Married on a Visa Waiver

[rebeccajo 14]

Consult an qualified immigration attorney for their opinion. Their advice will be far more beneficial to you than what you may read here.

And far less judgmental.

*edited to add* There are certain recent legal precedents that make this issue a less cavalier one. Find an attorney familiar with those.

Edited December 23, 2008 by rebeccajo

[MacPara 0]

I’ve been here for 74 days now and we just got married on Friday. I’m here on the 90 day Visa Waiver but don’t know how to proceed now about my immigrating. I think I need to apply for adjustment of status, is that correct? I am really scared about what to do because this was completely unplanned and our circumstances are really insane given we got to know each other on the internet, then I lived with her for a month without actually having previously met her and 6 months later I came back to stay for 3 months (90 days); I am really overwhelmed. Oh, and she is a US citizen. I’ve been reading on here and it seems some people suggest to leave the country and then apply for a K-Visa but I really don’t want to leave my wife and her family. I also read that I should submit my adjustment of status before my Visa Waiver expires!? And, how can I prove that I didn’t intend to stay in the US? Will my return ticket suffice? I also have a bank account back home.

Paul,

first of all congratulations on your wedding. I feel with you as I had a similar experience meeting my wife, although I had a bit better cards when it came to USCIS issues.

So, as you might have already figured by the many different responses you got on your question, your situation is not a straight forward nor an easy one. Therefore, I strongly suggest, you forget what you read here and go the safe route by talking to an immigration attorney right away and get legal advice.

One opinion here was that if you get into trouble with USCIS because of a thoughtless statement or anything then the outcome could really mess up your future life with your soul mate in the US. I think that a couple of hundred dollars spent on some legal advice from an attorney would be money well spent.

There's also not much time for you to file in time IF you decide to go the AOS route. You don't have an option of leaving and re-entering on the VWP as this indeed would be clearly visa fraud because of suspected immigration intent.

The I-130 route though will be a lengthy process and you newly weds will have to deal with being separated for quite a while unless she could visit you once in a while in your home country.

However you gonna decide, I wish you guys all the best and good luck with the process!

Torsten.

[PaulTheActor 0]

hey guys,

thank you so much for your replies.

Is it true that if I apply for adjustment of status while my VWP has not run out it gets put on hold?

Let's say they receive my application on day 80 and change my status to pending. This means if they were to deny my GC after the interview my status would go back to VWP and i'd still have 10 days in the country?

What I'm trying to say ask is whether it's considered "overstaying" after they've changed your status to pending on day 80!? It's all in regards of the ban obviously.

Thanks

[Old Dominion 26]

Get started ASAP with the AOS. No, there are no guarantees you will be approved, but the chances are quite good if your story can't be disproven by any other facts or circumstances that the USCIS might uncover.

[Old Dominion 26]

hey guys,

thank you so much for your replies.

Is it true that if I apply for adjustment of status while my VWP has not run out it gets put on hold?

Let's say they receive my application on day 80 and change my status to pending. This means if they were to deny my GC after the interview my status would go back to VWP and i'd still have 10 days in the country?

What I'm trying to say ask is whether it's considered "overstaying" after they've changed your status to pending on day 80!? It's all in regards of the ban obviously.

Thanks

Your VWP visa will expire 90 days after you entered, period. Filing for the AOS, EAD, etc. will ensure that you are legally here until the case is decided. You would not have any time left on your original visa, no matter what.

[Brian and Jenn 0]

I am in somewhat the exact situation you are in except I drove to the USA from FL.

I was given 180 days under the visa waiver program however. Long story short I overstayed and married after the 180 days (like 300 days later actually). We are now in the process of AOS.

Being in the situation you are in I would suggest for you to go back to your native country if you have not overstayed as of now. I know it is hard but trust me the wait will actually SAVE you time and a whole lot of headaches in the near future.

