VWP to wife/husband visa

[bvpshenvalley2 1]

Edited May 25, 2012 by bvpshenvalley2

[jdh 103]

Well, do you live with her? For sure, she will say that. Well nobody has intention to stay, you know the story here. The legal way is not the HARD way, it is the right way.

####### off with the fear mongering. AOS in this manner IS one of the legal ways. It is authorized by USCIS. If you have nothing that is accurate and helpful to add to the conversation just keep to ourself.

You don't know what her intent was and regardless she is here now and if she wants to Adjust status within the country she is welcome and legal to do so.

Edited May 25, 2012 by jdh

[jdh 103]

To the original poster.

If you do decide to do this understand that you are not applying for a visa. Those are to enter the country - you are already here.

You are applying to Adjust Status.

It is expensive. If you can't afford it you should go home and save till you can.

Also prepare to be scrutinized heavily in your interview. One month is extremely short to be jumping into a lifetime commitment. They will not be overly eager to grant you permanent residence.

[Xanax 349]

Have you got all the answers you need OP?

A lot of the information here is very helpful.

Apply for AOS (Adjustment of Status); Overstay is forgiven for the spouse of a USC; The cost will be around $1500+ and you will not be able to work for about 3-4 until the petition is approved.

If you cannot afford this process now, you can go home and your husband can petition you on a CR-1 visa. This will take 8-10 months. The fees are lower and you will not have to pay for AOS when you go this route either but you will be parted. If you leave before your VWP expires you can still travel on it back and forth on VWP while waiting for your CR-1 visa to be approved.

If you stay past the allowed time on VWP you will not be able to use it anymore, even if you go home afterwards. You would have to apply for a tourist visa for any future visits.

[Touch of Treble 39]

this is message is to the OP...

WARNING! You are over here on a VWP! This means YOU CANNOT ADJUST! You can only come over and go home. If you had a different type of entry visa you may be able to adjust. VWP has a number of restrictions on it and one is that you CANNOT adjust after marriage. Go onto USCIS and read carefully the restrictions for the VWP. DO NOT assume that you can stay and change status, Yes our country is in a really good economic position but you came in on the understanding that you would go back home and that is what you will need to do, You need to put your information together and have your medical and interview in Aus. Sydney consulate will look after your case, not USA.

Your police report needs to include the FULL fingerprint report which is not what a work based report would include. Your medical needs to be done by a panel physician using the I 693 form.

Your fees for the visa need to be paid to the consulate via Australia Post.

Sorry, but you are not the first one to want to go this way. If you had come over on a visa that had been granted through the embassy in Aus already you could have adjusted but not on the visa waiver program as there is actually NOT a visa for you at all. The USCIS need to check you out first, before they let you in.

Please read the restrictions on a VWP BEFORE you go any further.

Hope you can work it all out, and congratulations on getting married.

[Hypnos 6,576]

this is message is to the OP...

WARNING! You are over here on a VWP! This means YOU CANNOT ADJUST! You can only come over and go home. If you had a different type of entry visa you may be able to adjust. VWP has a number of restrictions on it and one is that you CANNOT adjust after marriage.

100% inaccurate.

You actually can adjust when entering on VWP, though only immediate relatives of a USC can do this (spouse of, parent of, minor child of, a USC).

http://www.cavanaugh...er-program-vwp/

http://www.visajourney.com/forums/topic/347527-marriage-based-aos-from-vwp/page__view__findpost__p__5158860

While it may not be the preferred option, it is a possibility, but of course carries risks (most notably having no appeal should you receive an unfavourable decision).

Edited May 25, 2012 by Hypnos

[Xanax 349]

this is message is to the OP...

WARNING! You are over here on a VWP! This means YOU CANNOT ADJUST! You can only come over and go home. If you had a different type of entry visa you may be able to adjust. VWP has a number of restrictions on it and one is that you CANNOT adjust after marriage. Go onto USCIS and read carefully the restrictions for the VWP. DO NOT assume that you can stay and change status, Yes our country is in a really good economic position but you came in on the understanding that you would go back home and that is what you will need to do, You need to put your information together and have your medical and interview in Aus. Sydney consulate will look after your case, not USA.

Your police report needs to include the FULL fingerprint report which is not what a work based report would include. Your medical needs to be done by a panel physician using the I 693 form.

Your fees for the visa need to be paid to the consulate via Australia Post.

Sorry, but you are not the first one to want to go this way. If you had come over on a visa that had been granted through the embassy in Aus already you could have adjusted but not on the visa waiver program as there is actually NOT a visa for you at all. The USCIS need to check you out first, before they let you in.

Please read the restrictions on a VWP BEFORE you go any further.

Hope you can work it all out, and congratulations on getting married.

Please don't give incorrect information

[Penguin_ie 5,986]

this is message is to the OP...

WARNING! You are over here on a VWP! This means YOU CANNOT ADJUST! You can only come over and go home. If you had a different type of entry visa you may be able to adjust. VWP has a number of restrictions on it and one is that you CANNOT adjust after marriage.

Completely incorrect.

[kzielu 1,147]

this is message is to the OP...

WARNING! You are over here on a VWP! This means YOU CANNOT ADJUST!

