Came with VWP,couple of questions on filling the forms

[Clara_R 0]

Hi there! My name is Clara.

I am a newbie in this forum. I am going to get married in 2 weeks, we are going to file AOS in the USA.

I came with Visa waiver program and I am freaking nervous to do paper works without a lawyer.

I don't have enough funds to hire a lawyer. They asked for $3000+USCIS fees

Here are my questions.

On I-485 form

I came on VWP so I don't have a I-94 number, in this case should I just write N/A?

I don’t have a social security number or alien number either. Should I write N/A or NONE?

Part 2.

I am applying for an adjustment of status

B. my spouse or parent applied for adjustment of status

Is this correct?

Nonimmigrant visa number

N/A

Consulate where visa was issued

N/A

Is this correct?

I will be really thankful if somebody answers my questions.

Have a nice day guys.

[Ontarkie 13,957]

moved to Adjustment of Status from Work, Student, & Tourist Visas

[mamaSue 38]

It's really not a good idea to try and adjust status from a VWP.

You came with the intention of immigration on a non-immigrant entry. This can be construed as immigration fraud, and trying to 'beat the system' is never a good idea.....you may or may not be allowed to stay....you might end up having to leave, with a lifetime ban!

If a person comes on a VWP and suddenly decides to marry and adjust status, it's sometimes forgiven, but you've declared your immigrant intent by starting to file papers already.

Also....if you get turned down, there's no chance to appeal from the VWP.

If somebody more knowledgeable wants to correct me, please feel free, but I'm pretty sure I'm right.

Edited July 31, 2012 by mamaSue

[DandT14 272]

Where did the OP say she entered with the intention of immigrating? I'm pretty sure she's already here.

Lots of people change their minds after entering on the VWP and get married and successfully adjust status. Unless there is something unusual about this case then I don't see the issue.

This entire section of the forum is for people who adjust after entering on non-immigrant visas.

Edited July 31, 2012 by DandT14

[Little_My 464]

Unless she was specifically asked about intent during entry, it is very unlikely this issue will come up in any way - and even if it does, intent alone cannot be used as grounds for denial. The OP is in the US - it's irrelevant that she has obvious intent to stay NOW. The issue would have been whether there was intent at the time of entering the US, which is a bit of a moot point at this stage.

You can write N/A for I-94 number. Same for SSN and A#.

As for part 2 of I-485 - what is the basis of your AOS? Did you marry a US citizen? If you did, the correct answer is A. B would apply if a family member of yours from your home country, such as your mother, father or husband, had applied for a greencard and received one, and you were eligible for a derivative greencard based on their status as LPR.

[DandT14 272]

Little_my beat me to it, but I think you want to check "A" because you're adjusting based on your marriage to a US citizen, correct?

Your fiance is a US citizen, right?

Edited July 31, 2012 by DandT14

[Dave&Judy 3]

Little_my beat me to it, but I think you want to check "A" because you're adjusting based on your marriage to a US citizen, correct?

Your fiance is a US citizen, right?

Options a & b (for Part 2 Question A) on I-485 are little tricky/confusing.

What is the difference between two?

So, what would the right choice for a person going to AOS after

marrying to USC (which is this forum for)?

Thanks !

[Little_My 464]

For a person who is filing for AOS based on marriage to a US citizen, the correct answer is A. Read the boldet part below:

A. An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

..That immigrant petition, filed with I-485, is essentially the I-130 - which is the basis of eligibility for AOS for someone who married a US citizen.

B states: My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children - this would mean that the applicants parent or spouse is also a foreigner, who applied for a green card, and this would allow you as the other applicant to apply for a derivative LPR status based on your parents/spouses approved application.

[DandT14 272]

Options a & b (for Part 2 Question A) on I-485 are little tricky/confusing.

What is the difference between two?

So, what would the right choice for a person going to AOS after

marrying to USC (which is this forum for)?

Thanks !

If you're applying for AOS based on marriage to a US citizen, the option is A.

If you fell into the "B" category, you'd know it, I think. You would use that if you married a LPR.

The forum isn't just for people who are adjusting based on marriage, I think that's just the majority of people here. This particular section is for people who are adjusting after entering on a non-family based visa. So, students, visitors, etc.

Edited July 31, 2012 by DandT14

[Clara_R 0]

For a person who is filing for AOS based on marriage to a US citizen, the correct answer is A. Read the boldet part below:

A. An immigrant petition giving me an immediately available immigrant visa number that has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile, or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)

..That immigrant petition, filed with I-485, is essentially the I-130 - which is the basis of eligibility for AOS for someone who married a US citizen.

B states: My spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children - this would mean that the applicants parent or spouse is also a foreigner, who applied for a green card, and this would allow you as the other applicant to apply for a derivative LPR status based on your parents/spouses approved application.

Oh Thank you so much for your help!!!! I really appreciated. Yes,my fiance is US citizen.

[Clara_R 0]

If you're applying for AOS based on marriage to a US citizen, the option is A.

If you fell into the "B" category, you'd know it, I think. You would use that if you married a LPR.

The forum isn't just for people who are adjusting based on marriage, I think that's just the majority of people here. This particular section is for people who are adjusting after entering on a non-family based visa. So, students, visitors, etc.

Thank you for your reply!!

[SOflaherty 40]

It's really not a good idea to try and adjust status from a VWP.

You came with the intention of immigration on a non-immigrant entry. This can be construed as immigration fraud, and trying to 'beat the system' is never a good idea.....you may or may not be allowed to stay....you might end up having to leave, with a lifetime ban!

If a person comes on a VWP and suddenly decides to marry and adjust status, it's sometimes forgiven, but you've declared your immigrant intent by starting to file papers already.

Also....if you get turned down, there's no chance to appeal from the VWP.

If somebody more knowledgeable wants to correct me, please feel free, but I'm pretty sure I'm right.

Right and wrong. It's not 'sometimes forgiven', people do this successfully every single day. I have NEVER heard a case where intention was even mentioned at a VWP/AOS interview, and even if it were, intent is not enough to be able to deny an otherwise approvable case, there has to be a problem with the application or inadmissibility of the beneficiary. Yes, if it is denied you do not get to appeal, so it is a serious undertaking, but it's not nearly the scary thing people like to go on about here, and it's not the horrible thing K-1's like to complain about. It's a perfectly legal and acceptable way of adjusting, so long as you do it correctly on the first try.