Getting married under visa waiver program

[MacUK 983]

To be honest, I think that given the info you provided and the desire to stay together during the process, AOS is a no-brainer... maybe I am missing something...

Unless they have things back in France to sort out that can't wait three months before he can go back.

[Franciscus 32]

Unless they have things back in France to sort out that can't wait three months before he can go back.

Yeah, that's why I said "given the info you provided". OP only reported the desire to stay together during the process, not the desire to sort out things back in France in less than 3 months.

[MacUK 983]

Yeah, that's why I said "given the info you provided". OP only reported the desire to stay together during the process, not the desire to sort out things back in France in less than 3 months.

True.

Not to get at the OP, just a general observation, but I do find it amazing how many people there are who can just drop absolutely everything in their home country when they get married 'on a whim' and AOS.

When I overstayed on VWP (if I'd known about AOS then I'd probably have gone for it. Maybe it's a good thing I didn't know!) I had just left the military, had no job yet, had been staying with my parents and hadn't bought a car yet since coming back from a tour of duty but even then I still had at the back of my mind that there were things I had to do before I could leave the UK.

I just find it incredible that so many thousands of people can leave behind jobs, homes, belongings and day to day bills. Maybe I'm just too much of a hard cold realist to be able to say that love trumps day to day responsibilities.

I think maybe that's why there's so much scepticism when people say they're going to AOS on a whim and so many people here (myself included) automatically think, 'Yup, you planned it all along'

Maybe love does override all other considerations sometimes.

[Teddy B 17,251]

True.

Not to get at the OP, just a general observation, but I do find it amazing how many people there are who can just drop absolutely everything in their home country when they get married 'on a whim' and AOS.

When I overstayed on VWP (if I'd known about AOS then I'd probably have gone for it. Maybe it's a good thing I didn't know!) I had just left the military, had no job yet, had been staying with my parents and hadn't bought a car yet since coming back from a tour of duty but even then I still had at the back of my mind that there were things I had to do before I could leave the UK.

I just find it incredible that so many thousands of people can leave behind jobs, homes, belongings and day to day bills. Maybe I'm just too much of a hard cold realist to be able to say that love trumps day to day responsibilities.

I think maybe that's why there's so much scepticism when people say they're going to AOS on a whim and so many people here (myself included) automatically think, 'Yup, you planned it all along'

Maybe love does override all other considerations sometimes.

With the technology we have now, most everything can be handled via the internet. Not to mention, a lot of young people simply don't have things like a house or a car that would require them to return to. Other folks have friends or relatives that can help take care of things for them. Unless someone has young children at home that need taking care of, there really isn't anything that needs face to face attention. My guess is that the percentage of people who AOS on a whim is very low compared to the total number of people who file for immigrant visas. For whatever reason some folks like to focus on this issue as if everyone who does it is a criminal. It's USCIS who allows this path to be taken legally, don't blame people for taking advantage of it. Write a letter to your Congressman if you feel it's unfair.

[MacUK 983]

With the technology we have now, most everything can be handled via the internet. Not to mention, a lot of young people simply don't have things like a house or a car that would require them to return to. Other folks have friends or relatives that can help take care of things for them. Unless someone has young children at home that need taking care of, there really isn't anything that needs face to face attention. My guess is that the percentage of people who AOS on a whim is very low compared to the total number of people who file for immigrant visas. For whatever reason some folks like to focus on this issue as if everyone who does it is a criminal. It's USCIS who allows this path to be taken legally, don't blame people for taking advantage of it. Write a letter to your Congressman if you feel it's unfair.

The process itself may be legal but it is abused in an illegal fashion by people who feel they shouldn't have to go through the correct process.

[Teddy B 17,251]

The process itself may be legal but it is abused in an illegal fashion by people who feel they shouldn't have to go through the correct process.

There's no doubt that it's abused, I just don't think it's abused as much as people here like to think it is. And people here like to jump to conclusions at the first mention of AOS without a fiance or marriage visa in place. I can tell you first hand, that legitimate AOS "on a whim" does not require any pre-planning, nor is it that hard to do without the immigrant returning to their home country.

