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

[nane1104 146]

I think Just Bob has summed it up the best so far.

Comparing your case with any one elses case is just a waste of time, every case is different and even the time, when every one else filed for AOS after VWP matters.

Lately, USCIS has been much stricter with former VWP applicants, so you have to expect them to take a very close look at your situation.

If you decide to proceed with AOS instead of the CR-1, I hope you have very strong evidence that there was no intend to marry at this point. Just saying there was none won't cut it.

Does your husband still have a job, if not, when did he quit it- proof for that. Same for a lease or rental agreement. Bank accounts...any ties he still has to the UK will be helpful, if not essential to have your application approved.

It used to be a somewhat easy process but ever since I have been on this journey, I could see a tendency of people abusing this route to avoid being separated. USCIS is def. trying to crack down on those cases, making it harder on the couples who really got married unplanned.

Even the fact that family and friends were present at your wedding could be held against you.

I am not trying to scare you, I just want you to be aware and not take it lightly...and to consider the other and much safer option you have.

If your husband really didn't intend to get married when he entered the US, wouldn't he have a lot of things to take care of in the UK anyway that would require him to return there for a while?

[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

OMG!

[missicy 87]

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

Honestly, I'm not surprised about what happened to them.

After their wedding, they visited his parents, returned to the United States in August and filed his immigration paperwork in September, which should have stopped the 90-day clock. All seemed to be in order, Ms. van Sander said, because her husband was sent a work authorization, and began teaching at a local Christian college.

Not until their immigration interview on March 9, she said, were they informed that they had omitted a crucial document known as the I-130, her petition as an American citizen on his behalf. Without it, his application to become a permanent resident was not valid, and the clock had been running; officially, he had overstayed by four months.

They got married, visited his parents in UK and returned to the US. There clearly was an immigration intent.

And they didn't file I-130. I don't understand why they and their attorney are so shocked about what happened.

[Harpa Timsah 13,258]

Okay, everyone please note that the article I posted is over a year old. The problems explained there have been fixed - there was a national memo that went out months ago reaffirming that local offices have jurisdiction over AOS from VWP-overstay. That issue described in the article is no longer a problem. Furthermore, please note the problem was NOT about immigrant intent. If you don;t understand why people were shocked, then you should read the article again. It was shocking because it was not normally happened in the past (and it not what happens now)

I posted it in response to the person who said he had never heard of any problem adjusting from VWP. This was a huge and complicated issue resulting in many denials less than a year ago. I see now that linking that article was a can of worms because people are already confused. The issue described in the article has been rectified and as far as we know, it no longer happening.

This is what BentoUk was talking about when he said that people were against him adjusting off of VWP. When he started, I don't think this issue was quite resolved (or very freshly resolved) and people were used to bringing it up. Now, overstay on VWP is no longer an issue by itself.

I will repeat myself. Had this been a "normal" VWP AOS I would be for it and probably argue about the legalities of doing so (as long as there was no intent when entering). But the real issue for me is the 2-week old divorce and remarrying and applying for an immigration benefit right thereafter. That is going to follow them wherever they go, but I would not want to go through that on the shaky foundation of the VWP.

But, that is just an opinion. The OP is free to do as they wish and also to seek legal counsel. The OP hasn't been back so arguing about it is not worth much now.

[missicy 87]

Quote from the article again:

Not until their immigration interview on March 9, she said, were they informed that they had omitted a crucial document known as the I-130, her petition as an American citizen on his behalf. Without it, his application to become a permanent resident was not valid, and the clock had been running; officially, he had overstayed by four months.

Their AOS was denied because they didn't file I-130. So no, I don't understand why they were so shocked that their AOS was denied when they omitted a crucial document.

[Harpa Timsah 13,258]

No. Their AOS was denied because the beneficiary overstayed their VWP, and at the time it was determined that a VWP overstayer did not have recourse to file AOS after their stay expired - they were immediately deportable with no chance to appeal.

Yes, they failed to file the I-130, but that is a separate issue. Normally they would have just sent back the forms and said please file with correct forms. They would have had a chance to reapply with the correct forms. They wouldn't have come to his house to lock him up and throw him in jail. That was the change that everyone was so surprised about. This was a good case for a newspaper article, because had they filed the forms correctly, the husband wouldn't have been put in deport jail. I hope you understand that people don't go straight to deport jail for incorrect forms. The New York Times chose this couple for their story because people would feel sorry for them. But the main point of the article was in the title, "Strict Reading Imperils More Couples." The "Strict Reading" was the law about VWP and overstay - whether an application for AOS constituted a request to stay removal when they waived their rights to an immigration appeal by signing their I-94W. If you want another history lesson, please see this VJ member who was denied for the same reason (they overstayed VWP, NOT any mistake in their paperwork).

http://www.visajourney.com/forums/topic/292498-i-485-denied/

Edited August 9, 2011 by Harpa Timsah

[Boiler 43,436]

I did the K1.

However I was told to do the VWP express, which with the benefit of hindsight I had.

It is a pretty simple process but if you have any doubts a quick consultation with an Immigration Lawyer would be best.

Unfortunately on this site tyou will mainly get comments from people who feel it is not right.

[william_wallace 8]

I did the K1.

However I was told to do the VWP express, which with the benefit of hindsight I had.

