VWP to wife/husband visa

[Harpa Timsah 13,258]

Op - If you want to go this route, you'll need to understand a few things. 1. the cost. 2 - no, you cannot use your other medical. You need a new medical by a specially designated Civil Surgeon.

You need to follow the guide listed up top, and start to familiarize yourself with the process. Yes, you will twiddle your thumbs for a few months. Once you file you will have work and travel permission within 3 months.

[Bleed 1]

Can I just repeat, before this gets into arguments, that I am AUSTRALIAN. Not from a thrift world country. Our country hasn't had a recession since the 30's, Australia is a much better country Heath care wise (it's free!!), we have the highest unemployment payment rate IN THE WORLD, and I didn't have any intention of staying longer than my VWP stated. I'm not looking for arguments, I'm looking for advice and opinions relevant TO MY SITUATION. Not based on you Pre-judging as your culture seems rife on doing. All my intention was was to come to LA, see the sites, go to Alaska, see Penn and Teller, and have a bit of company along the way.

[NancyNguyen 1,657]

Sorry, I'm not familiar with what AOS means. But i was fully intending to go back, and haven't cancelled or extended my return ticket, it's still dated 2 weeks from now. But if there's the choice to apply for the partner visa, we will do that. I'm just not wanting to be banned or compromise anything like that. Im far from the type to abandon my responsibilities back home unless necessary. And to me this is something necessary.

You have 2 choices:

1. Get married then filing the AOS. The consequences might differ from case to case. You might have a hard time at the interview to prove the authenticity of your bona-fide marriage. Guide is here http://www.visajourney.com/content/i130guide2

2. Get married now and leave within your authorized stay. Your spouse is gonna file a CR-1, the time is less than 1 year (10 months or so.) You will have 2 years GC upon your arrival on a CR-1 visa. Guide: http://www.visajourney.com/content/i130guide1

3. Leave with your authorized stay, he will file a K-1 visa for you, the time is 6+ months. Remember you have to AOS when you come back on a K-1. K-1 AOS is extremely backed up now.

I greatly recommend plan 2. Good luck.

[DandT14 272]

Unless I misunderstood, she's already married. She got married in Vegas. Now she needs to adjust her status.

That's what a lot of us here are doing, so why anyone's yelling at her, I have no idea.

To the original poster: It will cost a significant amount of money and you won't be able to do much with your life until you get the adjustment done (no driver's license, job, etc.). But there are guides and lots of support here to help you.

[Harpa Timsah 13,258]

She has already stated her intent to AOS, she is in the US and recently married. It's useless to confuse her with choices when she has already made one.

1. Get married then filing the AOS. The consequences might differ from case to case. You might have a hard time at the interview to prove the authenticity of your bona-fide marriage. Guide is here http://www.visajourney.com/content/i130guide2

Ridiculous. Since you have never met the OP, how do you know she will have a difficult time proving a real marriage, when there is no evidence to suggest that. Shame on you.

[Bleed 1]

Thank you all for your advice. We are currently in Cali/LA area, and are thinking of seeing a lawyer for a free consultation or such. We've googled some, but does anyone have some first hand experience on any good ones in this area? Thanks to you all again

[DandT14 272]

I'm not sure how we would prove some of the things on that list - for obvious reasons we don't own any property together or have children together. The only way I spose would to have his friends/ parents sign a statutory declaration (affidavit? - unsure on your terms here) about us, but even that's hard to prove since I've only been here a month

You'll have time to gather those things. See what you can do about getting added to his lease, property title, insurance, whatever you can to submit the packet. Then you'll have several months to take pictures and get more evidence.

If it's going to take you time to get the money together, that also gives you time to get whatever else you need. You're going to be living with him, you'll naturally start acquiring things.

[Bleed 1]

I'm not one to free load, which is why I asked about work. I've always had a job since I was 14 and paid my own way. I do appologise for my ignorance on some of these checklists and such, but I'm new to this forum and this idea and I'm also on my phone, not a computer. We are already married, yes. I just don't want to apply to a situation which is hopeless in the first place. We have only just gotten married, so we don't have joint accounts etc. yet. And I was under the impression that I wouldn't be able to open accounts/ be on leases because I'm not a citizen/ won't have a visa... I kinda assumed your system would be like mine back home and not allow that unless you're on a working or student visa (or already applied for these other visas your talking about)

[Harpa Timsah 13,258]

Here is the VJ Guide: http://www.visajourney.com/content/i130guide2

I would start looking over the forms and familiarize yourself with the process. Then you can ask all of your questions here. This is a DIY site primarily, so most people did the process on their own, though someone might have a recommendation for a lawyer.

