister at his church for a small wedding. We are scrambling to put a small ceremony and dinner after together, nothing too big. I have read that I may be able to stay with my soon to be husband since when I came to visit neither of us had any intent to marry. Is this true? I understand we have to file adjustment and am trying to work on the forms and gather documents now.

which leads me to a few concerns I have. I read on this site that we shouldn't marry less than 60 days from the time I entered the country? Is this true. Will 62 days matter which is what it will be if we wed on the date we plan to wed?

Also I read that we need to file for adjustment of status before my 90 days on visa waiver is up? Is this true? What happens if we are a few weeks late applying for adjustment of status from the 90 day deadline of when I am suppose to return? We may need a few weeks past my 90 days time limit to gather documents and have enough funds for the filing fee.

thank you

Sanai

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

If you read any other immigration forums, you might discover that, earlier this year, at least one person filing from VWP seems to have been deported and banned for 10 years after marrying within the 90 days and not filing until shortly after the 90 days were up.

Food for thought. Might be an isolated case, might be the beginning of a new unwritten rule.

Edited November 1, 2008 by cdn_in_wa

[Sanai 0]

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

If you read any other immigration forums, you might discover that, earlier this year, at least one person filing from VWP seems to have been deported and banned for 10 years after marrying within the 90 days and not filing until shortly after the 90 days were up.

Food for thought. Might be an isolated case, might be the beginning of a new unwritten rule.

Can you provide links to the case you are referring to please I would like to see what happened based on what your referring to. Thank you

[TayRivers 4]

Hello, am happy to find this wonderful site of information. I have been reading everything I can get my hands on.

I met my boyfriend a few years ago, we made visits back and forth between each others countries for the first couple of years, about 1 or 2 a year. We haven't seen each other for a year, and scheduled me to visit this past September, with plans to site see, and take me to Disney World in Florida, visit friends and his family.

I entered America on Visa Waiver from Australia, on September 6, 2008. I am due to return to my country the first week of December. My boyfriend shocked me and proposed to me about a week ago asking me to marry him. We are set to wed on November 7th, 2008 by his local minister at his church for a small wedding. We are scrambling to put a small ceremony and dinner after together, nothing too big. I have read that I may be able to stay with my soon to be husband since when I came to visit neither of us had any intent to marry. Is this true? I understand we have to file adjustment and am trying to work on the forms and gather documents now.

which leads me to a few concerns I have. I read on this site that we shouldn't marry less than 60 days from the time I entered the country? Is this true. Will 62 days matter which is what it will be if we wed on the date we plan to wed?

Also I read that we need to file for adjustment of status before my 90 days on visa waiver is up? Is this true? What happens if we are a few weeks late applying for adjustment of status from the 90 day deadline of when I am suppose to return? We may need a few weeks past my 90 days time limit to gather documents and have enough funds for the filing fee.

thank you

Sanai

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

If you read any other immigration forums, you might discover that, earlier this year, at least one person filing from VWP seems to have been deported and banned for 10 years after marrying within the 90 days and not filing until shortly after the 90 days were up.

Food for thought. Might be an isolated case, might be the beginning of a new unwritten rule.

There is no such USCIS regs that say you will be denied if married within 90 days of arrival or for not filling for AOS before the 90 days are up.

Please provide links to the post where this person was denied for this reason.

[cdn_in_wa 1]

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

If you read any other immigration forums, you might discover that, earlier this year, at least one person filing from VWP seems to have been deported and banned for 10 years after marrying within the 90 days and not filing until shortly after the 90 days were up.

Food for thought. Might be an isolated case, might be the beginning of a new unwritten rule.

Can you provide links to the case you are referring to please I would like to see what happened based on what your referring to. Thank you

Last time I looked at it was months ago, so I don't want to try and find it. There was very little specific information on the thread. The marriage occurred within the 90 days, the lawyer said not to worry about the 90 days, so they filed after the 90 days was up. At the AOS interview they took the applicant into custody and subsequently deported her back to the UK. She claimed that there was no other reason for her denial/removal. The 10 year ban was apparently due to the overstay (which occurred due to the 'late' filing for AOS).

Might be something we don't know. Might be some offices are trying to crack down on VWP AOS. Might be they all will. Might be it won't happen again. I just posted it to warn of the possible downside of VWP AOS, in particular of filing AFTER the I-94 expires.

Hello, am happy to find this wonderful site of information. I have been reading everything I can get my hands on.

I met my boyfriend a few years ago, we made visits back and forth between each others countries for the first couple of years, about 1 or 2 a year. We haven't seen each other for a year, and scheduled me to visit this past September, with plans to site see, and take me to Disney World in Florida, visit friends and his family.

I entered America on Visa Waiver from Australia, on September 6, 2008. I am due to return to my country the first week of December. My boyfriend shocked me and proposed to me about a week ago asking me to marry him. We are set to wed on November 7th, 2008 by his local minister at his church for a small wedding. We are scrambling to put a small ceremony and dinner after together, nothing too big. I have read that I may be able to stay with my soon to be husband since when I came to visit neither of us had any intent to marry. Is this true? I understand we have to file adjustment and am trying to work on the forms and gather documents now.

which leads me to a few concerns I have. I read on this site that we shouldn't marry less than 60 days from the time I entered the country? Is this true. Will 62 days matter which is what it will be if we wed on the date we plan to wed?