It is a pretty simple process but if you have any doubts a quick consultation with an Immigration Lawyer would be best.

Unfortunately on this site tyou will mainly get comments from people who feel it is not right.

I think It's time for the USCIS to update It's visa policies to 'K1 VWP'

[Harsh_77 716]

Personally if I was in your shoes, I would follow the advice Harpa and Bob gave you and follow CR1 process.

Yes you guys would have to stay apart for 6-8 months, but it would be much easier and lot cleaner.

Having a quick divorce and quick marriage and all that coincidentally aligning is a hug red flag.

Decision is yours how to go ppl on here can just advice you from their experience.

[ceadsearc 515]

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.

Many, many people adjust status from VWP or B2, which is perfectly legal to do or it wouldn't even be an option. You chose the K-1 route, presumably, because you had a fiance who lived in another country that you planned to marry. That is not the case for everyone, and given that you are posting in an 'adjusting from other types of visas' forum, it's probably not the case for most people in this forum. Some people come to the United States with plans to visit and circumstances change. That's not illegal, it's not wrong, it's just jumping the queue, and it does not necessarily even save money. You may not like it, but those are just the facts.

[ceadsearc 515]

Personally if I was in your shoes, I would follow the advice Harpa and Bob gave you and follow CR1 process.

Yes you guys would have to stay apart for 6-8 months, but it would be much easier and lot cleaner.

Having a quick divorce and quick marriage and all that coincidentally aligning is a hug red flag.

Decision is yours how to go ppl on here can just advice you from their experience.

I agree. OP, it is completely your decision. However, while you know you weren't planning to get married and weren't expecting your divorce to go through so quickly, an immigration officer does not necessarily know that. My divorce from my first marriage was finalized three months before I got remarried, and I was HEAVILY scrutinized despite the fact that my husband and I had known each other a long time, my ex-husband and I had been legally separated for two years, and the only reason the divorce took so long was because my state has a year-long waiting period for divorce. The IO questioned my motives, my husband's motive, even my daughter's paternity. We were approved, but I cannot imagine how it would have gone had the divorce process been any shorter or started any later.

Many, many people adjust status from VWP or B2, which is perfectly legal to do or it wouldn't even be an option. You chose the K-1 route, presumably, because you had a fiance who lived in another country that you planned to marry. That is not the case for everyone, and given that you are posting in an 'adjusting from other types of visas' forum, it's probably not the case for most people in this forum. Some people come to the United States with plans to visit and circumstances change. That's not illegal, it's not wrong, it's just jumping the queue, and it does not necessarily even save money. You may not like it, but those are just the facts.

That should have read "it's NOT jumping the queue" but apparently I can no longer edit!

[Boiler 43,436]

I did the K1.

However I was told to do the VWP express by an Immigration Lawyer, which with the benefit of hindsight I wish I had.

It is a pretty simple process but if you have any doubts a quick consultation with an Immigration Lawyer would be best.

Unfortunately on this site you will mainly get comments from people who feel it is not right.

Typos corrected

[A + M 29]

Many, many people adjust status from VWP or B2, which is perfectly legal to do or it wouldn't even be an option. You chose the K-1 route, presumably, because you had a fiance who lived in another country that you planned to marry. That is not the case for everyone, and given that you are posting in an 'adjusting from other types of visas' forum, it's probably not the case for most people in this forum. Some people come to the United States with plans to visit and circumstances change. That's not illegal, it's not wrong, it's just jumping the queue, and it does not necessarily even save money. You may not like it, but those are just the facts.

Very true!

[Laura & Kyle 16]

Every IO is different, and you will be asked questions they feel necessary to make a decision on your individual case. Not jumping the gun, but if he was able to visit you 4-5 time while you were still married, that's a bit sketchy. Depending on the IO and their perceptions of this, you may or may not be scrutinized. I was divorced for just over a year when I got remarried, and was asked questions regarding then end of the first marriage and the start of my new relationship.

Also, my husband was flat out asked by the IO if he had a job back in the UK, and my husband was very honest (and made me nervous) and said he quit his job to come over here as they would not give him more than two weeks off and he wanted to spend almost 3 months with me. The IO seemed satisfied by the answer and switched gears. The beneficiary not having a job or quitting a job is not the end all be all, but it all depends on the circumstances.

I'm glad we did the VWP-->AOS process instead of going the CR1 route. It worked out for us although it was a bit stressful and scary at times. Good luck with your decision. Your circumstances are different than ours and bit more questionable in regards to your previous marriage. I know that I felt very defensive in answering questions about my divorce during the interview. Be prepared for that at the very least.

[Blacklotus 0]

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!!!

Hello,

Your story is very promising, I came here on 17th October and we are just about to apply for a marriage license now. We also met online (too much gaming x.x) On your list there are so many papers listed, I thought it would be just filing the AOS after having the marriage papers in hand, have a medical exam, and wait for another paper that would make me legal while awaiting the AOS approval. I`ve read so much about this my eyes are bleeding and still can`t put all the pieces together. I was living in the UK for a few years before I came here, but I`m hungarian, so I have no idea where they will send me back if I have to leave for the time being. As I see there are some experts on this site, some wise words would be very much appreciated

Good luck to the topic starter btw