Regarding your question about proof of your marriage, if you read the instructions, it says you need at least one of the things on the list. One of those things should be easy to get for now, then you will have a mandatory interview in a few months and they will talk to you. You will also have time to get more evidence by that point, but the best evidence is seeing you two together.

They understand newlyweds don't have a lot of evidence, so don't worry about that.

[Harpa Timsah 13,258]

I'm not one to free load, which is why I asked about work. I've always had a job since I was 14 and paid my own way. I do appologise for my ignorance on some of these checklists and such, but I'm new to this forum and this idea and I'm also on my phone, not a computer. We are already married, yes. I just don't want to apply to a situation which is hopeless in the first place. We have only just gotten married, so we don't have joint accounts etc. yet. And I was under the impression that I wouldn't be able to open accounts/ be on leases because I'm not a citizen/ won't have a visa... I kinda assumed your system would be like mine back home and not allow that unless you're on a working or student visa (or already applied for these other visas your talking about)

Okay. So an overview of the process briefly. You will apply for these forms all together. It costs $1490. Beforehand, you will have a medical appointment that you make on your own with a Civil Surgeon. The CS will give you your medical results on a sealed envelope and you send that in with the package. Your husband will have to show that he makes 125% of the poverty line to support you, or you will ned a cosponsor. The current amount needed for 2 people is around $19000 a year. In around 3 months you will get a temporary travel and work permissions, so you can start working. After that, you will have a mandatory interview with your husband and then you will receive your Greencard, which is permanent residency status, if approved. The Greencard gives you the right to work and travel by itself, so the temporary documents will be no longer needed.

Some banks will allow you to add a spouse to the account without a Social Security Number, so you will have to just ask. There is no national law that says you can't have a bank account or anything like that.

Your situation is not hopeless. It's fine.

[DandT14 272]

I'm not one to free load, which is why I asked about work. I've always had a job since I was 14 and paid my own way. I do appologise for my ignorance on some of these checklists and such, but I'm new to this forum and this idea and I'm also on my phone, not a computer. We are already married, yes. I just don't want to apply to a situation which is hopeless in the first place. We have only just gotten married, so we don't have joint accounts etc. yet. And I was under the impression that I wouldn't be able to open accounts/ be on leases because I'm not a citizen/ won't have a visa... I kinda assumed your system would be like mine back home and not allow that unless you're on a working or student visa (or already applied for these other visas your talking about)

It can be tough to do much without a social security number. If your husband has credit cards, they will probably be able to add you as an "authorized user". They only need your name for that. Another thing to think about would be a cell phone for you on his account. If he has life insurance, he can probably name you as beneficiary. Some banks will allow you to be added without a SSN, you have to shop around for those.

This process requires A LOT of patience. Good luck.

[AF-Wife 181]

I have a question. my understanding was, that you meet each other the FIRST time in person and get married right away, you can't adjust your status. but of you would have seen each other in person once before and then would have came back and got spontaneously married, you can. is there a truth about it?

[Reyan 56]

Can I just repeat, before this gets into arguments, that I am AUSTRALIAN. Not from a thrift world country. Our country hasn't had a recession since the 30's, Australia is a much better country Heath care wise (it's free!!), we have the highest unemployment payment rate IN THE WORLD, and I didn't have any intention of staying longer than my VWP stated. I'm not looking for arguments, I'm looking for advice and opinions relevant TO MY SITUATION. Not based on you Pre-judging as your culture seems rife on doing. All my intention was was to come to LA, see the sites, go to Alaska, see Penn and Teller, and have a bit of company along the way.

This is not meant to start an argument, but I don't think Healthcare is ever "free", because the cost is usually borne by someone and/or everyone whether through it be through taxes or wealth distribution. I wish the OP best of luck though on her AOS though.

[Penguin_ie 5,986]

I have a question. my understanding was, that you meet each other the FIRST time in person and get married right away, you can't adjust your status. but of you would have seen each other in person once before and then would have came back and got spontaneously married, you can. is there a truth about it?

Not true.

[AF-Wife 181]

Not true.

cool, thanks. I think, I've heard that before, but I never really thought about it until now.