Adjustment of Status with Visa Waiver

[alain7186 0]

Hello, I was hoping some help on this forum. I'll explain my case.

I am German, and I had my girlfriend living in Miami, she is a US citizen, we've been dating since last year, August 2009, so since then I've been coming several times to the US to visit her.

The last time I came was last month under visa waiver, in July, and she wanted me to marry her, and of course I said yes, obviously that was a little unexpected. We got married 18 days after I arrived to the country, all my stuff is in Germany, now she wants and obviously I also want to do all my paper work done but we have heard a lot of things about immigration but none of us knows anything about it. So, what are we supposed to do? Now people are telling us that we should have waited more than 30 days to get married, but I didn't prepared this on purpose!! and my wife, she didn't know all these things about immigration, you don't think about immigration when you get married. How can that be possible? other have told us to do the paper work after 50 days or more, otherwise the officials will deny the case immediately because I was not suppose to enter in the US with marriage purposes, but I didn't know? on the other hand, I am here married! We really don't know what to do.

I entered under visa waiver program, I got married after 18 days of my entrance to the US, what is the best to do?

I would appreciate if you could help us to figure out what to do!

Thank you,

Mark

[trillium13 84]

If you still have things to tie up in Germany, you could go this route:

http://www.visajourney.com/content/i130guide1

For future reference, some planning ahead is a good thing.

[inloveVEN 46]

Hi

here you can find very interesting post from other VJ's users, that can help you to clarify the scenario.

what you said is true, You are already married and this is your reality so you have to go forward with this no matter it is good or bad.

you have to show real evidences of your good intention marriage and this is something that in all scenarios you have to do.

watch this very interesting post based on the Famous 30-60-90 days rule.

30-60-90

there are a lot of post.

Recently an user wrote that they were denied unfortunately i couldn't;t find it.

My advice is, Build ans logic and well sequenced story, write a letter where you explain the things, and go ahead! you need to build your new live.

If you start an AOS, you cannot leave the conutry till the end of the process, elsewher you can go back close your open issues, like selling your house, while running an CR-1/IR-1 process

Congratulations

Edited August 18, 2010 by inloveVEN

[VanessaTony 3,567]

If you choose to try and AOS from within the US having arrived on the VWP, be aware that if you are denied you have NO chance of appeal. If all goes well of course its great. In the meantime you will be unable to work for around 2 months (sometimes less sometimes more) or leave the US.

Your other choice is to leave, continue to work and earn money and apply for the CR-1 process. It is cheaper than the AOS from VWP and appeals exist. You will be able to work immediately on entry (I believe they put a GC stamp in your passport) and travel as you see fit.

Personally I would leave and do CR-1, but it's up to you.

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Bringing Family Members of US Citizens to America" as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location because you have not decided which path to take**

[canadian_wife 1,791]

I DO NOT want to scare you, but take a look at the post below. The poster was a US citizen with a German spouse. Their AOS was denied because they were married too close after entering the US

http://www.visajourney.com/forums/topic/269400-i-130-approved-i-485-denied/page__p__4125327__fromsearch__1#entry4125327

Only 18 days...honestly, I'd return to Germany, have my spouse file the I-130, tie up my loose ends and not have to worry about a denial because of the timing of your wedding. As the above poster says, if you are denied, you do not have a chance to appeal.

Good luck