Married while in US on ESTA - AOS?

[SOflaherty 40]

That's true on paper, but in reality, many USCIS offices will process AOS for VWP spouses.

Neetz is both confused and correct. You cannot adjust status from a VWP to something else on it's own. Cannot be done. HOWEVER, you CAN adjust status as the spouse of a US citizen if you get married while here on a VWP. Big difference.

[jdh 103]

Big difference, for sure.

He is absolutely within his rights to do so. Many of us on this forum are doing this process, have done this process and will continue to do this process with no issues.

The spouse of a US citizen is allowed to adjust fom a visa waiver program/visitor status.

Overstay is overlooked for the spouse of a US citizen.

Intent is overlooked for the spouse of a US citizen.

These directives are all a part of the adjucators field guide.

If you don't know, its probably best not to add to the confusion.

If you know and choose to argue it out of some sort of envy or distaste that others choose a different rout - well, that's just not nice.

Edited May 3, 2012 by jdh

[Little_My 463]

I don't think people here are trying to derail the OP because of "envy" - not on the AOS from tourist, work and student visa forum at least. Most people just believe that before making big decisions like this, it's good to know all the benefits and risks of every possible option. Yes, AOS from VWP is a viable option, many do it, and most couples come out of it just fine with a GC in hand. However, I don't think it is irrelevant for the OP that one cannot file a motion to reopen a denied AOS from VWP case, or contest the decision, unlike other AOS cases. I also don't think it is irrelevant for the OP to know that though AOS from VWP is common, and is allowed, some field offices may still frown upon it.

I also don't think it is correct to claim that intent is "overlooked" - Intent to immigrate on a non-immigrant visa is never overlooked, but whether or not it can be proved is a whole other matter. In most cases, the issue of intent never comes up, because the burden of proof is on USCIS and because intent alone cannot be used as a reason to deny. It's also different than material misrepresentation, which might have been the situation with OP - it seems that it wasn't, but it could very well have been since he was pulled to secondary and asked questions about his plans. It's not irrelevant to bring that up, and make sure he didn't set himself up for failure. I personally would want to know all these thigns before deciding which route to take.

I think most people agree with you in that adjusting from VWP is often a perfectly legal and viable route to take, and that people do sometimes suddenly change their minds (though not as often as they claim.. but, again, burden of proof is on USCIS) - I just think you're making it seem a bit too eezy-peezy and straight-forward than it is in reality. People DO get denied, with no right to appeal - and it is relevant for the OP to know the risks.

Edited May 3, 2012 by Little_My

[Stu4Lee 66]

You gotta have some balls to do it, I didn't, hence I'm still waiting here.

Good luck

[BirdyGirl85 23]

Personally, I would not risk it... Even if the chance to be denied is small, it would still be too big of a risk for me and my husband... If I were you, I would go the CR-1 route, even if you have to be apart for a while. Don't you have loose ends to take care of at home anyways? I kind of feel those months apart waiting for the CR-1 can be used to take care of loose ends at home, such as quitting your job, selling your place, your car (if you have one), packing your things you want to move with you to the U.S., spending time with friends and family before you move, saying your good byes, etc. My husband did those things while we were apart for the K-1 visa before he moved here. If I was in that situation I would feel I need the time to take care of those things as well before I moved out of the country.

[Rebecca Jo 1,962]

OP should consult with a qualified immigration attorney before he proceeds.

It's. That. Simple.

[Rebecca Jo 1,962]

I should add that I was not asked if I intended to marry while I was here.

I was asked if I had work lined up over here, which was their primary concern in secondary. They thought I had a position lined up to work here.

Did they really?

Those funny little buggers at Customs and Border Patrol - they make notes of what people tell them.

[steviem 0]

This is all very helpful.

I am from Northern Ireland, with an Irish passport. (Those born in N.I. can claim both British and Irish nationality.)

Edited May 3, 2012 by steviem

[K&E2009 71]

This is all very helpful.

I am from Northern Ireland, with an Irish passport. (Those born in N.I. can claim both British and Irish nationality.)

Good choice on the Passport!

[steviem 0]

Good choice on the Passport!

