Can we adjust status?

[YuAndDan 153]

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.

Again asking about it before doing it, is contemplating visa fraud, there is a proper visa type for this it is called a K-1, VWP is for visiting only, it has no immigrant intent. If VWP was intended to do this then there would be no point in having a K-1 as an option.

[Boiler 43,433]

Again asking about it before doing it, is contemplating visa fraud, there is a proper visa type for this it is called a K-1, VWP is for visiting only, it has no immigrant intent. If VWP was intended to do this then there would be no point in having a K-1 as an option.

As has been pointed above, many have no option to 'visit'.

I did the K1, I was in the minority, even now the VWP express seems a more popular option.

[Myopia 93]

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.

Are you serious? I have an american friend in the UK who was telling me about her American friend who was also in the UK who had overstayed for 5 years. Trust me there are many Americans who overstayed in the UK for the same reasons (I imagine) as Britons who overstayed in the USA

Read at your leisure

Overstayer 1

She had an easier time after abusing her stay in the UK for 2.5 years and having an "anchor" baby to boot! What was her punishment? Nothing. No ban. No waiver. Nada.

Oh Now theres a kinda ban... one year if you leave on your own dime.

And according to this article there are 30,000 US overstayers at that date(2008)The UK is just smaller than the state of Oregon.

Edited February 6, 2011 by Myopia

[JimVaPhuong 4,863]

As long as we've gotten side tracked...

Reciprocity is one of the requirements for a country to be included in the Visa Waiver Program. There are also some non-discretionary requirements, such as law enforcement data sharing and other security requirements, machine readable passports, etc. There's also a requirement that the non-immigrant visa refusal rate must be less than 10%. Prior to 2006, the visa refusal rate had to be less than 3%. Refused VWP applications (through ESTA) are included in that number. The law requires that VWP countries be re-evaluated every two years by DHS. As a result of this periodic re-evaluation, Argentina and Uruguay have been removed from the VWP list.

One of the factors that affects the non-immigrant visa refusal rate for a country is the number of people from that country who overstay their visas. If a substantial percentage of VWP visitors from a particular country overstayed then it could indirectly result in the refusal rate for that country going up. Ultimately, it's possible this could lead to the country being removed from the VWP list. Something to consider when you think that overstaying a non-immigrant entry pass doesn't hurt anybody else.

[Myopia 93]

As long as we've gotten side tracked...

Reciprocity is one of the requirements for a country to be included in the Visa Waiver Program. There are also some non-discretionary requirements, such as law enforcement data sharing and other security requirements, machine readable passports, etc. There's also a requirement that the non-immigrant visa refusal rate must be less than 10%. Prior to 2006, the visa refusal rate had to be less than 3%. Refused VWP applications (through ESTA) are included in that number. The law requires that VWP countries be re-evaluated every two years by DHS. As a result of this periodic re-evaluation, Argentina and Uruguay have been removed from the VWP list.

One of the factors that affects the non-immigrant visa refusal rate for a country is the number of people from that country who overstay their visas. If a substantial percentage of VWP visitors from a particular country overstayed then it could indirectly result in the refusal rate for that country going up. Ultimately, it's possible this could lead to the country being removed from the VWP list. Something to consider when you think that overstaying a non-immigrant entry pass doesn't hurt anybody else.

Hehe. Now THAT is interesting.

[VanessaTony 3,567]

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.

Have a read here: http://www.visajourney.com/forums/topic/294207-so-confused-how-did-you-choose-between-a-cr1-and-and-k1/

As you aren't together physically at the moment, and as you want to be together ASAP then pick the K1. If money is the issue then the CR-1 is not your option (first you need to fly there to marry then come back to file). If you need to work because he can't support you while waiting for you to get a work permit (2-4 months) then the Cr-1 is the route for you but it is the most expensive option for you in your current situation, and will mean waiting longer to be together sooner.

K1 you could get started tomorrow if you wanted. CR-1 needs you to get back together physically to marry.

The thread I mentioned should help you.

Good luck!

p.s. By now you know the VWP isn't the way to go.. WAY too risky and not worth it.