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Married while in US on ESTA - AOS?

By steviem in Adjustment of Status from Work, Student, & Tourist Visas

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jdh Community Regular

jdh   103

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted (edited)

Canadians can appeal, also. blush.gif Only those on the VWP can't appeal.

Whole sentence...like Canadians who don't enter on VWP that still have no visa. ; :rofl:

Edited by jdh

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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ceadsearc
ceadsearc

I agree on the material misrepresentation possibility. Is it a huge risk? Maybe not. But it may also be on record that you said you wouldn't adjust and knew you were not supposed to, and since you ent

VanessaTony
VanessaTony

He was asked about his intent. he specifically said he intended to leave and they've noted that on his file. He noted his knowledge of the K1 process. I'm sorry but you don't KNOW he'll be okay and

Little_My
Little_My

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 l

ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Whole sentence...like Canadians who don't enter on VWP that still have no visa. ; :rofl:

Sorry, I am tired and obviously confused - I am just trying to make sure that everyone understands that Canadians, even those that crossed the border without applying for a visa beforehand (which is most of the cases) do have the chance to appeal.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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jdh Community Regular

jdh   103

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

Sorry, I am tired and obviously confused - I am just trying to make sure that everyone understands that Canadians, even those that crossed the border without applying for a visa beforehand (which is most of the cases) do have the chance to appeal.

Really? Well I'll be tied upside down from a rubber tree and beat with a pickle! I was definitely under the distinct impression from here that Canadians with no visa were treated like those on the VWP ie no appeal. Something I never looked up and just assumed to be true.

Good to know.

:thumbs:

July 2005 - met my awesome, hot, amazing love in Lousiana.
July 2006 - Married said love and moved to Canada.
June 2011 - Entered US to visit family, decided to stay.
Feb. 2012 - Sent paperwork to Chicago.

May 2012 - Received green card.

Day 0 - Package sent to Chicago Lockbox - 02/27/2012
Day 2 - UPS Tracking Confirmation - 02/29/2012
Day 4 - NOA Emails Received - 03/02/2012
Day 7 - All Checks Cashed - 03/05/2012
Day 11 - Hard Copy NOA's Received - 03/09/2012
Day 11 - Biometrics Appointment Received - 03/09/2012
--------- - Booked for - 04/03/2012 (day 36)
Day 35 - Early Biometricts Walk-in - 04/02/2012
Day 44 - Received Appointment Letter - 04/11/2012
Day 58 - EAD Approval Online - 04/25/2012
Day 63 - EAD in the mail - 04/30/2012
Day 65 - EAD in hand - 05/02/2012
Day 77 - AOS Interview - 05/14/2012
Day 77 - AOS Approved!
Day 84 - Green Card In Hand - 05/21/2012

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Really? Well I'll be tied upside down from a rubber tree and beat with a pickle!

I am so adding that to my favourite sayings!

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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SCC2018 Rookie

SCC2018   1

Posted
Timeline
Posted
On 5/3/2012 at 11:46 AM, jdh said:

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. :bonk:

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. ;)

This this is so confusing while reading all of the replies of this topic. I’m going thru this aos from vwp at the moment. Wish I could find the 100% answer not just arguements. I’m a usc. I married a vwp ( over stayed). We are married and together we have a 3 months old child.

I’m just here to seek help.

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Ontarkie Grand Master

Ontarkie   13,917

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~6 year old thread locked to further replies. Please keep your questions to your existing thread. It helps members give the best replies.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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