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Can we adjust status?

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Filed: Citizen (apr) Country: China
Timeline

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 by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: K-1 Visa Country: United Kingdom
Timeline

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.

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Filed: Lift. Cond. (apr) Country: Ghana
Timeline

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!


AOS From B2 Journey

8/13/10: AOS Package Sent

8/16/10: Package Received at Chicago Lock Box

8/26/10: Checks Cleared and Case Transferred to NBC

8/30/10: NOA Text/ Email and Hard Copy

8/31/10: Case Status Appears On USCIS Site

9/9/10: I-130 I-485 I-765 Touched

10/5/10: Called USCIS abt "No Bio Letter" / Service Request

10/13/10: Hard Copy Service Request

10/20/10: I-765 I-485 Touched

10/21/10: I-765 I-485 Touched Again :-)

10/23/10: Biometric Letter Received For Nov 15 App

11/15/10: Biometric Appointment

11/15/10: EAD Approved..... I-485 & I-765 Touched

11/16/10: Card Production Ordered.....I-485 & I-765 Touched

11/19/10: Card Production text and email received again for I-765. I-765 Touched

11/23/10: EAD Received

11/29/10: Applied for ID and SS card

12/04/10: SS card and AOS Interview Letter received

01/04/11: AOS Interview..APPROVED!!!

01/13/11: Green Card Received

ROC JOURNEY

10/09/12: ROC Filed

10/12/12: Package delivered to VCS

10/17/12: Check cashed, but no NOA1 yet.

10/20/12: NOA1 hardcopy received. Dated 10/15/12

11/09/12: Biometrics Notice

12/04/12: Biometrics Done

01/04/13: 2yr GC expires

04/26/13: RFE :-(

05/22/13: REF Response Mailed

06/06/13: Text and Email update: Card production ordered!!!

06/10/13: USCIS update about card mailed!

06/12/13: CARD RECEIVED!!! dancin5hr.gif

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Filed: Citizen (pnd) Country: Colombia
Timeline

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.


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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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!


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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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.


03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Filed: Citizen (pnd) Country: Colombia
Timeline

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 by ryna

N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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Filed: Country: United Kingdom
Timeline

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?

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Filed: Citizen (apr) Country: China
Timeline

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.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: K-1 Visa Country: Vietnam
Timeline

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.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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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.


England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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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!


Invictus..

Out of the night that covers me,

Black as the Pit from pole to pole,

I thank whatever gods may be

For my unconquerable soul.

In the fell clutch of circumstance

I have not winced nor cried aloud.

Under the bludgeonings of chance

My head is bloody, but unbowed.

Beyond this place of wrath and tears

Looms but the Horror of the shade,

And yet the menace of the years

Finds, and shall find, me unafraid.

It matters not how strait the gate,

How charged with punishments the scroll.

I am the master of my fate:

I am the captain of my soul.

William Ernest Henley

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Filed: IR-1/CR-1 Visa Country: India
Timeline

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.

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Filed: K-1 Visa Country: Wales
Timeline

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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