[MacUK 983]

There's no doubt that it's abused, I just don't think it's abused as much as people here like to think it is. And people here like to jump to conclusions at the first mention of AOS without a fiance or marriage visa in place. I can tell you first hand, that legitimate AOS "on a whim" does not require any pre-planning, nor is it that hard to do without the immigrant returning to their home country.

Like I said, just a general observation.

I just find it amazing that someone can go to a country on vacation with every intention of going home but then decide to just drop it all without consequences.

Maybe I'm just too much of a cynic

[Keliine 0]

Hi,

I came in USA with a waiver visa to visit my boyfriend. We got married and now we are filing the different forms for the AOS.

The fact that I came with a waiver visa I didnt get the I-94 form that they are talking about in the AOS papers. Is it a problem?

Do I have to send all the papers before the end of my waiver visa?

How long does it take to get the green card?

Sorry for my English but I am French.

Thank you.

[teanet 20]

You need to send I-130, I-485 and also you should send -131 and I-765( AP and EAD) so you can travel and work while waiting. I think its best to send before your stay expires but it ll be forgiven if you send it after your stay expires. I got my green card in 4 months. And you didn't get I-94 its no problem, just make sure you ll send copy of your passport with stamp from airport. Make sure you have everything that those forms require so you don't get RFE ( request for evidence). You will also need to have medical exam that has to be submitted with the AOS.

[Keliine 0]

You need to send I-130, I-485 and also you should send -131 and I-765( AP and EAD) so you can travel and work while waiting. I think its best to send before your stay expires but it ll be forgiven if you send it after your stay expires. I got my green card in 4 months. And you didn't get I-94 its no problem, just make sure you ll send copy of your passport with stamp from airport. Make sure you have everything that those forms require so you don't get RFE ( request for evidence). You will also need to have medical exam that has to be submitted with the AOS.

Thank you so much for your answer

[Keliine 0]

Hi,

I would like to know how long does it take to fill all the papiers before sending?

is it better to call a lawyer or I can do it by myself?

Thank you

[Keliine 0]

I have another question: Do I have to pay the I-485 Supplement A or not?

Do you know the immigration fées for the I-130 and the I-485?

thank you

[Harpa Timsah 13,258]

You do not need the supplement A.

Please read the instructions for the forms, they have the current fees. It is $420 for the I-130 and $1070 for the I-485.

[C&I 17]

I was reading all of these posts regarding AOS while on a tourist visa or on VWP and, to be honest and from lots of people I met in the US, so many foreigners go the the US and adjust their status! I couldn't believe it myself but it's true and reading the posts here confirm it even more.

Most of the people know what their intent is when they arrive in the US because everyone has a life in his own country and have to deal with things before making such a move (job, house, bills, abonments, etc. etc.....). I don't think a lot of people are getting romantic all of a suden in the US and decide to quit everything and stay - but even that happen! It's just different for everyone.

So I'm still wondering how you prove that your intent was not to immigrate, if you knew you would stay in the US and adjust your status??

Immigration officers don't ask these questions during the interviews?

[Teddy B 17,251]

I was reading all of these posts regarding AOS while on a tourist visa or on VWP and, to be honest and from lots of people I met in the US, so many foreigners go the the US and adjust their status! I couldn't believe it myself but it's true and reading the posts here confirm it even more.

Most of the people know what their intent is when they arrive in the US because everyone has a life in his own country and have to deal with things before making such a move (job, house, bills, abonments, etc. etc.....). I don't think a lot of people are getting romantic all of a suden in the US and decide to quit everything and stay - but even that happen! It's just different for everyone.

So I'm still wondering how you prove that your intent was not to immigrate, if you knew you would stay in the US and adjust your status??

Immigration officers don't ask these questions during the interviews?

Once you are allowed entry into the US by a customs officer it is assumed that you have satisfied any preconceived intent issues. It is the customs officer responsibility to question you in this regard and determine what your intentions are. Unless something rock solid shows up down the line that proves you had intent when entering, the USCIS usually does not pursue that line of questioning. Sometimes they will ask a few questions about intent, if they feel there was, to see what your answers are, but they won't pursue it any further without proof. Also, the burden of proof of intent to immigrate is on USCIS, not the immigrant to prove otherwise. And even with proof of intent, it is still not enough to deny an AOS application.

Edited April 10, 2014 by Teddy B