With that said, if you do decide to just go ahead and file for AOS you should be ok. Just know that your EAD and SSN has a VERY high percentage of obtaining AFTER you get your GC. Basically if you are in need of quick work with an EAD this might not be your best option.

They give priority over the people who came here the proper way; re: K1 visa etc.

If you have any specific question I am more then willing to help you out. Feel free to drop me a PM.

-Brian

[SunDrop 59]

Part of your decision-making should factor where 'home' i.e. the country you came from is. As someone entitled to enter on a VWP, then chances are higher that you are coming from a low risk fraud country. This is in your favour, but actually would probably bode better for you to return home and petition on a K3 or CR1 basis.

Your spouse's ability to sponsor you, or have a co-sponsor will also need to be considered.

Ultimately, you need to weigh up the odds and the risks and decide from there. From the sounds of things, the best possible outcome is for you to be able to reside legally in the US with your wife. The summary, which is by no means exhaustive is:

Stay, apply for AOS and get your medical sorted ASAP and start collating as much documentation as you can that shows you intended to return home after 90 days. Reconcile yourself to the fact that you won't be able to work for significant amount of time and know that the risk you run is of being refused the AOS on the grounds of entering on a VWP with the intent of marrying and being banned from entering the US at all. The poster who said you can't be deported is misinforming you. Worse, you could be banned for life from ever ENTERING the US. Worst case scenario, but possible.

File the I130 now, enjoy the last 2 weeks, leave on day 89 and settle any affairs you have back home. If you file as a CR1, it takes a little longer but you hit the ground running as a LPR and don't need to go through the AOS/ EAD/ AP route etc once you get back to the US on a K3 visa, which is the alternative. She will need to visit you, as the risk is very high that you would be refused entry on a VWP but your chances of being refused AOS and therefore LPR status is marginal. You're talking about 9-12 months on average, depending on circumstances.

You don't mention your wife's circumstances, but what about her moving back home with you for the time it takes to get to your visa sorted? Again, without knowing where you're from, she could have right of entry for 6 months on a VWP and you could get her family to forward any of the immigration documentation from the US, as long as you file from the US before you leave. It sounds as though she has a supportive family who might be able to act as your co-sponsor. But giving up secure employment in the US right now is not recommended. Having said that, at least you'd be together for the significant duration of your visa wait.

What everyone is basically saying is that nothing is guaranteed. We all have differing levels of knowledge, experience and expertise but we're not USCIS officials or immigration lawyers. More importantly, we're not THE USCIS official to whom your case is assigned. Each of us is motivated by different attitudes and personalities, and those are going to sway our advice. I personally don't want to run the risk of never being allowed into the US or having to overcome the high hurdles of having to prove a negative (the ABSENCE of intent to marry, for example). We will either marry in the US under a VWP and I'll return to wait out a CR1 or go the K1 route. Being apart truly sucks, we all know the heartache well but you honestly have to look beyond the now towards the forever and stack the odds as heavily in your favour as you can. You're at the mercy of the USCIS but the decision lies with you, your wife and the strength of your evidence.

Good luck!

[SunDrop 59]

LOL, just to add, I always get excited when I see a thread that doesn't have a reply from pushbrk on, and then after posting my reply see that they're reading the thread! Same with YuDan but they've posted already

Often blunt, but more importantly, often accurate and fair. Am now thread watching! lol...

[SunDrop 59]

Actually, forgot to say that if you 'overstay' your I94 because you have filed AOS, you are technically in breach of your VWP conditions but overstays in the case of USC spouses are 99.9% forgiven as long as you file your AOS BEFORE you go out of time. And when you file your AOS get a proof of delivery AND postage. You might find that it gets waylaid and doesn't get logged until after your 90 days, which means you filed late and won't do you any favours.

[gazarama 0]

I am in somewhat the exact situation you are in except I drove to the USA from FL.

I was given 180 days under the visa waiver program however. Long story short I overstayed and married after the 180 days (like 300 days later actually). We are now in the process of AOS.

