Adjustment of Status from Visa Waiver Program Marriage Based

[charlienlaura10 0]

Hi Everyone,

This is my first post, so if this is a question that has been asked before or if I am in the wrong category forgive me.

Here is our story: My fiance Charlie from the UK, has come to visit me for a month on the visa waiver program. Well, just before he was due to go back we found out I was pregnant! So needless to say, he's decided to stay his full 90 days of allowance and marry me before that time is up. I don't anticipate this being an issue for the adjustment of status since all evidence would support that this was completely unintentional. Side note, when I say engaged its very unofficial, there is no ring no set plans and dates for a wedding. Anyhoo! So my question is, I don't have insurance and am not making that much money right now and need prenatal care. So I was going to apply for medicaid. Is this going to affect my eligibility as a sponsor? I will of course get a cosponsor to secure the income factor, but will they hold it against me if I, soley, am using government aid for this particular scenario?

[MrStrain14 2]

I don't think that your source of medical insurance would be a factor, and you have to be the primary sponsor in any case. As you are getting a co-sponsor, I think it will be fine.

However, you cannot adjust status from the VWP. It's just not allowed. He will have to go back to the UK after marriage and apply for the CR1 / IR1. taken from the CBP Website:

"Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have previously violated the terms of your admission, you may not enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options."

Start with the guide here: http://www.visajourney.com/content/i130guide1

Have a thorough read, it will tell you what to expect, but I would not suggest overstaying the 90 days as he will not be allowed to adjust status, he will not be allowed to visit you on the VWP again, and it may harm any attempt to obatin an immigrant visa in future.

[sara..... 371]

There are many people that file for marriage visa that came on the waiver. First you have to be able to prove that you did not enter the USA to stay. There is no law against coming to the USA and getting married what can get couples into trouble is if he/she entered the USA knowing they would marry and not leave this is called visa fraud....read the guide lines on this site if you did not come here with the intent to stay and feel comfortable that you can prove it if they decide to investigate it then file using the guide lines on this site

with that being said Congratulation's on your marriage :dance:

sara

[juliava 80]

I read that you can not adjust status from VWP, because there are other types of visas that would allow you to enter US and adjust status based on marriage. But I also read about people coming on VWP and applying successfully/unsuccessfully for AOS. The decision is in your hands, so my advice is if you decide to file- be very careful with your application. in case something goes wrong you will have no right to appeal the decision and you will have to go back to your country.

[Starburst 4]

I don't know much about the VWP but I wanted to said congrats on the pregnancy & engagement

/starburst

[charlienlaura10 0]

I don't know much about the VWP but I wanted to said congrats on the pregnancy & engagement

/starburst

Thank you Starbust! I appreciate that!

As for the rest of you, I appreciate your responses but I feel you have overlooked my actual question. Which basically is asking if I apply for medicaid for prenatal care will this disqualify me as a sponsor? We are very aware of who can apply for adjustment of status and who can't. We are very confident that it will go well. As I have stated in my original post, it was never my fiance's to stay and we have plenty of substantial evidence to support that. I know many people personally who have been successful applying for adjustment of status on a visa waiver program. I think we can all agree, nothing like an unexpected pregnancy to solitify not only the desire to be married spontaneously but supply evidence of a bonafide relationship. So if you can answer my question regarding medicaid I would greatly appreciate it, otherwise please don't respond. Thank You Kindly!

[MrStrain14 2]

I don't think that your source of medical insurance would be a factor, and you have to be the primary sponsor in any case. As you are getting a co-sponsor, I think it will be fine.

I don't know for sure, but from what I can see about sponsorship, using medicaid should not be a factor. Regardless of your income, you have to be Charlie's primary sponsor anyway, and DOS are more concerned that he will not be come a public charge - I don't think they will be concerned that you are using medicaid. As long as he can be supported financially, which you will prove by means of a co-sponsor, I don't see it being a problem.

Only offered an opinion on the VWP from what I know, & to make sure you guys have considered everything. Lots of people have no clue, just trying to help.

And congratulations on the wedding & pregnancy. Forgot that important part on my first post! Good luck to you both.

[Anh map 2,098]

Thank you Starbust! I appreciate that!

As for the rest of you, I appreciate your responses but I feel you have overlooked my actual question. Which basically is asking if I apply for medicaid for prenatal care will this disqualify me as a sponsor? We are very aware of who can apply for adjustment of status and who can't. We are very confident that it will go well. As I have stated in my original post, it was never my fiance's to stay and we have plenty of substantial evidence to support that. I know many people personally who have been successful applying for adjustment of status on a visa waiver program. I think we can all agree, nothing like an unexpected pregnancy to solitify not only the desire to be married spontaneously but supply evidence of a bonafide relationship. So if you can answer my question regarding medicaid I would greatly appreciate it, otherwise please don't respond. Thank You Kindly!

US citizens are eligible for Medicare, Medicare, etc. It does not prohibit you from being a sponsor. As the sponsor you will have to meet the income requirements or obtain a co/joint sponsor. The instruction for the I-864 form can help you determine what steps you will need to take.

FWIW, being pregnant does not prove a bona fide relationship. In this circumstance it would help to explain the decision to marry.

