AOS while here on VWP (UK)

[katiemanny 64]

I didn't realize that AOS on the VWP was allowed... why do they allow this, and why doesn't everyone do it, if it is that easy? The only downside is not being able to work, right?

Is it allowed now rather overstay or not, what the government doesn't realize is they have opened the door for many so called tourist to come here and live permanently without going the proper route. BIG MISTAKE, This country is going to be so overpopulated that I fear that me and my family will have to move to Alaska.

I don't have anything against nobody, but cheating the system should be forbidden.

[xxxwabbiexxx 70]

The other's have said everything I would. Once you file AOS he will be on a kind of probation, he will have to ask to leave the US basically, I believe this system is to discourage and catch out fraudster who just want a green card (feel free to correct me if I'm wrong) And you cant be out the US for a period longer than 6 months and it has to be for a good reason, emergency?? I don't think work would count.

I suggest while he is in America you file a K1 and then while he's in Paris he does his thing and you wait out the process. There is a system in place and if you follow it things go fairly smoothly if you don't you're bound to face hurdles at some point

[Karen2011 0]

I agree. marrying under VWP is fine but adjusting status would be tricky. I am in the same situation and have seeked advice from attorny too. They suggest not to adjust status on VWP.

I think it would be best if you guys can get married in USA and your partner can file I-130 while you in USA and return to UK.

[Sergi9 110]

We had no intent on marrying but he started looking on VJ just to see what kind of options he had... and came across a post like this, saying that it was possible to do. I didn't believe him, which is why I posted myself. He has a return flight and has to work in Paris as soon as he goes back... wouldn't that be enough proof? What would be the downside of just AOS after marrying? Also... I was under the impression that if someone came over on the VWP for 90 days they had to stay out of the country for 90 days before they could come back....

If you had no intent of marrying before he read VJ, then don't for the purpose of AOS, it doesn't fit your life circumstances and if he has to work in France it makes no sense as once AOS is initiated travel is an issue, you can only be out of the country for brief periods or abandon AOS. If you do decide to marry, CR1 in this circumstance is better. Marry and file I130 and then when it gets to the correct time, he interviews and comes back. That way as someone mentioned he can tidy his affairs overseas, and you will not be grilled about the circumstances of your decision making process at the interview.

[Ironman140 45]

I didn't realize that AOS on the VWP was allowed... why do they allow this, and why doesn't everyone do it, if it is that easy? The only downside is not being able to work, right?

I"d like to add the UK is not a high fraud country to my limited knowledge ... So everything should go smoothly if you don't have any red flags .. Read up before taking the high risk ASO route ...

[Myopia 93]

Is it allowed now rather overstay or not, what the government doesn't realize is they have opened the door for many so called tourist to come here and live permanently without going the proper route. BIG MISTAKE, This country is going to be so overpopulated that I fear that me and my family will have to move to Alaska.

I don't have anything against nobody, but cheating the system should be forbidden.

Katie..No need to exaggerate.

Do you know how many Haitians came to the US before the earthquake and overstayed? It was only because of the earthquake that they were able to gain TPS status and do you know how many people I heard complaining about the very same thing that you are complaining about??!

I doubt that this country will ever be overpopulated. That's just ridiculous but I tell you what moving to Alaska may be a good move. I hear that all Alaska residents get some oil money from the state.

[Casprd 167]

I didn't realize that AOS on the VWP was allowed... why do they allow this, and why doesn't everyone do it, if it is that easy? The only downside is not being able to work, right?

Everyone doesn't do it because as others have pointed out, entering on the VWP with the intention to get married is fraud.

Edited April 19, 2011 by Casprd

[Helen Louise Pile 80]

Katie..No need to exaggerate.

Do you know how many Haitians came to the US before the earthquake and overstayed? It was only because of the earthquake that they were able to gain TPS status and do you know how many people I heard complaining about the very same thing that you are complaining about??!

I doubt that this country will ever be overpopulated. That's just ridiculous but I tell you what moving to Alaska may be a good move. I hear that all Alaska residents get some oil money from the state.

My husband is an Alaskan. If you can be happy with a winter that lasts from October to April/May each year (and reaches -50F with very very little sunlight) and love the outdoors then a wee bit of money each year from the Permanent fund dividend will be an added bonus to living in Alaska!

Adjusting Status on the VWP seems like an unnecessary risk to take. I know it probably seems better than starting this whole process and being apart but it might work out much less stress just to do things by the book.

Good luck with everything!

[JoannaV 173]

If you two are ready to get married, then do so. Then complete the I-130 and accompanying forms. You can then look at the I-485 and other forms and see if you want to apply for adjustment of status. But if he has work in Paris and besides probably has other things to tie up back home, you can just send off the I-130 etc to start the CR1 process. Once he has finished with his job in Paris, if he does not have some other work to do, he can come right back to visit you again maybe.

[Barbara J 115]

Hello all,

Sorry if I am writing this in the wrong place-or if this question has already been answered. Here is the situation.

My boyfriend is here visiting me on the VWP from the UK. He has a flight to return back to the UK before his 90 days are up. If we were to get married before the 90 days... can he apply for AOS and stay? If so... what steps do we have to take? Thank you so much in advance!

Bottom line is if you AOS now while he is here on VWP then he can't leave and you just said he has a job in Paris in June. The AOS takes 4-6 months so get married by all means but then he goes home in June and you file CR1 spousal visa and wait it out while he is working and you get things ready here.

Edited April 20, 2011 by Barbara J

[IzBizMommy 0]

Thank you everyone for your replies. If we did decide to go that route... He would not be going back to his job. I was just pointing out, that we had not intended to go this route/ or even knew it existed- as he still is employed in the UK. But we have not made any decisions, it was just a spur of the moment idea. There is a child involved in the picture, which is why we do not like the idea of being seperated.

[JimVaPhuong 4,863]

Is it allowed now rather overstay or not, what the government doesn't realize is they have opened the door for many so called tourist to come here and live permanently without going the proper route. BIG MISTAKE, This country is going to be so overpopulated that I fear that me and my family will have to move to Alaska.

I don't have anything against nobody, but cheating the system should be forbidden.

I agree, from a philosophical standpoint, that it creates an unfair advantage for some people. I think the process should be more or less the same for everyone.

However, I don't agree that there's any risk of the country being overrun by immigrants. If they eliminated the ability for immediate relatives of US citizens to adjust status while visiting the US then the overwhelming majority of those people would still immigrate here - it would just take them a little longer. It has been legal for immediate relatives of US citizens to adjust status while visiting the US for several decades, and we haven't been overrun yet. The number of people who immigrate this way is tiny compared to the number who walk across the border.

The problem is not the people who immigrate here legally, regardless which route they take. The problem is the people who don't.