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adjust for status on VWP

By r.sas in Adjustment of Status from Work, Student, & Tourist Visas

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r.sas Newbie

r.sas   0

Posted
Filed: IR-1/CR-1 Visa Country: Hungary
 Timeline
Posted (edited)

My husband is a us citizen, he is gettin out the army in september so we want go to the states and stay there, but we dont want to apply for immigrant visa over here because it would take too long. Can we apply for an immigrant visa once i entered the US on the visa waiver program? They can send me back to europe sayin that i need to apply for the visa over here? how long after i enter the us on VWP should we apply? we very unexperienced... :( whats the best thing to do?

thanks for help!

Edited by r.sas
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ValerieA Experienced

ValerieA   350

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

Unfortunately, it is considered fraud (thus illegal) to enter the US with immigrant intent on a non-immigrant visa. No one on this site can counsel you on this, it is against the TOS. If you start your CR-1 now, well, yeah, you won't have it by September, most likely, but that seems to be your only option right now. Can a military person get an expedite?

Sorry I can't help you further.

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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fantonledzepp Community Regular

fantonledzepp   159

Posted
Filed: Lift. Cond. (apr) Country: Ecuador
 Timeline
Posted (edited)

What you are planning is illegal. You have to follow the proper legal way and apply for a spousal visa and that includes several months of waiting. We've all been through this and do it legally.

However, your significant other is in the military, he should be able to get the petition expedited.

Edited by fantonledzepp

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Do it the right way instead of trying to play the system.

It actually goes a bit quicker and easier for members of the military.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Saddle Bronc Grand Master

Saddle Bronc   124

Posted
Filed: Citizen (apr) Timeline
Posted
Unfortunately, it is considered fraud (thus illegal) to enter the US with immigrant intent on a non-immigrant visa.
Caution: that statement is overbroad. One can enter on some non-immigrant (work, or derivative dependent) visas with immigrant intent.

In the context of this thread though, it is true.

No one on this site can counsel you on this, it is against the TOS. If you start your CR-1 now, well, yeah, you won't have it by September, most likely, but that seems to be your only option right now. Can a military person get an expedite?

Sorry I can't help you further.

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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Xanax Proficient

Xanax   349

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

Apply for a CR-1 (spousal visa) or K-1 visa ( fiance visa) and request an expedite as your partner is in the military.

Entering the US on a VWP with intent to stay is frowned upon and may cause you problems down the line/ IE if you lie at your POE.

Edited by Xanax

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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ValerieA Experienced

ValerieA   350

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

Caution: that statement is overbroad. One can enter on some non-immigrant (work, or derivative dependent) visas with immigrant intent.

In the context of this thread though, it is true.

I really didn't want to confuse the OP by bringing up dual-intent visas. blush.gif

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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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
  • Popular Post
Posted

Not only can it cause the immigrant trouble to misuse a visa , her getting in trouble can have adverse affects on her husband. We are all here trying to do things the right way and people that want to abuse the VWP to immigrate make me want to puke. I do wish they would close that loophole.

This will not be over quickly. You will not enjoy this.

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jdh Community Regular

jdh   103

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

Not only can it cause the immigrant trouble to misuse a visa , her getting in trouble can have adverse affects on her husband. We are all here trying to do things the right way and people that want to abuse the VWP to immigrate make me want to puke. I do wish they would close that loophole.

AoS through the VWP program and the like is not a loophole. That of course doesn't mean it is not abused from time to time.

Further it doesn't look like these poor folks are out to abuse anything - they asked a question about the proper way to go about things and got an answer. No need for a bombardment.

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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r.sas Newbie

r.sas   0

Posted
Filed: IR-1/CR-1 Visa Country: Hungary
 Timeline
  • Author
Posted

Not only can it cause the immigrant trouble to misuse a visa , her getting in trouble can have adverse affects on her husband. We are all here trying to do things the right way and people that want to abuse the VWP to immigrate make me want to puke. I do wish they would close that loophole.

If u have no usefull answer then its pointles to write anything. Im askin for infos, not what u think bout vwp... -.-

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DandT14 Rising Star

DandT14   272

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

Not only can it cause the immigrant trouble to misuse a visa , her getting in trouble can have adverse affects on her husband. We are all here trying to do things the right way and people that want to abuse the VWP to immigrate make me want to puke. I do wish they would close that loophole.

What loophole?

You want to get rid of the VWP or the ability to AOS from VWP?

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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DandT14 Rising Star

DandT14   272

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

stop trying to play the system, be like the rest of us and do it the legal way

She's not trying to play the system. As jdh said, she asked a question. Why can't people just answer it without screaming "you're bad" at the person asking?

If, after she's told she can't use the VWP to immigrate, she goes ahead and does it anyway, then scream away.

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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grrrrreat Rising Star

grrrrreat   109

Posted
Filed: Timeline
Posted (edited)

My husband is a us citizen, he is gettin out the army in september so we want go to the states and stay there, but we dont want to apply for immigrant visa over here because it would take too long. Can we apply for an immigrant visa once i entered the US on the visa waiver program? They can send me back to europe sayin that i need to apply for the visa over here? how long after i enter the us on VWP should we apply? we very unexperienced... :( whats the best thing to do?

thanks for help!

USCIS often expedites petitions for immigrant visas for U.S. citizens who live abroad and especially for members of the military. Start working on your form I-130 according to the Guides on this website, and then review this information for military families from USCIS. Call the number listed there and see what the process is: they list "bringing a spouse to the United States" as something that they help military members with.

Guide: http://www.visajourney.com/content/i130guide1

Military families: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7d1f8430256b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=7d1f8430256b3210VgnVCM100000b92ca60aRCRD

Edited by grrrrreat
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Cathi Veteran

Cathi   5,609

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

Apply for a CR-1 (spousal visa) or K-1 visa ( fiance visa) and request an expedite as your partner is in the military.

Entering the US on a VWP with intent to stay is frowned upon and may cause you problems down the line/ IE if you lie at your POE.

It is more than frowned upon, it is illegal


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