Can we adjust status?

[zips 0]

Can my fiance from England come here on VWP, us get married, and he stay here and adjust status? Or do we have to go through the whole K1 process? It just seems like there has got to be away to do this without spending months and months apart.

[YuAndDan 153]

VWP is for VISITING ONLY, it is NOT for IMMIGRATING. PERIOD....

With VWP, the visitor signs any rights to appeal any decision by USCIS, and USCIS has been getting quite strict about this and have been denying, and deporting people adjusting status.

Even your asking this before doing indicates INTENT to MISUSE a Visitors visa, which is visa fraud.

DO THE RIGHT THING, DO a K-1 or better yet, marry, and then file an I-130 for the superior CR-1 spousal visa.

Compare:

K-1 (FEES ~$1800)

K-1 cannot take a job until getting EAD or Green-card, this can take MONTHS after arrival

K-1 cannot get a DL until they have EAD or Green-card, can use foreign DL in most states though.

K-1 becomes land locked and cannot travel out of the USA until having green-card or AP doc, which can take MONTHS to get.

CR-1 (FEES ~$900)

CR-1 gets green-card the moment they arrive in the USA so can take a job imediatly

CR-1 gets green-card so can apply for a DL

CR-1 gets green-card so can immediately travel, conceivable the next day, passport is stamped I-551 which allows work and travel

Edited February 4, 2011 by YuAndDan

[kutakendra 3]

We were told by a lawyer that you CANNOT adjust status on the VWP, as it is not a VISA. My fiancee has gone home, since, been denied at the airport, as customs felt he may stay this time-- after following the rules twice before, but he was searched, and an engagement card was found. Now 15 months after the lawyer visit, and 9 months after the denial at the airport, we are in line to do it correctly. Your fiancee will be illegal after the 90 days on the VWP, and that is a risky game to play. No one can travel, and this takes a very long time. Why? I have no earthly idea.

[SisJ 13]

Can my fiance from England come here on VWP, us get married, and he stay here and adjust status? Or do we have to go through the whole K1 process? It just seems like there has got to be away to do this without spending months and months apart.

Not advisable!!! There have been many denials for ppl Adjusting from VWP ex: http://www.visajourney.com/forums/topic/292498-i-485-denied/ ...Do it the right way through K-1. He can come visit you while the case is pending, but don't try to AOS while on VW...Good luck!

[ryna 132]

Can my fiance from England come here on VWP, us get married, and he stay here and adjust status? Or do we have to go through the whole K1 process? It just seems like there has got to be away to do this without spending months and months apart.

There is a way to do this without spending months and months apart. It's called "You visiting him during the K-1 or CR-1 process."

Consider yourselves lucky that he's even been allowed to visit and see the U.S. before making his decision to move here. That's far more than the vast majority of the world is allowed to do.

Do it the right way because the consequences of trying to take the short-cut are severe. And, an AOS denial through a VWP entry can NOT be appealed.

[Myopia 93]

Can my fiance from England come here on VWP, us get married, and he stay here and adjust status? Or do we have to go through the whole K1 process? It just seems like there has got to be away to do this without spending months and months apart.

The Visa Waiver Program is a way to enter the USA without a Visa. Not having the Visa means that adjusting whilst in the US is very difficult. It is true that many have been able to adjust successfully but it has become a game of russian roulette. It's hard to keep up with what USCIS office is allowing the adjustments or denying them. The worst of the whole situation is you can not appeal a denial and would have to leave anyway.

If you are already in the US and overstayed on the Visa Waiver Program (like I did) then you may as well file an application and ,literally, hope for the best but if there is no need then don't do it. Just file for your fiancée whilst he is in the UK and guarantee when his application is accepted that he can come to the US and not live like a fugitive from the USCIS!

[Myopia 93]

Consider yourselves lucky that he's even been allowed to visit and see the U.S. before making his decision to move here. That's far more than the vast majority of the world is allowed to do.

It has nothing to do with luck. It is reciprocity. An american doesnt need a Visa to go the UK and is able to stay there for up till six months without a Visa.

[ryna 132]

It has nothing to do with luck. It is reciprocity. An american doesnt need a Visa to go the UK and is able to stay there for up till six months without a Visa.

Luck in the sense that the UK has reciprocity in the first place. I don't need a visa to show up in Colombia (unannounced) either but I guarantee you there is no reciprocity in that case.

And, it strengthens my case that she can visit there during the process without the hassle of getting a UK visa.

In any event, it is not a wise decision to take the VWP-AOS route...

Edited February 4, 2011 by ryna

[zips 0]

Thanks everyone . . . I think I just needed to get it brayed into my head that the K1 is the right way to go. I am in the US and he has returned to the UK. Neither of us has ever overstayed one of our visas. Can anyone tell me off the top of their head if the CR1 is faster or slower than the K1?

[YuAndDan 153]

Thanks everyone . . . I think I just needed to get it brayed into my head that the K1 is the right way to go. I am in the US and he has returned to the UK. Neither of us has ever overstayed one of our visas. Can anyone tell me off the top of their head if the CR1 is faster or slower than the K1?

CR-1 is perhaps 1-2 months longer to get due to the added paperwork needed to be done with NVC, but it is much superior than the K-1 as per the Pros/Cons I noted above.

I see so many complain about getting to the USA on a K-1 only to find out they are land-locked and unemployed for 4-6 months after arrival, and have to pay out more to adjust status.

[JimVaPhuong 4,863]

If you are already in the US and overstayed on the Visa Waiver Program (like I did) then you may as well file an application and ,literally, hope for the best but if there is no need then don't do it. Just file for your fiancée whilst he is in the UK and guarantee when his application is accepted that he can come to the US and not live like a fugitive from the USCIS!

I'd take this one step further and say that if you're already entered the US using the VWP, and you've already overstayed by more than six months or a year, then go ahead and roll the dice. You're looking at a ban if you lose, but you're also looking at a ban if you simply leave.

On the other hand, if you've got less than six months of overstay then don't risk it. The only thing you've got to lose by leaving is that you won't be able to use the VWP anymore, but at least you won't need an I-601 waiver to apply for a visa.

[amykathleen2005 441]

I'd take this one step further and say that if you're already entered the US using the VWP, and you've already overstayed by more than six months or a year, then go ahead and roll the dice. You're looking at a ban if you lose, but you're also looking at a ban if you simply leave.

On the other hand, if you've got less than six months of overstay then don't risk it. The only thing you've got to lose by leaving is that you won't be able to use the VWP anymore, but at least you won't need an I-601 waiver to apply for a visa.

They already stated he has gone back to the UK.

[coraliesolms 47]

I personally think the CR1 is the right way to go. The back-end benefits are MUCH better. You can work after its granted, get a drivers license, get a greencard and it seems to have a higher approval rate than K-1's do, as it shows a more permanent relationship than just being engaged does. It does take a couple of months longer, but it is well worth it in the end, and the over-all costs are less than a K-1.

Good luck with whatever decision you make though!

[Harsh_77 716]

It has nothing to do with luck. It is reciprocity. An american doesnt need a Visa to go the UK and is able to stay there for up till six months without a Visa.

Yea but American are not looking to do the Visa fraud as the OP is looking for.

Just coz you have VWP does not mean you should be abusing the VWP.

[Boiler 43,433]

The issue is with filing after 90 days of the VWP, previously not a problem, now it is.

I have not heard of any issues where those who have filed within the 90 days have had a problem, it may happen.

It is much quicker, if a bit more expensive to go the other way.