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rutten

VWP with intent to marry

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

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Xanax Proficient

Xanax   349

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

Xanax: one of the questions OP asked was "Is it possible to apply for AOS while marrying under the VWP when it wasn't a 'spontaneous marriage'?" From that my guess was that one of the options OP was considering was to "enter on the VWP with the intent to marry and stay and adjust status."

OP, if that was an incorrect assumption on my part, I am sorry for the confusion.

I did not see that question.

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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DandT14
DandT14

Both scenarios are legal. My only concern for you would be in scenario 1, because if you tell them at POE that you intend to marry but not stay, they might not believe you. Then you get turned away

jenniferjones101
jenniferjones101

I highly recommend Scenario 1: Marry in the US under VWP, return to the UK, spouse files for CR-1. Once CR-1 is granted, you will enter the US as a Lawful Permanent Resident, no need for AOS or EAD!

caly Community Regular

caly   48

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

Hello (I'm new here)

I am British, my fiancee is American. This is the timeline and sequence of events we are currently looking at and I was wondering if anything was incorrect, illegal or 'in fantasy land'. Thanks in advance for any help anyone can give us!

Between October 2012 and January 2013 - I, the Brit, travel to the USA under VWP and get married to my fiancee. I then return home within the 90 days the VWP allows. I tell immigration at the Point Of Entry in the US that I am entering with the intention to get married, but I am not staying in the country on this trip (I will show the official my return plane ticket). - The reason I would leave the country after getting married is that I believe that if you enter under the VWP with the intention to get married and with the intention of STAYING, you could be denied entry. Is it possible to apply for AOS while marrying under the VWP when it wasn't a 'spontaneous marriage'?

Both your options OP are sound.

Entering on the VWP to get married is NOT illegal and not fraud.

OP, please do not listen to those who say it is.

The VWP is a non-immigrant visa which means you cannot enter on it with the intent to stay but your idea is perfectly fine and legal. It is kind of like you are going to get married, have a little honeymoon and then return home to tie up loose ends and wait for your CR-1 to be approved and that is absolutely fine! Doing things this way will actually ensure once you enter the US you will have your GC and you will not need to go through the AOS process and you could work straight away, get a drivers license etc etc.

Similarly, the K-1 visa option is fine too. You can also continue to visit your fiance(e)on the VWP while waiting for your CR-1 or K-1 so that is definitely an advantage for you as a VWP country citizen.

However OP, you cannot enter on the VWP with the intent to marry and stay and adjust status. That IS visa fraud. But I didn't even see you ask about that!

Xanax: one of the questions OP asked was "Is it possible to apply for AOS while marrying under the VWP when it wasn't a 'spontaneous marriage'?" From that my guess was that one of the options OP was considering was to "enter on the VWP with the intent to marry and stay and adjust status."

OP, if that was an incorrect assumption on my part, I am sorry for the confusion.

I did not see that question.

:lol: You're both right! :rofl:

USCIS: CR-1 Visa @ Vermont Service Center (Approved in 140 days from NOA1)

03/07/11: I-130 package sent to Chicago Lockbox

03/14/11: NOA1 via text and email (03/21/11: in the mail); petition routed to VSC

07/27/11: NOA2 via text and email (07/30/11: received in the mail)

08/01/11: Case received at NVC

09/19/11: Case complete and forwarded to consulate

10/19/11: Interview (APPROVED!!!)

11/18/11: POE

12/12/11: 2- year Green Card arrives in the mail

12/22/11: Applied for SSN at local office

12/26/11: SSN arrives in the mail

08/20/13: ROC window opens

10/03/13: I-751 package sent to Vermont Service Center

10/05/13: I-751 Delivered (Signed for by Karen Fitzgerald)

10/09/13: Check cleared bank account

10/11/13: NOA1 received (dated 10/07/13)

10/19/13: Biometrics appointment notice received (dated 10/16/13)

11/12/13: Biometrics appointment in Buffalo, NY

11/15/13: Case transferred to CSC

03/04/14: USCIS case status update: Card/Document Production (i.e. APPROVED!!!)

03/07/14: USCIS case status update: Green Card in the postal system; tracking number

03/08/14: Approval notice arrives in the mail (dated 03/04/2014; USCIS Office: Buffalo, NY)

03/10/14: 10-year Green Card arrives in the mail

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TBoneTX Grand Master

TBoneTX   43,250

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

The OP hasn't logged on to VJ since July 2014, so a reply is unlikely. You might want to send him a personal message to see if that evokes a response.

Old thread closed to further comments.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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