[LT.Nora 7]

If you are planing on getting a co-sponsor or joint-sponsor, you need to meet the income requirement and medicaid is no factor (will not be used against you), because you are not receiving cash from the government.

And of course you are allowed to change your status from VWP to immigrant visa if it is based on marriage. Anybody who says otherwise is wrong.

Good luck!

[Bobby+Umit 161]

If you are planing on getting a co-sponsor or joint-sponsor, you need to meet the income requirement and medicaid is no factor (will not be used against you), because you are not receiving cash from the government.

And of course you are allowed to change your status from VWP to immigrant visa if it is based on marriage. Anybody who says otherwise is wrong.

Good luck!

If you have a co-sponsor, you (the primary sponsor) does not need to meet the income level. The co-sponsor does.

I don't believe anyone is saying you can't AOS from VWP, however, they are simply giving a warning, there are some cases where VWP ended badly for the couple. (mostly because they filed for AOS after the 90 days of entry, and USCIS used that to deny the application, and deport the person, since the VWP offers no appeal in this case).

If you choose to go this route, you had better have all your info lined up correctly, in order to avoid a sticky ending...

[Brother Hesekiel 2,235]

I second what Bobby said. Right on the money.

+1

[charlienlaura10 0]

I second what Bobby said. Right on the money.

+1

Ok I am really confused, I have been reading other posts in this category, one of which in particular is a girl who came here on the VWP from Germany in 2008 overstayed all this time and has recently married just this april of 2010 and pretty much everyone that has responded has said it will most likely be fine?! So why is it I am being warned when my fiance still has 40 days left of his 90 day allowance and yet she has overstayed 2 years and there shouldnt be any issue with her aos? Can someone please shed some light on this for me??

[sara..... 371]

you are being warned because a couple of things can happen........you get an officer that is having a bad day and does not like that you by passed the visa waiting decides to give you a hard time or just out right deny you.......or they decide to start making examples of people that come on the visa waiver and get married and stay....so many things can go wrong no matter how hard you try to make sure you have all you T's and I's dotted that everyone just wants you to be aware that there have been people that have failed going this route and if you are one of the unlucky ones could even be charged with visa fraud they have your best interest at heart when trying to warn you of the ugly side of immigration if something goes wrong

sara

[charlienlaura10 0]

thanks sara,

but I think you are missing the point. From what I am reading on other topics, seems the longer you stay illegally the easier it is?? Can anyone make sense of this to me? If you look you will see the topic I am referring to I think the posters name is Chocolatelover? More power to her, I am by know means "hating". But its very confusing when she is being given alot of reassurance after staying 2 years over on a VWP and is applying for AOS based on marriage and the response I am getting is almost negative? Thats all I am just trying to understand, what is the difference here?

[VanessaTony 3,567]

thanks sara,

but I think you are missing the point. From what I am reading on other topics, seems the longer you stay illegally the easier it is?? Can anyone make sense of this to me? If you look you will see the topic I am referring to I think the posters name is Chocolatelover? More power to her, I am by know means "hating". But its very confusing when she is being given alot of reassurance after staying 2 years over on a VWP and is applying for AOS based on marriage and the response I am getting is almost negative? Thats all I am just trying to understand, what is the difference here?

No this is a recent rule (January of this year) and not everyone is aware of it yet. Whether it WILL get applied also seems to be hit-or-miss. And it only applies to applying for AOS after the VWP I-94 has expired.

Here's my post that has the laws on it just so you have facts: http://www.visajourney.com/forums/topic/257044-seventh-circuit-ruling-re-vwp-and-aos/

Long story short, as you have decided to get married, do it NOW and file AOS (and the I-130) BEFORE his period of stay expires just to be safe. That way you have every chance and he has no "overstay" to worry about. Please also be aware that he cannot work until he gets his EAD or greencard.

My personal opinion (take it or leave it) is that as you have a baby on the way (and the expenses associated with that) you should marry, and he should leave and file CR-1. This means he can go home to work and save money. He can still visit you on the VWP of course, and when he arrives in the US (on his CR-1 visa) he will be issued a greencard immediately (at least the stamp, the physical card might take a while) which means he can also work. I know with an impending "new addition" that would be my choice.. to save as much money as possible and to be SURE, 100% sure that he isn't going to have any trouble.

No-one says he WILL have trouble, but it's not 100% sure, and I love my husband too much to risk even a 1% chance that we would be denied and he would be deported with no chance of appeal.

As for your original question, No, being on medicaid shouldn't affect your ability to sponsor.

Good luck with your decision.

**Edit - I have replied on that thread too: http://www.visajourney.com/forums/topic/255283-overstayed-and-then-got-married/page__view__findpost__p__3950322

I re-read her post and you should know that her ONLY hope right now of staying in the US with her husband is to attempt to AOS. It might not work, but it's her ONLY chance. If they are denied she will be deported and because of the length of overstay face a 10 year ban. I know I'd risk it if I were in her situation. In yours, where you have NO risk of ban right now because there's no overstay I wouldn't risk it.

Edited May 20, 2010 by Vanessa&Tony