Honestly, it was just quicker. I had originally applied for a UK passport and it was taking months. Applied for the Irish passport and had it within 2 weeks.

[AF-Wife 181]

OP should consult with a qualified immigration attorney before he proceeds.

It's. That. Simple.

you don't need an attorney, if your case isn't complicated. and from what I read, it isn't. I adjusted from VWP within 2.5 months without an attorney and I am glad I stayed here instead of going back. if you research all the papers you need, you will understand the whole progress. like I said before, MANY people did it and will still do.

Edited May 3, 2012 by AF-Wife

[Rebecca Jo 1,962]

Honestly, it was just quicker. I had originally applied for a UK passport and it was taking months. Applied for the Irish passport and had it within 2 weeks.

My husband once held an Irish passport as well. He was coming to the US on a J program and the people who ran it advised everyone to get Irish passports (rather than British) because terrorists on planes always shoot Americans and English, and let the other people go.

When he got his last passport (a red British passport) it only took a couple of weeks. I can't imagine it taking months. Ever.

you don't need an attorney, if your case isn't complicated. and from what I read, it isn't. I adjusted from VWP within 2.5 months without an attorney and I am glad I stayed here instead of going back. if you research all the papers you need, you will understand the whole progress. like I said before, MANY people did it and will still do.

That's really not fair for you to say. You don't know the details of his entry and you don't know any of the other details of his case.

Every case is different.

[Rebecca Jo 1,962]

What do you mean he was warned against it? He was inspected at the border...CBP did their job and now it is done. Now it is to USCIS - a different organization - to assess whether he is eligable to immigrate via AOS based on the validity of his marriage and lack of criminal background.

He has the right to change his mind and adjust within the country. He is doing exactly what AOS is meant to allow.

What was asked in secondary is irrelevant. He was responding to questions asked with what was to the best of his knowledge the truth...that changed and now he is AOSing which he is completely eligible to do.

Material representation would only come into play with something that could be proven as a lie at the time - ie, "Do you have a criminal record?". "Are you transporting an illegal substance?"

They don't have mind readers to dissect his brain and determine that he was lying at the time - thus making intent irrelevant and not considered in the AOS process.

Misrep is a handy little charge to slap on top of something else in the file the AO doesn't like.

Your experience is very reassuring. But it was your experience. OP's experience may be very different from yours.

I am not one of the people in this community who gets my panties bunched about adjusting from the Visa Waiver (just so you know). And I realize there is case law which advises AO's to approve the case even if intent is obvious. What the case law also says, however, is intent is not enough to deny IF ALL OTHER ASPECTS OF THE CASE ARE SATISFACTORY.

OP was quizzed at the border about his immigrant intent. He tells us they thought he might try to stay and work. Based upon OP's other entries to the US, and other factors we can't know about his case, an AO might question the legitimacy of his relationship. It MIGHT look that the OP was trying to move to the US by hook or by crook (by work or by marriage).

OP needs a frank discourse with a qualified family immigration attorney. He might be OK - he might not.

Because every case is different.

[AF-Wife 181]

My husband once held an Irish passport as well. He was coming to the US on a J program and the people who ran it advised everyone to get Irish passports (rather than British) because terrorists on planes always shoot Americans and English, and let the other people go.

When he got his last passport (a red British passport) it only took a couple of weeks. I can't imagine it taking months. Ever.

That's really not fair for you to say. You don't know the details of his entry and you don't know any of the other details of his case.

Every case is different.

what? what are you talking about? I refered to the details he gave us before. he entered legally, border protection cleared him & there was no misrepresentation. (like he explained it to us) I also know other people who successfully adjusted their status without any problem from VWP.

Edited May 4, 2012 by AF-Wife

[Rebecca Jo 1,962]

what? what are you talking about? I refered to the details he gave us before. he entered legally, border protection cleared him & there was no misrepresentation. (like he explained it to us) I also know other people who successfully adjusted their status without any problem from VWP.

I think I explained myself in a post to jdh, right beneath where I spoke to you.

I do not believe it is ever wise to tell another member they don't need an attorney consult. Because we don't know the details of their case.