As other said - completely incorrect. On this site they are hundreds of people that adjusted from VWP, 2 minute search for a person that has basic computer skills would prove it... How about you try ?

[ceadsearc 515]

As others have said, you CAN adjust. The only issue is if you can't afford the medical and associated fees. If you are not going to be able to pay for this before your VWP expires you should return home and file a CR-1 from there. Otherwise, you will be out of status, unable to work, and if you are out of status 6 months you'll be unable to leave the country without a ban until you get your green card. You also won't be able to use VWP anymore. But, assuming you can come up with the money, you are legally allowed to adjust.

[jdh 103]

Indeed. I wish the mods would remove posts that have completely incorrect information. +1 to the above.

I am generally completely a proponent of folks staying and adjusting but in your particular case I think it may be beneficial to go home. Not because you are not eligible to adjust, because you completely are, but because you do not have the funds and if you overstay and get denied you will risk a ban.

Typically I am not concerned with overstay because the vast majority of folks that AOS from a VWP or tourist visa have no issues. Your situation does concern me a little because of the extremely short time frame. Don't get me wrong, no one can say that you didn't fall in love quickly, but it does mean you will very likely receive heavy scrutinization come interview time which increases a risk of denial, a risk that is always there for everyone however small.

Please don't base your decision on the folks who pass out incorrect info on here - it happens every time someone mentions adjusting from a VWP/Tourist visa.

Good luck.

[DC85 113]

Indeed. I wish the mods would remove posts that have completely incorrect information. +1 to the above.

I am generally completely a proponent of folks staying and adjusting but in your particular case I think it may be beneficial to go home. Not because you are not eligible to adjust, because you completely are, but because you do not have the funds and if you overstay and get denied you will risk a ban.

Typically I am not concerned with overstay because the vast majority of folks that AOS from a VWP or tourist visa have no issues. Your situation does concern me a little because of the extremely short time frame. Don't get me wrong, no one can say that you didn't fall in love quickly, but it does mean you will very likely receive heavy scrutinization come interview time which increases a risk of denial, a risk that is always there for everyone however small.

Please don't base your decision on the folks who pass out incorrect info on here - it happens every time someone mentions adjusting from a VWP/Tourist visa.

Good luck.

you hit the spot

[DandT14 272]

I think jdh said it all, and very well.

I just wanted to add one more thing to think about... while you're here, waiting to either get the funds together or waiting for the AOS to be complete, you'll have limited access to medical care. (I mention this mostly because you said you were bipolar.) You can always get emergency care, but if you go to a "regular" doctor without health insurance, it will cost you a lot of money. And prescription drugs, without insurance, probably cost more than you can imagine.

Just know what you're in for before you make your decision.

[grrrrreat 109]

this is message is to the OP...

WARNING! You are over here on a VWP! This means YOU CANNOT ADJUST! You can only come over and go home. If you had a different type of entry visa you may be able to adjust. VWP has a number of restrictions on it and one is that you CANNOT adjust after marriage. Go onto USCIS and read carefully the restrictions for the VWP. DO NOT assume that you can stay and change status, Yes our country is in a really good economic position but you came in on the understanding that you would go back home and that is what you will need to do, You need to put your information together and have your medical and interview in Aus. Sydney consulate will look after your case, not USA.

Your police report needs to include the FULL fingerprint report which is not what a work based report would include. Your medical needs to be done by a panel physician using the I 693 form.

Your fees for the visa need to be paid to the consulate via Australia Post.

Sorry, but you are not the first one to want to go this way. If you had come over on a visa that had been granted through the embassy in Aus already you could have adjusted but not on the visa waiver program as there is actually NOT a visa for you at all. The USCIS need to check you out first, before they let you in.

Please read the restrictions on a VWP BEFORE you go any further.

Hope you can work it all out, and congratulations on getting married.

This is wrong, wrong, wrong. There's no bar against applying for adjustment of status on the VWP. Stop making stuff up.

[JohnR! 5,495]

1337894533[/url]' post='5398653']

Also, I had a full medical before I came here - mostly for work, with an std test thrown in because I knew I was travelling and wasn't in a relationship. Could I just use that? Get the paperwork emailed or posted here? I also had a police check done for my work late last year. I can have them all posted or emailed. As for the price, we don't have that money right now, he works for a temp agency in Georgia and most of our money from the past 4-5 months has gone into organizing a pretty epic holiday for us both. We just kinda decided were in Vegas, in love, why not do what they do in Vegas. How long can we wait to apply, without me going home? Is that the 119 days or something?

Bleed staying under these circumstances would not be prudent. Consider returning to Australia and having your husband apply for your residency here in the US. You will need another physical performed by a doctor accredited by the US government. In addition you will need to obtain another police record closest to the date of your interview at the US consulate. All that will cost money, which you indicated neither of you have at this point, the implication being that your staying here will only put pressure on him to get the money to get your papers in order. Also note there is no guarantee that you will not be required by immigration to return to your home country and wait your visa there. If you have a job there currently, keeping it would be a sure way to help your husband offset the costs of the process. Marriage is about making the right choices even if they do not represent one's most desirable option.

Congrats! And good luck whichever your course of action.