Being in the situation you are in I would suggest for you to go back to your native country if you have not overstayed as of now. I know it is hard but trust me the wait will actually SAVE you time and a whole lot of headaches in the near future.

With that said, if you do decide to just go ahead and file for AOS you should be ok. Just know that your EAD and SSN has a VERY high percentage of obtaining AFTER you get your GC. Basically if you are in need of quick work with an EAD this might not be your best option.

They give priority over the people who came here the proper way; re: K1 visa etc.

If you have any specific question I am more then willing to help you out. Feel free to drop me a PM.

-Brian

I agree. I should have done it that as well. I married before the VWP expiration and have overstayed by 8 years (don't ask). I'm just now getting the AOS paperwork processed. In hindsight, I should have returned to the UK and then filed the AOS from over there. But we didn't so. I too had bank accounts, a job, committments etc.

From what I understand Immigration wants you to prove that the marriage is bona-fide rather than the intent to marry whilst you were here.

Edited December 23, 2008 by gazarama

[rebeccajo 14]

.... I personally don't want to run the risk of never being allowed into the US or having to overcome the high hurdles of having to prove a negative (the ABSENCE of intent to marry, for example). We will either marry in the US under a VWP and I'll return to wait out a CR1 or go the K1 route.

That is how we felt. But we, like you, already knew that he was going to live here if we married. Someone who TRULY did not know they were intending to permanently move to the US (on the day they last entered the US) has met one of the criteria for legal status adjustment from the VWP.

I sort of get the idea that the OP doesn't know a lot about what he may be getting into. He can learn some from us - his best bet is still to speak with a qualified immigration attorney.

[Goldfee111 3]

From what I understand Immigration wants you to prove that the marriage is bona-fide rather than the intent to marry whilst you were here.

thats what i said already....the USCIS are not the bad boys who wanna make ur life hard....if u be real and honest..and tell them the truth,its not their intention to deport u or ###### at u..there are humans working....and they dont sit there and think uhaaaaaa who is the next i get let deportet...

so if u do ur paperwork correct....iam sure u dont get in trouble...

if u not entry us..and i repeat myself again.....with the intention to get married u did nothing wrong and u have the right to file aos from us.

i hope u have around 2000$on side because thats what it will cost with medical and papers....

but be correct,be honest..and u will see it will work

[PaulTheActor 0]

since i know i didn't intend to stay here and that going via the "going home" route is not actually guaranteeing the approval of my case either, im going to stick around and file for adjustment without leaving.

something else though, if i filed before my 90 VWP days were over and my application was to be denied in the end would i still face a ban to the states or could i just voluntarily leave the country after my status was changed from pending to tourist (or whatever it is) and then eventually come back on holidays?

thanks guys so much!

Edited December 24, 2008 by PaulTheActor

[♥Stiggy♥ 0]

If they wont proof that you had no intent to stay in the US, and you cant give them the amount of proof they want, they can deport you, and ban you. I believe a few peopl ehave said that already. Despite if you have days remaining on your vwp - if they percieve your case as fraud - they can ban.

[angeladams 0]

exactly what i did.

you need to fill out the change of status paperwork and return it fully completed before your visitor visa expires.

all paperwork can be found on uscis.gov and you can call them to find out what exact forms you need to fill in.

GET YOUR PAPERWORK NOW. it costs $1010 to submit

its confusing as hell to do.

once all your stuff is sent off id recomend calling uscis and asking them for your nearest civil surgeons. and get a medical done...this will save time when uscis write to you after you submit the forms and ask you to do one..

they cost around $150 + depending on if youve had all your vaccinations. You will need to contact your dr in your country and ask them to forward your proof of vaccinations to you...this can take a while so do it quickly. explain its for your immigration medical.

you cannot leave the USA until you hae your green card. unless you ask special permission from uscis or you forfeit your green card.

this is a great link should you ned it http://www.h1b.biz/lawyer-attorney-1213338.html

good luck..x