AOS from VWP, no overstay

[Salazar 0]

First off, I apologise if there is a past thread that has answered the following question, but I can't find it, given how awkward it is to specify all the variables involved, as well as the seemingly fluid rules and interpretations.

There are many threads regarding the possibility of AOS from VWP after an overstay, or if you go and marry unexpectedly while there, but not anything that I can find which clearly addresses couples that are already married when the foreign spouse enters the country on the VWP.

What are the issues regarding this, I am aware of the 'intent to immigrate' problems, but what reasons would be accepted as a change of intent? Perhaps a job offer?

Are there any other issues with it? How likely is such an applicant to be approved? Assuming the applicant has no other bars to entry i.e. no criminal record, no health issues, suitable financial sponsor, no previous bars to entry, easily provable bona fide marriage.... etc.

Is the likelihood of acceptance worth the financial risk of getting rejected?

[Boiler 45,664]

Do you have a job offer?

[Salazar 0]

Do you have a job offer?

There was a tentative offer by my wife's boss that he would employ me once I had a visa. I'm fairly confident he would take me on.

Do you think a written offer of employment would be enough to demonstrate a change of intent?

[Harpa Timsah 13,258]

It doesn't matter if the couple is already married or not. If you didn't enter with the intent to immigrate, then there is no issue. You might get asked about it at your interview, and you tell the truth. If the truth exists, it's very simple.

[Mike Z 8]

Is the likelihood of acceptance worth the financial risk of getting rejected?

Although the financial component is a pain if rejected,(ie fees spent) I dont think the financial risk is main problem.

If rejected, its the issues you have to deal with during re-entry that may be a larger concern.

The application will take several months until you get a result (ie your greencard).

You are technically speaking not overstaying your visa as, once you are applying for AOS, you are basically waiting.

BUT - if they do reject it (the chance of this happening is a different question) how would you explain the VWP overstay during your next entry to the US?

others, please correct me.

[Harpa Timsah 13,258]

If the OP decides to apply for AOS, they will enter a new period of authorized stay while the AOS is pending. They will show immigrant intent and will not be using the VWP or anything else in the near future, so your question would never come up. There would be no "next entry" without the GC.

[Boiler 45,664]

You could not use the VWP again.

[Salazar 0]

If the OP decides to apply for AOS, they will enter a new period of authorized stay while the AOS is pending. They will show immigrant intent and will not be using the VWP or anything else in the near future, so your question would never come up. There would be no "next entry" without the GC.

By the underlined, do you mean I would face a ban if I was rejected?

[Harpa Timsah 13,258]

By the underlined, do you mean I would face a ban if I was rejected?

You won't be rejected if you have a real relationship and are not inadmissible in another way - ie are a criminal or lied at the border.

[Salazar 0]

You won't be rejected if you have a real relationship and are not inadmissible in another way - ie are a criminal or lied at the border.

Oh, it's real. I wouldn't be going through the hassle of moving to the US if it wasn't.

Thanks for the advice.

[Mike Z 8]

If the OP decides to apply for AOS, they will enter a new period of authorized stay while the AOS is pending. They will show immigrant intent and will not be using the VWP or anything else in the near future, so your question would never come up. There would be no "next entry" without the GC.

of course, as i stated, the re-entry concern was "if rejected".

the OP stated he was worried about financial implications if rejected. I just pointed out that this is not the part he should be worried out, but instead the re-entry implications if rejected. no more VWP.

There should be no risk of rejection if he came legally and without intent to adjust.

[jdh 103]

Your question was about intent, right? Like timsah said, from what I have gleaned you cannot be denied on intent alone.

I am actually in the same basic situation. My wife and I had been married for 5 years when we came over.

I guess the issue comes down to what your statement of purpose for entry was at the border and why you changed it once you got here,

I have heard a few folks on here say, though, that it is unlikely to be a question because you have a legitimate family relationship and no other adverse circumstances - ie criminal record.

We were considering moving at some point when we came over to visit my wife's family but even after we decided to give it a shot when we got here I had every intention of coming back to Canada and applying from there if I had to. But we talked to a USCIS agent on the phone and she let us know we could do it from within the states.

[Salazar 0]

Your question was about intent, right? Like timsah said, from what I have gleaned you cannot be denied on intent alone.

I am actually in the same basic situation. My wife and I had been married for 5 years when we came over.

Yes, it was. I've also seen that mentioned, but with the ever changing situation I figured it was best to check to see if that was still the case.

Well, I won't be starting the process, so do let the forum know how you get on, and I shall keep an eye out for your posts. Good luck.