Adjusting status from VW

[RobynSway2709 0]

I would not recommend leaving the US. The AoS process was established specifically for people in your situation - who arrived on one visa and then decided to get married separately from the original purpose of the visit. It happens all the time, as is obvious from this forum. Other than the time and money involved, the process is not that bad. Don't worry about the overstaying your original visa. It is always best if you file before it expires but not a big problem if you don't. Once you send in the I-485 you are here legally until a decision is made. And if your story is as you told it - you arrived to attend one wedding and the decided to have your own, then you should have no problems. If you leave the country, there is no guarantee that you will be allowed back.

In my situation, my wife entered the country as a tourist, signed up for school and adjusted her status to F-1. Then we were married after she had been here a couple of years and we went through the process of adjusting her status again. She is now a USC. We never had any problems except the usual when working with government agencies (painfully slow, often impersonal and uninterested, and occasionally losing documents). We just lived with it and knew that we would be together for a long time so we could out last the system.

Cheers and congratulations!

Thanks for that. I was just worried about being on the VW and it not being a visa. The waiting is not so much of a proplem for us aslong as we get to be together through it.

Thanks

[trillium13 84]

I would not recommend leaving the US. The AoS process was established specifically for people in your situation - who arrived on one visa and then decided to get married separately from the original purpose of the visit. It happens all the time, as is obvious from this forum. Other than the time and money involved, the process is not that bad. Don't worry about the overstaying your original visa. It is always best if you file before it expires but not a big problem if you don't. Once you send in the I-485 you are here legally until a decision is made. And if your story is as you told it - you arrived to attend one wedding and the decided to have your own, then you should have no problems. If you leave the country, there is no guarantee that you will be allowed back.

In my situation, my wife entered the country as a tourist, signed up for school and adjusted her status to F-1. Then we were married after she had been here a couple of years and we went through the process of adjusting her status again. She is now a USC. We never had any problems except the usual when working with government agencies (painfully slow, often impersonal and uninterested, and occasionally losing documents). We just lived with it and knew that we would be together for a long time so we could out last the system.

Cheers and congratulations!

I think it is important to clarify some things for the OP. The process of adjusting status was not created specifically for this situation, although it is possible. Adjustment of status is not only for those people who marry a US citizen. The OP is not on a visa but a visa waiver. A person on a visa who tries to adjust status has the right to appeal should they be denied-someone on a visa waiver does not.

If it was easy and simple and stress free to AOS from a VWP, then everyone would do it that way. Specific visas exist for a reason, and the CR1 is an option for the OP and should be mentioned.

Will the OP have any problems adjusting? I don't know. I realize that many people adjust this way, and I am one of them. But to suggest that that is the only way, and the best way, and that there will be no problems, is irresponsible. There have been cases mentioned recently that may indicate that overstay could be a problem for some VWP'ers trying to adjust, in certain circuits. I had another VJ'er PM me recently whose lawyer told her that she very well may be denied just for overstaying, because of the circuit in which they live.

I'm not trying to scare the OP or influence her one way or the other. I just think it is important for her to have ALL the facts, including the fact that there is a "safer" way to do this, before she makes a decision.

[RobynSway2709 0]

I think it is important to clarify some things for the OP. The process of adjusting status was not created specifically for this situation, although it is possible. Adjustment of status is not only for those people who marry a US citizen. The OP is not on a visa but a visa waiver. A person on a visa who tries to adjust status has the right to appeal should they be denied-someone on a visa waiver does not.

If it was easy and simple and stress free to AOS from a VWP, then everyone would do it that way. Specific visas exist for a reason, and the CR1 is an option for the OP and should be mentioned.

Will the OP have any problems adjusting? I don't know. I realize that many people adjust this way, and I am one of them. But to suggest that that is the only way, and the best way, and that there will be no problems, is irresponsible. There have been cases mentioned recently that may indicate that overstay could be a problem for some VWP'ers trying to adjust, in certain circuits. I had another VJ'er PM me recently whose lawyer told her that she very well may be denied just for overstaying, because of the circuit in which they live.

I'm not trying to scare the OP or influence her one way or the other. I just think it is important for her to have ALL the facts, including the fact that there is a "safer" way to do this, before she makes a decision.

Thanks for that. what circuits are better? we are in california but my husband may have a job in kansas so we are holdin off a couple of days untill we know. What are those places like??

thank you