VWP - change of AOS

[gemmii 0]

Dear all,

I am hoping someone will shed a little light on this for me.

My boyfriend is a LPR and I have decided to go visit him in september. If we get married (please note we have not planned anything and are not planning anything but we are heading to Vegas...) can anyone advise of recent sucess stories of AOS being accepted?

What is the procedure? I have read some stories but they are 6 years old and others that are scare mongering... I'm from the UK.

many thanks!

[Harpa Timsah 13,258]

If he is only an LPR, you will not be able to adjust until your priority date is current. The current processing date for your category is for petitions submitted January 2007.

Furthermore, you cannot stay in the US and wait until your priority date is current because overstay is NOT forgiven for spouses of LPRs and you will be ineligible to adjust status.

Furthermore, you are planning to immigrate on a non-immigrant visa, which is visa fraud. (I consider asking "what would happen" basically the same as planning). No judgement, just facts.

You would have to go home and wait for your priority date to be current. There has been recent retrogression so hopefully soon the dates will progress forward somewhat.

Edited March 21, 2011 by Harpa Timsah

[canadian_wife 1,823]

I agree, you would not be able to stay in the US and wait. You could marry but you would have to return home

Harpa is also right, "what would happen"...isn't that the same as making plans?

Good luck

[Harsh_77 718]

Yep agree with Harpa and CW, you can enter US get married and then return back to UK and wait for the process to be complete.

You cannot file for AOS while you are in the country on VWP – that is considered fraud, second like Harpa mentioned it is not forgiven for LPR spouse.

[Myopia 93]

Yep agree with Harpa and CW, you can enter US get married and then return back to UK and wait for the process to be complete.

You cannot file for AOS while you are in the country on VWP – that is considered fraud, second like Harpa mentioned it is not forgiven for LPR spouse.

Yes you can AOS on the Visa Waiver Program. If you do a search you will see umpteen threads from people who are AOS'ing from a Visa Waiver. You just can not enter the US with the intent to AOS using the Visa Waiver Program.

[canadian_wife 1,823]

Yes you can AOS on the Visa Waiver Program. If you do a search you will see umpteen threads from people who are AOS'ing from a Visa Waiver. You just can not enter the US with the intent to AOS using the Visa Waiver Program.

As Harpa said, only adjust status to a US citizen. The poster is talking about marrying an LPR so they cannot adjust status

Good luck

[Harsh_77 718]

Yes you can AOS on the Visa Waiver Program. If you do a search you will see umpteen threads from people who are AOS'ing from a Visa Waiver. You just can not enter the US with the intent to AOS using the Visa Waiver Program.

Myopia - in those cases the spouse has been the USC, in OP's case his/her spouse is not USC, but LPR.

That makes a big difference.

[Myopia 93]

Myopia - in those cases the spouse has been the USC, in OP's case his/her spouse is not USC, but LPR.

That makes a big difference.

You said that she can't AOS on a Visa Waiver. I just wanted to make sure that others who read the thread who were married to USC knew that there was a difference for them. Thanks for nudge.