AOS from VWP

[kiapia 0]

Hello,

My wife (US citizen) and I (German) have been married for 3 years. We were living in Germany the whole 3 years. We quit our jobs in Germany and went to the US 2 months ago. I entered using the VWP. The plan was to take one year traveling the Americas (south and north), but my wife just felt homesick and wanted to settle in the US to spend time with her family.

Can I use the AOS to get the green card or should I go back to Germany to do consular processing ?

We called a lawyer, he said we may have to prove that I did not intend to immigrate in the US. I only have my words to prove it. He said it depends on the officer to accept the AOS. What shall I do ? my wife don't want to go back to germany to wait out for the green card.

thanks,

Mark

[payxibka 10,048]

If she does not want to return to Germany to wait it out then you have but one option to try... just understand the riks

[kiapia 0]

If she does not want to return to Germany to wait it out then you have but one option to try... just understand the riks

what is the risk exactly considering that we are clean, never had trouble with US immigration, and been married over 3 years ?

thanks for sharing any experience.

Mark

[payxibka 10,048]

what is the risk exactly considering that we are clean, never had trouble with US immigration, and been married over 3 years ?

thanks for sharing any experience.

Mark

the risk is the denied AOS.... and what happens to the alien if this occurs....

[Otto 83]

You could follow this Guide - be sure to read and understand the 'Warning' section. It is possible but as Pay said, best to at least be familiar with what you're attempting (also as your attorney pointed out).

[Dakine 26]

If you try to adjust status you stand a chance of being denied and being accused of immigration fraud.

Unless you can find a lawyer who will pretty much guarantee AOS approval I'd go the normal IR-1 route.

From what I've seen most IR-1 petitions that are done proberly are taking a bit less than a year unless you do the DCF which is faster.

[Usui Takumi 1,562]

Hello,

My wife (US citizen) and I (German) have been married for 3 years. We were living in Germany the whole 3 years. We quit our jobs in Germany and went to the US 2 months ago. I entered using the VWP. The plan was to take one year traveling the Americas (south and north), but my wife just felt homesick and wanted to settle in the US to spend time with her family.

Can I use the AOS to get the green card or should I go back to Germany to do consular processing ?

We called a lawyer, he said we may have to prove that I did not intend to immigrate in the US. I only have my words to prove it. He said it depends on the officer to accept the AOS. What shall I do ? my wife don't want to go back to germany to wait out for the green card.

thanks,

Mark

Has your wife given up her status in Germany? If not hold on to it, have her maintain it for the DCF as it will be much quicker.

[Justine+David 218]

There is no appeal if you are denied AOS from VWP...and since you quit your jobs in Germany and cut those ties, it would look very fishy to the consulate officer reviewing your case files that you had no intention of immigrating here since you also have been married to her for 3 years. Did you have plane tickets already bought awhile ago for your trips throughout South American and North America? That could be helpful showing that you weren't trying to immigrate.

USCIS, unfortunately, doesn't really care that you were married for 3 years, because you haven't passed through their scrutiny of a bonafide relationship, FBI name checks, criminal history, biometrics, etc etc. It's not a right for a U.S. citizen's foreign spouse to come here, but rather a privilige.

As a sidenote, what was your guys' plan for getting you to the U.S. before your plans changed and were going to go traveling? I mean, how did you guys plan for you to get your green card after you were done traveling?

Like others have said, if your wife can maintain her Germany residence, DCF can be a very quick way to get a green card. I would have her have a hard look at what everyone is saying here and understanding the risk of you being banned from the U.S. or having immigration fraud attributed to you.

[Deb+Steve 13]

If it were that simple, then literally none of the CR1/IR1 filers on VJ would be voluntarily separated ... my husband and I included! Entering as a spouse under the VWP and filing to adjust - there is no way to prove non-intent to immigrate and would be deemed as visa fraud.

You're luckier than most, you still have the DCF option which is really only a matter of weeks.

[kiapia 0]

If it were that simple, then literally none of the CR1/IR1 filers on VJ would be voluntarily separated ... my husband and I included! Entering as a spouse under the VWP and filing to adjust - there is no way to prove non-intent to immigrate and would be deemed as visa fraud.

You're luckier than most, you still have the DCF option which is really only a matter of weeks.

I'm not sure we can still do DCF, plus it means going back to Germany. We have nothing to prove the intent, no prebooked airplane tickets. At port of entry, we told the truth and had no problem. our plan was to buy a car and drive north then all the way south.

Is there anybody who can share their experience with successful AOS ? I just want to make sure that immigration officers don't see everybody as swindler. honestly I never thought we would want to settle in the US.

thanks,

Mark

[Justine+David 218]

Most people who adjust status get married in the U.S. under whatever visa they're on...not being married and then moving to the U.S....