HELP!!!! Married on a visa waiver program!

[william_wallace 8]

I just wanted to that I hadn't even FILED for divorce when my current husband arrived in may. A couple weeks after he arrived, I filled out the papers and submitted them and because the divorce was amicable with no children, it was finalized way quicker than I was expecting. It was only when I found out my divorce was final that we just decided to get married quickly because we didn't want to part. He had been back and forth about 4-5jtimes previously, visiting for weeks/months at a time.

Know one is saying your going to get denied, just be ready for obstacles that may come ahead. Applying for a petition is not a guarantee your going to get approved, whether your husband is staying in the US or the UK. Just be ready as there is red flags. Just because Benjamin was approved, doesn't mean your will. Every case is different. Again I will say, anyone who arrives on the VWP then attempts to adjust status raises a red flag itself.

Can I ask if your husband had a job, house, bank accounts still open in the UK before he flew over? I presume he had a job as he was able to afford to see you 4-5 times. If he packed in his job before he came over that itself is a major issue, It shows immigrant intent.

[VanessaTony 3,567]

I just wanted to that I hadn't even FILED for divorce when my current husband arrived in may. A couple weeks after he arrived, I filled out the papers and submitted them and because the divorce was amicable with no children, it was finalized way quicker than I was expecting. It was only when I found out my divorce was final that we just decided to get married quickly because we didn't want to part. He had been back and forth about 4-5 times previously, visiting for weeks/months at a time.

You are more than welcome to try... but you have to look at it WITHOUT all the personal info that you have. YOU know that there wasn't intent and that you didn't expect the divorce to go through so quick.. but the truth of the matter is that he arrived, you filed for divorced, he cancelled his return flight and you got married. This looks completely pre-planned. That you say it wasn't doesn't really matter... it's what the IO thinks and unfortunately with the amount of fraud out there it doesn't exactly make them think "benefit of the doubt".

If you want to risk it that's fine but given he's from a VWP country where he is totally able to visit you, the CR-1 is the "safest" option. The divorce is the biggest red-flag in my opinion. You're risking a lifetime ban at the worst... is it really worth that?

[missicy 87]

Everyone needs to stop making these people worry. I came over on a VWP and married within two months. The fact you were accepted on the VWP means they trust you enough anyways.

Yes, they "trust" you enough to believe that you have no immigration intent, that you're gonna leave when your 90 days are up and that you're not gonna try and adjust status once they let you in.

[BenjaminUKtoUSA 7]

Like others have said, my story may be different but in other ways we are similar. The fact I had canceled my return flight home was never brought up. The fact I had never met my wife before now was never brought up. That we had only been together two months before marrying was also never brought up.

The only thing I see as being curious is the divorce papers being signed so (late / early) then two weeks later you re-marry. Let's face it, these types of situations do happen. Sometimes the other person in the marriage refuses to sign the papers. Sometimes financial or other complications come into play. Please explain to us why the quick marriage after the divorce papers were signed for? Did your previous spouse refuse to sign or were there other reasons?

[trishaappraisals 0]

Well we were separated for a while, as I had said, and we kind of avoided the entire divorce process because there was no immediate need for it and we just hadn't filed. It cost money an we owned a house, etc. In May, I finally decided (since we had been separated for

Months) to legally file for divorce. It wasn't fair for me or him remain married, I had already moved on. I wanted him to begin a new life .My boyfriend had arrived back, I decided it was OBVIOUSLY time, long overdue. My ex never faught me, it was amicable. I wasn't planning on getting remarried, I had no idea how long the divorce process would take. I was shocked that it only took around 5-6 weeks. My boyfriend and I decided to marry. After I found out my divorce was finalized, (my husband has been here since may 17) we just planned it and got hitched.

[Marina-Del 10]

Here is a BIG difference in my opinion between your and Ben's case. Ben had NEVER met his wife before entering the US. While in some ways you might think this means his case was more questionable, it really makes his case a lot more clear cut than yours.

If Ben had never met his wife, then he couldn't possibly entered the US with the intent on marrying her. He might have entered with the intent on marrying SOMEONE, but definitely not her, because he had never met her. (Although I don't know if they had had contact via internet/phone beforehand, which could make his case more similar to yours I suppose).

The fact that your husband had been entering the US for the past several months to visit you and then on his last visit he enters, your divorce goes through at the same time, and you guys get married, looks REALLY suspicious! Just be prepared and consider how this is going to look to to IO

[BenjaminUKtoUSA 7]

I guess that depending on which state you're from might affect your interview process. Probably good idea to speak to an attorney to get some FREE advice first. You could also visit the local uscis office and discuss it with one of the I.Os behind the desk.

The fact you married only two weeks after your divorce papers, will most likely be brought up in the interview. The best thing you can do is stand your ground and prove as much as you can.

@marina_del I have known my wife for years. We talked a lot on the Internet, roughly a year before my visit, is when we got closer.

@missicy Actually the io said the trust was there that people coming over on VWP, from places like the UK and Australia, are less likely to commit visa fraud due to the fact were already coming from a similar country. Silly I know...

The reason I'm trying to make them worry less about the case is because, before I became a member of this site and made my first post, I was terrified about the replies I would have gotten back about my case.

Some people on this forum use scare tactics too much on here. I would literally have sleepless nights due to the mixed reviews on this site and some other cases I found on google. So when I read cases which are about VWP users, I try to make them see that the road ahead isn't all doom and gloom. That there is a chance they can happily live together forever. They just have to show that the sanctity of marriage is real to both of them.