Also I read that we need to file for adjustment of status before my 90 days on visa waiver is up? Is this true? What happens if we are a few weeks late applying for adjustment of status from the 90 day deadline of when I am suppose to return? We may need a few weeks past my 90 days time limit to gather documents and have enough funds for the filing fee.

thank you

Sanai

1) There is no 60 day rule.... do not rely on it to establish your non-intent to marry

2) Do NOT call the Australian Consulate for advice

3) There is no hard and fast rule about a 90 day AOS application... sooner is always better than later though

If you read any other immigration forums, you might discover that, earlier this year, at least one person filing from VWP seems to have been deported and banned for 10 years after marrying within the 90 days and not filing until shortly after the 90 days were up.

Food for thought. Might be an isolated case, might be the beginning of a new unwritten rule.

There is no such USCIS regs that say you will be denied if married within 90 days of arrival or for not filling for AOS before the 90 days are up.

Please provide links to the post where this person was denied for this reason.

This is not a K1 case.

You incur an overstay when filing after 90 days on VWP. Historically it has been forgiven. In the case I cited it was not.

[TayRivers 4]

Last time I looked at it was months ago, so I don't want to try and find it. There was very little specific information on the thread. The marriage occurred within the 90 days, the lawyer said not to worry about the 90 days, so they filed after the 90 days was up. At the AOS interview they took the applicant into custody and subsequently deported her back to the UK. She claimed that there was no other reason for her denial/removal. The 10 year ban was apparently due to the overstay (which occurred due to the 'late' filing for AOS).

Might be something we don't know. Might be some offices are trying to crack down on VWP AOS. Might be they all will. Might be it won't happen again. I just posted it to warn of the possible downside of VWP AOS, in particular of filing AFTER the I-94 expires.

First USCIS can not take you into custody at the interview and second they can not deport anyone, the case would have to have been denied at the interview and then Removal proceedings would have been started and only after it had gone before an immigration judge and he ordered the deportation would they have been detained and then removed. Thirdly to incure a 10 year ban they would have had to accrued more than 365 days of illegal presence in the US.

So I think you will find this post you are quoting is missing some very important information. It is not a good idea to base your advice on posts that can not be backed up with case history and law.

I for one know from experience that you can be approved for AOS if you marry within the 60 days (remember the VWP is only valid for 90 days) and they is no time limit on when you can file for AOS some people have waited years to file and have been approved for AOS.

It is dangerous to imply that people will get detained at the interview and deported. USCIS does not have the power to do that. Only an immigration Judge can order a deportation.

[cdn_in_wa 1]

First USCIS can not take you into custody at the interview and second they can not deport anyone, the case would have to have been denied at the interview and then Removal proceedings would have been started and only after it had gone before an immigration judge and he ordered the deportation would they have been detained and then removed. Thirdly to incure a 10 year ban they would have had to accrued more than 365 days of illegal presence in the US.

So I think you will find this post you are quoting is missing some very important information. It is not a good idea to base your advice on posts that can not be backed up with case history and law.

I for one know from experience that you can be approved for AOS if you marry within the 60 days (remember the VWP is only valid for 90 days) and they is no time limit on when you can file for AOS some people have waited years to file and have been approved for AOS.

It is dangerous to imply that people will get detained at the interview and deported. USCIS does not have the power to do that. Only an immigration Judge can order a deportation.

I'm only posting what I read. No one on the other forum, including immigration lawyers, made the above assertions.

Try this google search "VWP AOS overstay deported ban Reno". It's an interesting read, and enough to make a person think twice about doing anything other than filing within the 90 days. Which is all I was suggesting!

[Jon&Lindsey 0]

Sure, many many people are approved to AOS from VWP without problems (myself included). However, I think it is more dangerous to tell people that they will be totally fine and that it is a risk-free procedure, than to warn that they could *possibly* encounter problems. I don't know what case the other poster was thinking of, but Momeni vs Chertoff is a well known one, where AOS was only filed for after VWP expired and Momeni was removed (Google it or some details here: http://www.philadelphiaimmigrationlawyerbl...california.html - this lawyer concluded that it *may* set a new precedent that those filing *after* their VWP expires are not eligible to adjust).

Adjusting from VWP is *not* the same as doing it from a K1 as VWP specifically implies non-immigration intent, and IMHO time is much more crucial in VWP cases. Surely it is better to tell someone thinking of doing it about the possible risks, so they can make an informed decision?

[ellieandwill2 0]

Sure, many many people are approved to AOS from VWP without problems (myself included). However, I think it is more dangerous to tell people that they will be totally fine and that it is a risk-free procedure, than to warn that they could *possibly* encounter problems. I don't know what case the other poster was thinking of, but Momeni vs Chertoff is a well known one, where AOS was only filed for after VWP expired and Momeni was removed (Google it or some details here: http://www.philadelphiaimmigrationlawyerbl...california.html - this lawyer concluded that it *may* set a new precedent that those filing *after* their VWP expires are not eligible to adjust).

Adjusting from VWP is *not* the same as doing it from a K1 as VWP specifically implies non-immigration intent, and IMHO time is much more crucial in VWP cases. Surely it is better to tell someone thinking of doing it about the possible risks, so they can make an informed decision?

##so what happens if u were to marry on a vwp after they lost your petition for a K1 would the K1 petition be rejected out of their system after a few months?