I honestly can't express how stressed and upset I was when readIng VWP cases, it almost made me and my wife leave the country, for fears ICE would pick us up. Lol...

[A + M 29]

Your wrong, that is only if he came over on a K1. He came over on the VWP which is totally different. There can be so many complications for people marrying then attempting to adjusting status. As they married within 2 weeks of him arriving, he may get a lot of questions thrown at him.

First of all he can't AOS until the I-130 is approved.

You're wrong! I NEVER, EVER heard couples having issues when adjusting status from the VWP. In fact, many times, even USCIS, the American consulates, immigration lawyers advice couples to take "the VWP or B2 route".

Everyone needs to stop making these people worry. I came over on a VWP and married within two months. The fact you were accepted on the VWP means they trust you enough anyways. Also I came from the uk also. My interviewing officer simply asked how we met. That's it. She also said that because im from the uk, it makes it a lot easier to believe, since I didn't come from some third world country originally. The best thing you can do is file for the aos and send everything together. It was also the first time me and my wife met.

Please don't let all of these people who post , " this is really bad you may get checked get checked for fraud" etc... Worry you. Just go with it all. Get your license and send it all off as soon as possible.

Good luck!!!

Edited August 8, 2011 by A + M

[Harpa Timsah 13,258]

You're wrong! I NEVER, EVER heard couples having issues when adjusting status from the VWP. In fact, many times, even USCIS, the American consulates, immigration lawyers advice couples to take "the VWP or B2 route".

Actually very recently a lot of couples were having a hard time adjusting off the VWP. Some districts were flat-out denying and others were putting on indefinite hold if the person had overstayed their 90 days. That issue seems to be resolved now (meaning not happening), but just because you haven't heard of it doesn't mean it doesn't (or didn't) exist. You can find posts of such poor people here on VJ, and you can read this.

http://www.nytimes.com/2010/05/15/nyregion/15visa.html

Edited August 8, 2011 by Harpa Timsah

[Aloe 10]

I think all in all what people are trying to say is that from an outsiders point of view the timing of it all seems a little too coincidental. I don't believe people are truly trying to scare you but it is better to know what the worst possible outcome could be in your situation. There is definitely a lot of risk in what you are trying to do, however, there is a lot of risk in ANYTHING to do with immigration. All it takes is one grumpy IO who woke up on the wrong side of the bed to decide he doesn't like you and all of a sudden you are faced with insane accusations even though you know the truth and what you did was not by any means illegal.

The advice you get on ANY web site should not be taken to heart people will always have opinions and will express them in whichever way they feel suitable. What you need to take away from this is the best AND worst case scenarios you are being presented with, choose how much risk you are willing to take and go from there. Whatever you do make sure that you have evidence of EVERY claim you make, like it is always said it is NOT on the USCIS to prove you are fraudulent, it is up to YOU to prove you are not.

Include everything you can to back up your story including anything your Husband is tied to back in the U.K. which would make it evident that he did have intentions of returning home. Chances are your application will be fine but it's not guaranteed so don't be surprised if you do run into some trouble especially if you have nothing more than a return plane ticket to show he had no intent of immigrating. If it is denied the worst that could happen is you move to the U.K. right?

It's gonna be a bumpy ride so hang in there!

[william_wallace 8]

You're wrong! I NEVER, EVER heard couples having issues when adjusting status from the VWP. In fact, many times, even USCIS, the American consulates, immigration lawyers advice couples to take "the VWP or B2 route".

It's nice to see people giving the thumbs up and approval to adjust status for coming on the VWP or a B2 visa

Why don't you just tell everyone to go that route while your at it. Jump the queue, save money, you won't get denied. What was I thinking before? I knew I shouldn't have taken the K1 route

What a load of pi$h.

[Jojo92122 1,924]

You're wrong! I NEVER, EVER heard couples having issues when adjusting status from the VWP. In fact, many times, even USCIS, the American consulates, immigration lawyers advice couples to take "the VWP or B2 route".

Yeah. Why bother with a K-1 visa? It's totally okay to commit visa fraud by entering the US with the intent to immigrate on the VWP and visitor visas.

[A + M 29]

Actually very recently a lot of couples were having a hard time adjusting off the VWP. Some districts were flat-out denying and others were putting on indefinite hold if the person had overstayed their 90 days. That issue seems to be resolved now (meaning not happening), but just because you haven't heard of it doesn't mean it doesn't (or didn't) exist. You can find posts of such poor people here on VJ, and you can read this.

http://www.nytimes.com/2010/05/15/nyregion/15visa.html

Again, I never, ever heard of such issues. I know and read about couples who did it. They're all GC holders today.

I'll read the article you posted. Thank you for sharing.

It's nice to see people giving the thumbs up and approval to adjust status for coming on the VWP or a B2 visa

Why don't you just tell everyone to go that route while your at it. Jump the queue, save money, you won't get denied. What was I thinking before? I knew I shouldn't have taken the K1 route

What a load of pi$h.

No need. Many times, the government does.

I chose K1 route, you chose K1 route BUT let people choose their own route AND don't give away wrong informations.

Edited August 9, 2011 by A + M

[A + M 29]

Yeah. Why bother with a K-1 visa? It's totally okay to commit visa fraud by entering the US with the intent to immigrate on the VWP and visitor visas.

I was asked the above question by many immigration lawyers and not only.

[A + M 29]

Yeah. Why bother with a K-1 visa? It's totally okay to commit visa fraud by entering the US with the intent to immigrate on the VWP and visitor visas.

No, it's not okay to commit visa fraud BUT let people choose their own route. Every action has a reaction.

Edited August 9, 2011 by A + M